• - If the asylum seeker only has one or more residence documents that expired less than two years ago, or one or more visas that expired less than six months ago, then the previous items regarding residence documents and visas will apply so long as the asylum seeker has not left the territory of the member states.323 - If the asylum seeker has one or more residence documents or visas that expired more than two years ago or six months ago, respectively, then the claim will be evaluated by the member state in which the application was lodged.324 Irregular entry. If an asylum seeker entered a member state irregularly from a third party state, that member state will evaluate the application. This responsibility continues for 12 months after entry into the state.325 If a member state can no longer be held accountable according to the previous provision and the asylum seeker, at the time of application, has previously been living continuously for at least five months in a member state, then the latter member state will evaluate the claim. If the applicant has been living for at least five months in multiple member states, then the member state where the applicant lived most recently will evaluate the claim.326 Legal entry. If the asylum seeker enters a member state that has waived his or her visa requirement, that member state will evaluate the application.327 If the asylum seeker lodges an application in another member state, which has also waived the visa requirement, then the member state in which the application was lodged will evaluate the claim.328 International transit areas. If an asylum seeker lodges the application in an international transit area of an airport of a member state, then that member state will evaluate the application.329 < < • < < • < Where no member state can be deemed responsible for evaluating an asylum seeker’s claim based on the above criteria, then the first member state where the applicant lodged their claim will be responsible.330 The Regulation sets forth a number of new priorities in response to criticisms 323 Ibid., Article 12(4). Ibid. 325 Ibid., Article 13(1). 326 Ibid., Article 13(2). 327 Ibid., Article 14(1). 328 Ibid., Article 14(2). 329 Ibid., Article 15. 330 Ibid., 2, Article 3(2). 324 62 Handbook on Protection of Palestinian Refugees

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