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 < < < < < • < < < 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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