Generally, member states must allow freedom of movement for asylum seekers
within their territory. If necessary, however, member states may confine applicants
to a particular location in accordance with national law.305Member states are required
to meet and maintain minimum reception conditions to guarantee the health and
subsistence of asylum seekers. In particular, this refers to housing, food, and clothing,
which may be provided in kind or by means of a financial allowance,306 necessary
health care,307 and access to education for minor children.308
Though the directive establishes minimum requirements, member states are free
to exceed the minimum standards in their national legislation.
2.2.2. Adjudication of Claims
The European Union acknowledges the need for assessment of asylum seekers’
applications by only one state within the EU. The Dublin III Regulation, which
entered into force on 1 January 2014, sets forth the criteria for determining which
member state should examine an asylum application.309
According to the Dublin III Regulation, the process for determining which state
will evaluate the application begins as soon as an applicant lodges an asylum claim
with a member state. In determining which member state bears responsibility for
assessing the asylum application, the following criteria will be evaluated, in the
order listed below:
•
Family Unity.
The Dublin III Regulation articulates a strong concern for the “best interests
of the child”310 and “respect for family life.”311 Families should be kept
together or reunited to the extent possible throughout the asylum process.312
Unaccompanied minors will have their claims evaluated by the member
state where they have a legally present family member. When the minor has
no such family member, the claim will be evaluated by the state in which
the minor lodges the application.313 If the minor has lodged applications
in multiple member states with no legally present family member, the
<
<
305
Ibid., Article 7.
Ibid., Article 13.
307
Ibid., Article 15.
308
Ibid., Article 10.
309
Council of the European Union, “Regulation (EU) No 604/2013 of the European Parliament and of
the Council of 26 June 2013 Establishing the Criteria and Mechanisms for Determining the Member
State Responsible for Examining an Application for International Protection Lodged in One of the
Member States by a Third-Country National or a Stateless Person (recast),” June 26, 2013, http://
www.refworld.org/docid/51d298f04.html.
310
Ibid., para. 13, Preamble.
311
Ibid., para. 14, Preamble.
312
Ibid., Preamble.
313
Ibid., chap. 3, Article 8(1).
306
60
Handbook on Protection of Palestinian Refugees
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