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, some Member States’ interpretation of the CJEU judgment in the Joined Cases C-47/17
and C-48/17431 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 Netherlands, France,
Sweden and the United Kingdom are among the Member States which have also followed the same
practice rejecting cases on this ground.
According to GCR’s knowledge, the German authorities continue to implement this judgment. NGOs noted
that, during 2022, Swedish authorities also rejected cases on this ground.
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 periodds of time which exceeded the two-week time frame mentioned in the CJEU judgment but
were eventually answered following reminders by the Greek authorities.
Re-examination requests addressed to the French authorities remained unanswered for months, or even
years. Based on GCR’s knowledge, there was no response to re-examination requests made in 2017,
despite the efforts made by both the Greek authorities and NGOs. These cases are eventually examined
on an ad hoc basis.
According to NGOs, during 2022 France and Sweden failed to reply to several re-examination requests
within the time limit.432
2.1.1. Application of the Dublin criteria
To the knowledge of GCR, most outgoing requests of previous years 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 seeker’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).
431
432
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.
Information provided by The HOME Project (web page: https://bit.ly/420Utwa) and European Expression (web
page: https://bit.ly/42ZtKkX)
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