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L 222/14

EN

Official Journal of the European Union

ANNEX II

(References are to Articles of Council Regulation (EC) No 343/2003)

LIST A

MEANS OF PROOF

  • I.

    Process of determining the State responsible for examining an application for asylum

    • 1.

      Presence of a family member (father, mother, guardian) of an asylum applicant who is an unaccompanied minor (Article 6)

Probative evidence

    • 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.

  • 2.

    Legal residence in a Member State of a family member recognised as having refugee status (Article 7) Probative evidence

    • 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.

  • 3.

    Presence of a family member applying for asylum whose application has not yet been the subject of a first deci- sion regarding the substance in a Member State (Article 8) Probative evidence

    • 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.

  • 4.

    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)) Probative evidence

    • 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.

  • 5.

    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))

Probative evidence

    • 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.

  • 6.

    Legal entry into the territory at an external frontier (Article 11) Probative evidence

    • 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.

5.9.2003

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