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5.9.2003

EN

Official Journal of the European Union

  • 7.

    Illegal entry at an external frontier (Article 10(1)) Probative evidence

    • 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.

  • 8.

    Residence in a Member State for at least five months (Article 10(2)) Probative evidence

    • 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.

  • 9.

    Departure from the territory of the Member States (Article 16(3)) Probative evidence

    • 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.

  • II.

    Obligation on the Member State responsible for examining the application for asylum to readmit or take back the asylum-seeker

    • 1.

      Process of determining the Member State responsible is under way in the Member State where the asylum applica- tion was lodged (Article 4(5))

Probative evidence

  • 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.

  • 2.

    Application for asylum is under examination or was lodged previously (Article 16(1)(c)(d) and (e)) Probative evidence

    • 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.

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