example, refused to responsibility for applicants who couldn’t 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.
According to the information by the Greek Dublin Unit, Afghan identification documents and documents
provided by other nationals, such as Somali nationals, are not considered by Germany’s BAMF as viable
evidence to prove the family link, given that they could easily be forged. According to NGOs, in 2022
Germany and Sweden doubted the authenticity of Somali identification documents and asked for a DNA
test.
Most of the Member States, consider the requirement of the DNA test to be the last resort, while other,
such as Spain and Ireland request a DNA test regardless of the submission of identification documents.
German Authorities have also rejected cases due to lack of DNA test results regardless of submission of
identification documents and circumstantial evidence. Sweden and the Netherlands, requested for DNA
results proving the kinship, especially regarding applications of other than art 9 and 10.
Since 2017, Dublin Units have increasingly refused requests in cases of subsequent separation of family
members who entered Greece and applied for asylum prior to departure to another Member State on the
basis that the family separation was ‘self-inflicted’ and was contrary to the best interests of the child. The
Greek Authorities have partially adopted this reasoning.
According to a circular of the Asylum Service of 1/2020 such requests should not be sent, and the cases
should be referred to the regular procedure. The same would apply in cases where minors were
subsequently separated from their family and travelled to another Member State. The only exception is
when another Member State specifically asks for a take charge request.
In any case, an assessment of each case always precedes the referral to the regular procedure. Based
on GCR’s experience, such requests have been accepted by the authorities of Sweden, Switzerland and
Luxembourg while German Authorities rejected them arguing that the family was together at the time the
application for international protection was lodged (Article 7 par. 2 of the Regulation EU 604/2013) and
that the humanitarian grounds of Article 17 (2) do not apply. They also sometimes argue that further
consideration of such cases would undermine the meaning of the Dublin III Regulation, which is to ‘prevent
secondary movement’.
However, in two cases dealt with in 2022, Germany accepted a “humanitarian clause” request for the
reunification of parents with their two daughters in Germany, one of whom had arrived there after
submission of the asylum application in Greece 337 as well the reunification of two brothers in a case of a
subsequent separation338. In contrast, Belgium rejected a request based on Article 17(2) of the Regulation
regarding a family with a minor son, on the basis that the mother’s departure from Greece after the family’s
application had been submitted was not in the best interests of her child.339
It is also difficult to establish a family relationship in cases of marriages by proxy, as they may not be
recognised by the receiving state’s domestic law. GCR is aware of at least one case of family reunification
that was rejected by the German Authorities, because the applicant’s spouse was already present in the
requested Member State’s territory when the marriage ceremony took place.
337
338
339
Information provided by the RSA.
Information provided by European Expression.
Information provided by the RSA.
74
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