•
- 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
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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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