responsible Member State will be the “Member State in which that minor is
present.”314
If an asylum seeker has a family member who is a refugee in a member state,
the asylum seeker will have their claim evaluated by that state if the persons
concerned so desire.315
If an asylum seeker has a family member whose application has not yet been
decided upon in the first instance in a member state, the asylum seeker will
have their claim evaluated by that state if the persons concerned so desire.316
If a number of family members simultaneously submit applications for
asylum, the responsible Member state should consider their applications
together.317
Dependents will be kept with their providers, so long as these individuals
are able to care for dependent persons, and express this wish in writing.318
In cases involving dependency, the responsible member state is the one
where the provider is a resident, unless the dependent is too ill to move.319
Residence Permits and Visas.
If an asylum seeker has a valid residence document, the member state that
issued the document will evaluate his or her claim.320
If an asylum seeker has a valid visa, the member state that issued the visa
will evaluate his or her claim. However, if the visa was issued while acting
for or on the authorization of another member state, then the member state
on whose authority the visa was conferred will evaluate the claim.321
If an asylum seeker has multiple valid residence documents or visas, then
responsibility for evaluating the claim will fall to member states in the
following order:
- The member state that issued the residence document with the longest
period of residency. If the periods of residency are equal, then the
member state that issued the document with the latest expiration date.
- The member state that issued the visa with the latest expiration date, if
the visas are of the same type.
- The member state that issued the visa with the longest period of validity
if the visas are of different types. If the periods of validity are equal, then
the member state that issued the visa with the latest expiration date.322
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314
Court of Justice of the European Union, “Case C-648/11,” 2013, para. 66, http://curia.europa.eu/
juris/document/document.jsf;jsessionid=9ea7d0f130d5e41a6dbe80144323bfade42a3870807b.
e34KaxiLc3eQc40LaxqMbN4OaxmPe0?text=&docid=138088&pageIndex=0&doclang=EN&mode=l
st&dir=&occ=first&part=1&cid=22978.
315
Council of the European Union, “Regulation (EU) No 604/2013,” chap. 3, Article 9.
316
Ibid., Article 10.
317
Ibid., Article 11.
318
Ibid., chap. 4, Article 16(1).
319
Ibid., Article 16(2).
320
Ibid., chap. 3, Article 12(1).
321
Ibid., Article 12(2).
322
Ibid., Article 12(3).
The 1951 Refugee Convention and Article 1D
61
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