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Tag: Family members

In so far as the family already existed before the applicant arrived on the territory of the Member States, members of the applicant’s family present on the territory of the same Member State during the procedure, specifically spouses/unmarried partners and minor or adult dependent children. [defined in Article 2 of the Reception Directive]

AMMR:
Article 27 – Family members who are applicants for international protection

Where the applicant has a family member whose application for international protection in a Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection, provided that the persons concerned have expressed their desire to that effect in […]

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Procedures Regulation:
Article 27 – Registering applications for international protection

1. Without prejudice to the obligations to collect and transmit data in accordance with Article 15(1) , the authorities competent for registering applications, the authorities of another Member State referred to in Article 5(1), point (b) of this Regulation or the experts deployed by the Asylum Agency which assist them with that task shall register […]

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Resettlement and Humanitarian Admission Regulation:
Recital 15

The admission of family members of third-country nationals or stateless persons who are legally residing in a Member State, or of Union citizens, should be without prejudice to the rights laid down in Council (4), of the European Parliament and of the Council (5) or to national law concerning family reunification. Such admission should therefore […]

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AMMR:
Article 28 – Family procedure

Where applications for international protection by several family members or minor unmarried siblings are registered in the same Member State simultaneously or on dates close enough for the procedures for determining the Member State responsible to be conducted together, and where the application of the criteria set out in this Regulation would lead to those […]

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Procedures Regulation:
Article 44 – Decisions in the framework of the asylum border procedure

1. Where a border procedure is applied, decisions may be taken on the following: (a) the inadmissibility of an application in accordance with Article 38; (b) the merits of an application where any of the circumstances referred to in Article 42(1), points (a) to (g) and (j), and Article 42(3), point (b), apply. 2. Where […]

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Resettlement and Humanitarian Admission Regulation:
Recital 16

In order to ensure family unity, all family members in relation to whom a Member State intends to conduct an admission procedure, who are eligible and who do not fall under the grounds for refusal should, as a rule and to the extent possible, be admitted together. Should this not be possible, family members not […]

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AMMR:
Article 34 – Dependent persons

1. Where, on account of pregnancy, having a new-born child, serious mental or physical illness, severe disability, severe psychological trauma or old age, an applicant is dependent on the assistance of his or her child, sibling or parent legally resident in one of the Member States, or his or her child, sibling or parent legally […]

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Procedures Regulation:
Article 45 – Mandatory application of the asylum border procedure

1. A Member State shall examine an application in a border procedure in the cases referred to in Article 43(1) where any of the circumstances referred to in Article 42(1), point (c), (f) or (j), apply. 2. Where the circumstances referred to in Article 42(1), point (f), apply and without prejudice to Article 54, Member […]

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Resettlement and Humanitarian Admission Regulation:
Recital 17

Member States should be able to choose in relation to whom to conduct an admission procedure, including on the basis of considerations relating to family composition. When making that choice, Member States should respect the principle of family unity. Member States should be able to require third-country nationals or stateless persons to demonstrate the existence […]

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AMMR:
Article 35 – Discretionary clauses

1. By way of derogation from Article 16(1), a Member State may decide to examine an application for international protection by a third-country national or a stateless person registered with it, even if such examination is not its responsibility according to the criteria laid down in this Regulation. 2. The Member State in which an […]

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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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