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Means
of Proof
This material was prepared in association
with GEA2000. It is NOT legal advice. It is provided for general
information only. You should make every effort to speak directly
with a lawyer BEFORE taking any
action.
Issue
Direct (Probative) Evidence
Circumstantial (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
