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L 222/16

EN

Official Journal of the European Union

  • 3.

    Departure from the territory of the Member States (Article 4(5), Article 16(3)) Probative evidence

    • 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.

  • 4.

    Expulsion from the territory of the Member States (Article 16(4)) Probative evidence

    • written proof from the authorities that the alien has actually been expelled,

    • exit stamp,

    • confirmation of the information regarding expulsion by the third country.

LIST B

CIRCUMSTANTIAL EVIDENCE

  • 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)

Indicative evidence (1)

    • verifiable information from the asylum applicant,

    • statements by the family members concerned,

    • reports/confirmation of the information by an international organisation, such as UNHCR.

  • 2.

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

    • verifiable information from the asylum applicant,

    • reports/confirmation of the information by an international organisation, such as UNHCR.

  • 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) Indicative evidence

    • verifiable information from the asylum applicant,

    • reports/confirmation of the information by an international organisation, such as UNHCR.

  • 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)) Indicative evidence

    • 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.

  • 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))

Indicative evidence

    • 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.

  • (1)

    This indicative evidence must always be followed by an item of probative evidence as defined in list A.

5.9.2003

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