2. Dublin 2.1. General Dublin statistics: 1 January – 31 December 2022 National data regarding requests in the Dublin procedure since 2021 are not available at the time of publication of the report. Outgoing procedure Incoming procedure Requests Transfers Requests Transfers Total 2,030 1,037 Total 8,737 0 Germany 458 218 Germany 6,079 0 Italy 390 148 Croatia 1,268 0 Switzerland 251 324 Belgium 445 0 France 215 70 Italy 374 0 Portugal 188 21 Sweden 144 0 Source: Eurostat Outgoing Dublin requests: 2016 - 2021 Year 2016 2017 2018 2019 2020 2021 Number 4,886 9,784 5,211 5,459 7,014 n/a During 2022, there were 1,077 outgoing transfers implemented under the Dublin procedure. There has been no other data available in relation to the numbers and types of requests, for 2022 or 2021 as of the publication of this report. During 2022, as in previous years, there were specificities in the handling of cases, based on the Member State the outgoing request is addressed to. Specifically, the Greek Dublin Unit provides all take charge requests within the three-month time limit as detailed in the Regulation. The time period starts from the moment an application for international protection is officially registered before the Asylum Service. However, the German authorities, following the ruling of the CJEU in Mengesteab on 26 July 2017334 consider that the three-month time limit for sending a request to another country starts when the intention to apply for asylum is expressed; formal registration of the application with the Asylum Service is not required. To avoid rejection letters based on this argument, the Greek Dublin Unit tries to send the take charge requests within three-months from the expression of the intention to apply for asylum. Regarding family reunification cases, if the Greek Dublin Unit is not informed within three months following the expression of the intention to apply for asylum, but is informed within three months from the registration of the asylum application, it sends the take charge request to the German authorities under the nondiscretionary Articles (8, 9, 10), this request will meet the time limit set out in the Regulation. Furthermore, the interpretation of the CJEU judgment in the Joined Cases C-47/17 and C-48/17335 by some of the Member States has resulted in rejections of requests. Following this judgment, the German Dublin Unit accepts only one re-examination request for each case and refuses to keep cases open even when further medical tests for the establishment of the family link are pending. The German Dublin Unit claims that there is no possibility to deviate from the deadlines of the Dublin III Regulation. The 334 335 CJEU, C-670/16, Tsegezab Mengesteab v Bundesrepublik Deutschland, Judgment of 26 July 2017, available at: https://bit.ly/3MXWEuK. CJEU, Joined Cases C-47/17 and C-48/17, X v. Staatssecretaris van Veiligheid en Justitie, Request for a preliminary ruling, Judgment of 13 November 2018, available at: https://bit.ly/2KpcqiA. 72

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