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.
According to information provided 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. GCR could not obtain similar information for 2023.
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 on grounds other than Article 9 and 10 Dublin
III Regulation.
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 from January 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
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