Key criteria for determining responsibility within the Dublin framework
Family and unaccompanied minors
The Dublin Regulations emphasise the importance of protecting unaccompanied minor asylum seekers and family unity. If, for instance, close relatives become separated from each other during the flight from their home country and lodge asylum applications with different Member States, the regulations enable national authorities to reunify the family in one Member State and to conduct one joint asylum procedure for the whole family. Moreover, if the asylum seeker has family members who have previously lodged an application with another Member State, or who have been allowed to reside as permanent residents or as recognized refugees in a Member State, that Member State can take responsibility.
Visas and residence permits
When a Member State issues a visa to an asylum seeker, this Member State is generally responsible for examining the asylum seeker’s application.
Unauthorized entrance and unauthorized stay
When an asylum seeker enters the Member States’ territory without possessing a visa or residence document enabling him or her to enter the territory, the Member State of an asylum seeker’s first entrance is responsible for examining the asylum application. The same rule applies to asylum seekers who have remained unauthorized in one Member State, before lodging an application for asylum in another Member State.
Consecutive asylum procedures
When an asylum seeker applies for asylum in a first Member State, leaves the country for a second Member State and lodges a further asylum application, the first Member State is, in general, responsible for examining the application.
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