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Tag: Take Charge Request

A request sent by one Member State to another to take responsibility for an applicant based on the AMMR criteria.

AMMR:
Recital 54

The rules on evidence should allow for a swifter family reunification than under Regulation (EU) No 604/2013. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application […]

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AMMR:
Recital 75

The application of this Regulation can be facilitated, and its effectiveness increased, by bilateral arrangements between Member States for improving communication between competent departments, reducing time limits for procedures or simplifying the processing of take charge requests or take back notifications, or by establishing procedures for the performance of transfers and in order to carry […]

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AMMR:
Article 22 – Personal interview

1. In order to facilitate the procedure for determining the Member State responsible, the competent authorities of the determining Member State referred to in Article 38(1) shall conduct a personal interview with the applicant for the purpose of applying Article 39. The interview shall also enable the applicant to properly understand the information received in […]

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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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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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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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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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Crisis and Force Majeure Regulation:
Recital 51

Specific rules should be laid down for situations of crisis characterised by mass arrivals and for force majeure, to allow Member States to extend the time limits set out in under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply simultaneously to the […]

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Crisis and Force Majeure Regulation:
Article 8 – Solidarity and support measures in a situation of crisis

1. A Member State facing a situation of crisis may request the following types of contributions in the reasoned request referred to in Article 2: (a) relocations, to be conducted following the procedures set out in Articles 67 and 68 of : (i) of applicants for international protection; (ii) where bilaterally agreed by the contributing […]

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Crisis and Force Majeure Regulation:
Article 12 – Extension of time limits set out for take charge requests, take back notifications and transfers in a situation of crisis referred to in Article 1(4), point (a), or force majeure

1. In a situation of crisis as referred to in Article 1(4), point (a), or force majeure which renders it impossible for a Member State facing such a situation to comply with the time limits set out in Articles 39, 40, 41 and 46 of or to receive persons for whom it is responsible pursuant […]

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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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