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AMMR:
Article 36 – Obligations of the Member State responsible

1. The Member State responsible under this Regulation shall be obliged to:

(a) take charge, under the conditions laid down in Articles 39, 40 and 46, of an applicant whose application was registered in a different Member State;

(b) take back, under the conditions laid down in Articles 41 and 46 of this Regulation, an applicant or a third-country national or a stateless person in relation to whom that Member State has been indicated as the Member State responsible under Article 16(1) of Regulation (EU) 2024/1358Eurodac Regulation;

(c) take back, under the conditions laid down in Articles 41 and 46 of this Regulation, an admitted person who has made an application for international protection or who is irregularly staying in a Member State other than the Member State which accepted to admit him or her in accordance with Regulation (EU) 2024/1350 Resettlement and Humanitarian Admission Regulation, or which granted international protection or humanitarian status under a national resettlement scheme.

2. For the purposes of this Regulation, it shall not be possible to separate the situation of a minor who is accompanying the applicant and meets the definition of family member from that of his or her family member and the minor shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, without the need for a written consent by the person concerned, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same shall apply to children born after the arrival of the applicant on the territory of the Member States, without the need to initiate a new procedure for taking charge of them.

Notwithstanding the requirement for written consent provided for in Article 26, where a new procedure for taking charge of a minor is initiated with regard to a Member State which is indicated as the Member State responsible pursuant to Article 26, no written consent shall be required by the persons concerned, unless it is demonstrated that the transfer to the Member State responsible is not in the best interests of the child.

3. In the situations referred to in paragraph 1, points (a) and (b), of this Article the Member State responsible shall examine or complete the examination of the application for international protection in accordance with Regulation (EU) 2024/1348Procedures Regulation.


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Regulation (EU) No 604/2013This Regulation
Article 18Article 36
Categories: Articles Key words: Eurodac, Family members, Member State Responsible, Minor, Take Back Notification, Take Charge Request, Unaccompanied minor

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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