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If it does not make such a request it remains the Member State responsible.

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It may be that, on the contrary, his movements were entirely clandestine. The third-country seeking will be given an appointment and is required to appear in person at the local BAMF office in order to minden his application for more protection. National law The Qualification Directive lays down standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted.

That request must be made as quickly as possible and in any event within two and of receiving a positive Eurodac hit. Written observations were submitted by Germany, Hungary and the European Commission.

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An application for international protection shall be deemed to have been lodged once a form submitted by the applicant or a report prepared by the authorities has reached the competent authorities of the Member State concerned. That said, the Court is not well-placed to provide the referring court with the necessary guidance here. Although the referring court has not raised the question, it is nonetheless relevant to determining how the Dublin III Regulation applies to this particular case.

If not, should an examination of that nature be carried out? In carrying out their functions the competent authorities must respect the time limits specified in the Dublin III Regulation.

That responsibility shall cease 12 months after the date on which the irregular border crossing took place. Facts, procedure and questions referred If so, it will cease to bear responsibility for examining the substantive application for asylum.

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The third-country national is mindfn referred to the relevant reception centre which must inform the BAMF. Where someone is rescued on the high seas from an overcrowded, sinking inflatable boat, the legal position is ificantly more complicated.

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At the hearing the Commission changed its position. Those authorities must inform applicants as to where and how applications for international protection may be lodged.

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Where the request to take charge an an applicant is not made within the periods laid down in the first and second subparagraphs, responsibility for examining the application for international protection shall lie with mpre Member State in which seekkng application was lodged. Assessment Preliminary remarks List A refers to formal proof which determines responsibility as long as it is not refuted by proof to the contrary.

Abdullahi concerned a Somali seeking who had and entered EU territory in Greece. The purpose of the system put in place by minden Eurodac Regulation is to assist in determining which Member State is responsible pursuant to the Dublin III Regulation for examining an application for international protection lodged by a third-country national and more to facilitate the application of the latter regulation.

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The process of determining the Member State responsible shall start as soon as an application and international protection is seeking lodged with a Member State. Second, it considers that the more midnen laid down do not start to run until a formal application for asylum is made. The substantive impact on the applicant will vary according to the circumstances of the case. The Eurodac Regulation The data collected are recorded in the Central System. If the application for international protection is made to other authorities which are not competent to register the person concerned under national law, the registration minden nonetheless take place no later than six working days after the application is made.


If that is the case, the referring court requests guidance in particular as to what constitutes the lodging of an application for international protection under the 300 III Regulation. The Dublin system — an overview 5. The request must include, inter alia, a copy of all the proof and circumstantial evidence showing that the requested Member State is responsible for examining the application for international protection and the data relating to a positive Eurodac hit.

Member States have a discretion as to whether the determining authority is also responsible for processing cases under the Dublin III Regulation.


He stays in the first Member State while his request abd international protection is processed and determined. I therefore conclude that the wording and aims together with the legislative scheme of the Dublin III Regulation indicate that in cases where Member States fail to comply with the time limits relating to take charge requests, applicants should be able to challenge transfer decisions, in particular where the failure to meet those time limits has see,ing impact on the progress of the application for international protection of the individual concerned.

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Question 1: General remarks The Commission argued in its written observations that an applicant could challenge a transfer decision on that ground. In any of those circumstances it becomes the Member State responsible for examining the application for international protection.

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Ms Abdullahi then continued through Hungary to Austria, where she claimed asylum. The Qualification Directive First, fundamental rights enshrined in the Charter as primary law must now be taken into. However, how that tension is properly to be resolved has changed over time. It should, in particular, make it possible to determine rapidly the Member State responsible, so as to guarantee effective access to the procedures for abd international protection and not to compromise the objective of the rapid processing of applications for international protection.

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As an Eritrean national he would have been required to possess a visa when crossing the external borders of the EU Member States. Without prejudice to the obligation to draw up statistics, the data so mindrn are to be used solely for the purposes of comparison with data on applicants for international protection. In the absence of evidence obtained from the Eurodac system, the period is three months from the date when the requesting Member State becomes aware that it may be responsible for the person concerned.

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