| Issue |
Direct (Probative) Evidence |
Circumstanial (Indicative) Evidence
(to be followed by Direct evidence) |
| I. Process of determining the State responsible for examining an application
for asylum |
| Presence of a family member (father, mother, guardian) of an asylum applicant
who is an unaccompanied minor (Article 6) |
- written confirmation of the information by the other Member State,
- extracts from registers,
- residence permits issued to the family member,
- evidence that the persons are related, if available,
- failing this, and if necessary, a DNA or blood test. |
- verifiable information from the asylum applicant,
- statements by the family members concerned,
- reports/confirmation of the information by an international organisation, such
as UNHCR. |
| Legal residence in a Member State of a family member recognised as having
refugee status (Article 7) |
- written confirmation of the information by the other Member State,
- extracts from registers,
- residence permits issued to the individual with refugee status,
- evidence that the persons are related, if available,
- consent of the persons concerned.
|
- verifiable information from the asylum applicant,
- reports/confirmation of the information by an international organisation, such
as UNHCR. |
| Presence of a family member applying for asylum whose application has
not yet been the subject of a first decision regarding the substance in a
Member
State (Article 8) |
- written confirmation of the information by the other Member State,
- extracts from registers,
- temporary residence authorisations issued to the individual while the asylum
application is being examined,
- evidence that the persons are related, if available,
- failing this, if necessary, a DNA or blood test,
- consent of the persons concerned.
|
- verifiable information from the asylum applicant,
- reports/confirmation of the information by an international organisation, such
as UNHCR. |
| Valid residence documents (Article 9(1) and (3)) or residence documents
which expired less than two years previously (and date of entry into force)
(Article 9(4)) |
- residence document,
- extracts from the register of aliens or similar registers,
- reports/confirmation of the information by the Member State which issued
the residence document.
|
- detailed and verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by the Member State which did not
issue the residence permit,
- reports/confirmation of the information by family members, travelling companions,
etc. |
Valid visas (Article 9(2) and(3)) and visas which expired less than six
months previously (and date of entry into force) (Article 9(4))
|
- visa issued (valid or expired, as appropriate),
- extracts from the register of aliens or similar registers,
- reports/confirmation of the information by the Member State which issued
the visa.
|
- detailed and verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by the Member State which did not
issue the residence permit,
- reports/confirmation of the information by family members, travelling companions,
etc. |
Legal entry into the territory at an external frontier (Article 11)
|
- entry stamp in a passport,
- exit stamp from a country bordering on a Member State, bearing in mind the
route taken by the asylum-seeker and the date the frontier was crossed,
- tickets conclusively establishing entry at an external frontier,
- entry stamp or similar endorsement in passport.
|
- detailed and verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by another Member State or third
country,
- reports/confirmation of the information by family members, travelling companions,
etc.
- fingerprints, except in cases where the authorities decided to take fingerprints
when the alien crossed the external frontier. In such cases, they constitute
probative evidence as defined in list A,
- tickets,
- hotel bills,
- entry cards for public or private institutions in the Member States,
- appointment cards for doctors, dentists, etc.,
- information showing that the asylum applicant has used the services of a
travel agency,
- other circumstantial evidence of the same kind |
Illegal entry at an external frontier (Article 10(1))
|
- positive match by Eurodac from a comparison of the fingerprints of the applicant
with fingerprints taken pursuant to Article 8 of the "Eurodac" Regulation,
- entry stamp in a forged or falsified passport,
- exit stamp from a country bordering on a Member State, bearing in mind the
route taken by the asylum-seeker and the date the frontier was crossed,
- tickets conclusively establishing entry at an external frontier,
- entry stamp or similar endorsement in passport
|
- detailed and verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by another Member State or third
country,
- reports/confirmation of the information by family members, travelling companions,
etc.,
- fingerprints, except in cases where the authorities decided to take fingerprints
when the alien crossed the external frontier. In such cases, they constitute
probative evidence as defined in list A,
- tickets,
- hotel bills,
- entry cards for public or private institutions in the Member States,
- appointment cards for doctors, dentists, etc.,
- information showing that the asylum applicant has used the services of a
courier or a travel agency,
- other circumstantial evidence of the same kind.
|
Residence in a Member State for at least five months (Article 10(2))
|
- residence authorisations issued while the application for a residence permit
is being examined,
- requests to leave the territory or expulsion order issued on dates at least
five months apart or that have not been enforced,
- extracts from the records of hospitals, prisons, detention centres.
