Common European Asylum System in a Changing World

It replaced the Dublin II Regulation from 2003. The Dublin III Regulation brought especially enhanced procedural standards - such as the right to a personal interview, access to an effective remedy, free legal assistance, and representation in case of a review as well as regarding the length of detention. Moreover, it brought additional guarantees for unaccompanied minors, especially with regard to family reunification. Dublin III Regulation covers these areas: • Access to the asylum procedure in a single Member State (Article 3) Member States shall examine any application for international protection by a third-country national or a stateless person who applies in the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State , which shall be the one which the criteria in the Dublin Regulation indicate is responsible.

• Hierarchy of criteria for deciding which Member State is responsible (Chapter III)

Chapter III of the Dublin Regulation lays down criteria for determining which Member State is responsible for an examination of the asylum application. The criteria for determining the Member State responsible shall be applied in the order in which they are set out in this Chapter.

a) Criteria of family aa) Family members – beneficiaries of international protection

Where the applicant has a family member, who is already a beneficiary of international protection in a Member State, that Member State shall be responsible for examining the application for international protection. Persons concerned shall express their desire to be united in writing. ab) Family members – applicants for international protection If the applicant has a family member in a Member State whose application for international protection in that Member State has not yet been the subject of a first decision regarding the substance, that Member State shall be responsible for examining the application for international protection. Persons concerned shall express their desire to be united in writing. b) Criterion of residence permit or visa If the applicant is in possession of a valid residence document , the Member State which issued the document shall be responsible for examining the application for international protection. The Regulation lays down rules for special situations such as possession of more visas or residence documents. If the applicant is in possession of a valid visa , the Member State which issued the visa shall be responsible for examining the application for international protection.

41