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Tag: Member State Responsible

The Member State responsible for examining an application for international protection based on the hierarchy of criteria defined in the AMMR.

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 […]

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Eurodac Regulation:
Article 16 – Information on the status of the data subject

1. As soon as the Member State responsible has been determined in accordance with , the Member State that conducts the procedures for determining the Member State responsible shall update its dataset recorded in accordance with Article 17 of this Regulation regarding the person concerned by adding the Member State responsible. Where a Member State […]

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Procedures Regulation:
Article 29 – Documents provided to the applicant

1. The competent authorities of the Member State where an application for international protection is made shall, upon registration of the application, provide the applicant with a document in his or her own name indicating that an application has been made and registered. That document shall be valid until the document referred to in paragraph […]

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Reception Directive:
Article 23 – Reduction or withdrawal of material reception conditions

1. With regard to applicants who are required to be present on their territory in accordance with Article 17(4) of , Member States may reduce or withdraw the daily expenses allowance. If duly justified and proportionate, Member States may also: (a) reduce other material reception conditions, or (b) where paragraph 2, point (e), applies, withdraw […]

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AMMR:
Recital 56

Considering that a Member State should remain responsible for a person who has irregularly entered its territory, it is also necessary to provide for the situation where the person enters the territory following a search and rescue operation. A derogation from the responsibility criterion should be laid down for the situation where a Member State […]

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AMMR:
Article 38 – Start of the procedure

1. The Member State where an application for international protection is first registered pursuant to or, where applicable, the Member State of relocation shall start the procedure for determining the Member State responsible without delay. 2. If the applicant absconds, the Member State where an application is first registered or, where applicable, the Member State […]

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Eurodac Regulation:
Article 17 – Recording of data

1. Only the following data shall be recorded in Eurodac in accordance with Article 3(2): (a) fingerprint data; (b) a facial image; (c) surname(s) and forename(s), name(s) at birth and previously used names and any aliases, which may be entered separately; (d) nationality(ies); (e) date of birth; (f) place of birth; (g) Member State of […]

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Procedures Regulation:
Article 35 – Duration of the examination procedure

1. The examination to determine whether an application is inadmissible in accordance with Article 38 (1), points (a), (b), (c) and (d), and Article 38(2) shall be concluded as soon as possible and no later than two months from the date on which the application is lodged. In the case referred to in Article 38(1), […]

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AMMR:
Recital 59

In order to limit the possibility that the behaviour of applicants could lead to the cessation or shift of responsibility to another Member State, the time limits leading to cessation or the shift of responsibility where the person concerned leaves the territory of the Member States during the examination of the application or absconds to […]

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AMMR:
Article 39 – Submitting a take charge request

1. If the Member State referred to in Article 38(1) considers that another Member State is responsible for examining the application, it shall, immediately and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant. Member States shall prioritise […]

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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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