|
- detailed and verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by a non-governmental organisation,
such as an organisation providing accommodation for those in need,
- reports/confirmation of the information by family members, travelling companions,
etc.,
- fingerprints,
- tickets,
- hotel bills,
- entry cards for public or private institutions in the Member States,
- appointment cards for doctors, dentists, etc.,
- information showing that the asylum applicant has used the services of a
courier or a travel agency,
- other circumstantial evidence of the same kind |
| Departure from the territory of the Member States (Article 16(3)) |
- exit stamp,
- extracts from third-country registers (substantiating residence),
- tickets conclusively establishing departure from or entry at an external
frontier,
- report/confirmation by the Member State from which the asylum-seeker left
the territory of the Member States,
- stamp of third country bordering on a Member State, bearing in mind the route
taken by the asylum-seeker and the date the frontier was crossed.
|
- detailed and verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by another Member State,
- re Article 3(7) and Article 10(3): exit stamp where the asylum applicant
concerned has left the territory of the Member States for a period of at
least three months,
- reports/confirmation of the information by family members, travelling companions,
etc.,
- fingerprints, except in cases where the authorities decided to take fingerprints
when the alien crossed the external frontier. In such cases, they constitute
probative evidence as defined in list A,
- tickets,
- hotel bills,
- appointment cards for doctors, dentists, etc. in a third country,
- information showing that the asylum applicant has used the services of
a courier or a travel agency,
- other circumstantial evidence of the same kind |
| II. Obligation on the Member State responsible for examining the application
for asylum to readmit or take back the asylum-seeker |
| Process of determining the Member State responsible is under way in the
Member State where the asylum application was lodged (Article 4(5)) |
- positive match by Eurodac from a comparison of the fingerprints of the applicant
with fingerprints taken pursuant to Article 4 of the "Eurodac" Regulation,
- form submitted by the asylum-seeker,
- official report drawn up by the authorities,
- fingerprints taken in connection with an asylum application,
- extracts from relevant registers and files,
- written report by the authorities attesting that an application has been
made.
|
- verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by family members, travelling companions,
etc.,
- reports/confirmation of the information by another Member State |
Application for asylum is under examination or was lodged previously
(Article 16(1)(c)(d) and (e))
|
- positive match by Eurodac from a comparison of the fingerprints of the applicant
with fingerprints taken pursuant to Article 4 of the "Eurodac" Regulation,
- form submitted by the asylum-seeker,
- official report drawn up by the authorities,
- fingerprints taken in connection with an asylum application,
- extracts from relevant registers and files,
- written report by the authorities attesting that an application has been
made.
|
- verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by another Member State |
Departure from the territory of the Member States (Article 4(5), Article
16(3))
|
- exit stamp,
- extracts from third-country registers (substantiating residence),
- exit stamp from a third country bordering on a Member State, bearing in mind
the route taken by the asylum-seeker and the date on which the frontier was
crossed,
- written proof from the authorities that the alien has actually been expelled |
- detailed and verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- reports/confirmation of the information by another Member State,
- exit stamp where the asylum applicant concerned has left the territory
of the Member States for a period of at least three months,
- reports/confirmation of the information by family members, travelling companions,
etc.,
- fingerprints, except in cases where the authorities decided to take fingerprints
when the alien crossed the external frontier. In such cases, they constitute
probative evidence as defined in list A,
- tickets,
- hotel bills,
- appointment cards for doctors, dentists, etc. in a third country,
- information showing that the asylum applicant has used the services of
a courier or a travel agency,
- other circumstantial evidence of the same kind |
Expulsion from the territory of the Member States (Article 16(4))
|
- written proof from the authorities that the alien has actually been expelled,
- exit stamp,
- confirmation of the information regarding expulsion by the third country |
- verifiable statements by the asylum applicant,
- reports/confirmation of the information by an international organisation,
such as UNHCR,
- exit stamp where the asylum applicant concerned has left the territory of
the Member States for a period of at least three months,
- reports/confirmation of the information by family members, travelling companions,
etc.,
- fingerprints, except in cases where the authorities decided to take fingerprints
when the alien crossed the external frontier. In such cases, they constitute
probative evidence as defined in list A,
- tickets,
- hotel bills,
- appointment cards for doctors, dentists, etc.,
- information showing that the asylum applicant has used the services of a
courier or a travel agency,
- other circumstantial evidence of the same kind |
|
