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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.

Eurodac Regulation:
Article 31 – Marking of data

1. For the purposes laid down in Article 1(1), point (a), the Member State of origin which granted international protection to a person whose data were previously recorded in Eurodac pursuant to Article 17 shall mark the relevant data in accordance with the requirements for electronic communication with Eurodac established by . That mark shall […]

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Procedures Regulation:
Article 38 – Decision on the admissibility of the application

1. The determining authority may assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and may be authorised under national law to reject an application as inadmissible where any of the following grounds applies: (a) a country which is not a Member State is considered […]

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AMMR:
Recital 60

A personal interview with the applicant should be organised in order to facilitate the determination of the Member State responsible for examining an application for international protection unless the applicant has absconded, has not attended the interview without justified reasons or the information provided by the applicant is sufficient for determining the Member State responsible. […]

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AMMR:
Article 40 – Replying to a take charge request

1. The requested Member State shall carry out the necessary checks, and shall reply to the request to take charge of an applicant without delay and in any event within one month of receipt of the request. Member States shall prioritise requests made on the basis of Articles 25 to 28 and 34. To that […]

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Procedures Regulation:
Recital 3

The Common European Asylum System (CEAS) is based on common standards for asylum procedures, recognition and protection offered at Union level and reception conditions and establishes a system for determining the Member State responsible for examining an application for international protection. Notwithstanding the progress that has been made in the development of the , there […]

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Procedures Regulation:
Article 39 – Decision on the merits of an application

1. An application shall not be examined on the merits where: (a) another Member State is responsible in accordance with ; (b) an application is rejected as inadmissible in accordance with Article 38 or; (c) an application is explicitly or implicitly withdrawn, without prejudice to Article 40(4) and Article 41(5). 2. When examining an application […]

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AMMR:
Recital 63

In order to facilitate the smooth application of this Regulation, Member States should in all cases indicate the Member State responsible in Eurodac after having concluded the procedures for determining the Member State responsible, including in cases where the responsibility results from the failure to respect the time limits for sending or replying to take […]

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AMMR:
Article 52 – Competent authorities and resources

1. Each Member State shall notify the Commission without delay of the competent authorities responsible for fulfilling the obligations under this Regulation, and any amendments thereto. Member States shall ensure that those authorities have the necessary human, material and financial resources for carrying out their tasks relating to the application of the procedures for determining […]

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Procedures Regulation:
Recital 4

In its communication of 6 April 2016‘Towards a Reform of the Common European Asylum System and Enhancing Legal Avenues to Europe’, the Commission set out priority areas where the should be structurally improved, namely the establishment of a sustainable and fair system for determining the Member State responsible for examining an application for international protection, […]

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Procedures Regulation:
Article 43 – Conditions for applying the asylum border procedure

1. Following the screening carried out in accordance with , where applicable and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may, in accordance with the basic principles and guarantees of Chapter II, examine an application in a border procedure where that application has been made […]

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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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