In general, an extension is requested if a DNA procedure is pending and not expected to be completed
within the two-week timeframe. This request is accepted by almost all the Member States, apart from
Germany, which might reject a re-examination request on the basis that the results proving the family link
were not submitted in due time.
Regarding unanswered re-examination requests, the Greek Dublin Unit tries to address reminders to seek
an official reply. Unanswered cases are eventually referred to the regular procedure.
Re-examination requests for several cases addressed to the German Dublin Unit remained unanswered
long periods of time which exceeded the two-week time frame mentioned in the CJEU judgment but were
eventually answered following reminders by the Greek authorities.
Αccording to information received by national NGOs, French authorities replied within the time limit during
2024 and there was no issue of unanswered requests during 2024.
2.1.1. Application of the Dublin criteria
To the knowledge of GCR, in 2024 as in previous years most outgoing requests took place in the context
of family reunification, i.e., application of the family unity criteria. For a “take charge” request to be
addressed to the Member State where a family member or a relative resides, the written consent of the
family member is required, as well as documents proving the legal status in the receiving country (e.g.,
residence permit, asylum applicant’s card or other documents certifying the submission of an asylum
application) and documentation relating to evidence of the family link (e.g., certificate of marriage, civil
status, passport, ID).
For cases of unaccompanied minors, the written consent of the guardian is required. Based on GCR’s
experience, an outgoing request will not be sent until the written consent of the relative and the documents
proving their legal status in the other Member State is submitted to the Greek Dublin Unit.
On the other hand, inability to provide documents proving the family relationship between the applicant
and the family member to the requested Member State is not a sufficient reason for the request not to be
sent and/or received. In such cases, the availability of circumstantial evidence is assessed (e.g.,
photographs of the applicant and the sponsor, statement of the sponsor describing her/his relationship
with the applicant, transcript of the sponsor’s interview before the authorities of the requested Member
State, in which the details of the applicant are mentioned). These cases, though, have little chances to be
accepted according to the Greek Dublin Unit.
Family unity is the main way for applicants to enter another Member State safely and legally. However,
restrictive practices of requested states such as requirements for official translations of documents proving
family links, sometimes unnecessary DNA tests to prove the applicant’s family ties, age assessments of
unaccompanied children to be conducted according to the requested State’s methods, often result in the
rejection of the ‘take charge’ requests.
Apart from the general criteria applied to every case falling under the Dublin III Regulation, nuances have
been observed on the way the family unity criteria are applied by different Member States. Germany, for
example, refused the responsibility for applicants who could not prove their relationship with the person
they wished to be reunited with, while other countries were taking into consideration circumstantial
evidence and may have conducted interviews with the family members/ relatives.
However, in 2022, according to NGOs, Germany accepted circumstantial evidence while France did not.
Italy is reportedly more flexible than other Member States on that issue. Furthermore, only documents in
English or the official language of the requested Member State are considered by the Dublin Units of
some of the Member States. GCR could not obtain similar information as to the application of the family
unity criteria in other Member States in 2023. Based on GCR’s observations, in 2024 in some cases
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