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Tag: Transfer

The implementation of a decision taken pursuant to Article 42 regarding the determination of the Member State responsible. [defined in Article 2 of the AMMR]

Crisis and Force Majeure Regulation:
Recital 52

In order to ensure effective access to the procedure for granting international protection, where the transfer does not take place due to the persistence of the situation of crisis characterised by mass arrivals or force majeure, or where the transferring Member State does not implement the transfer when the applicant is available to the competent […]

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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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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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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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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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AMMR:
Article 2 – Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5), of of the […]

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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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AMMR:
Article 42 – Notification of a transfer decision

1. The determining Member State whose take charge request as regards the applicant referred to in Article 36(1), point (a), has been accepted or that made a take back notification as regards persons referred to in Article 36(1), point (b) and (c), shall take a transfer decision within two weeks of the acceptance or confirmation. […]

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Reception Directive:
Recital 9

Where an applicant is present in a Member State other than the one in which he or she is required to be present in accordance with of the European Parliament and of the Council (8), the applicant should not be entitled to material reception conditions, access to the labour market, language courses or vocational training […]

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AMMR:
Article 43 – Remedies

1. The applicant or another person as referred to in Article 36(1), points (b) and (c), shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision before a court or tribunal. The scope of such remedy shall be limited […]

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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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