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03.04.2017 – Court of Justice - Request for a preliminary ruling - Dublin III Regulation - Tsegezab Mengesteab - Aff. C-670/16

Request for a preliminary ruling from the Verwaltungsgericht Minden (Germany) lodged on 29 December 2016 — Tsegezab Mengesteab v Bundesrepublik Deutschland - Case C-670/16

Questions referred

1. May an asylum applicant claim a transfer of responsibility to the requesting Member State by reason of the expiry of the period for making the take charge request (third subparagraph of Article 21(1) of Regulation No 604/2013 (1))?

2. If Question 1 is to be answered in the affirmative: may an asylum applicant claim a transfer of responsibility even if the requested Member State is still willing to take charge of him?

3. If Question 2 is to be answered in the negative: can it be inferred from the express consent or the deemed consent (Article 22(7) of Regulation No 604/2013) of the requested Member State that the requested Member State is still willing to take charge of the asylum applicant?

4. Can the two-month period provided for in the second subparagraph of Article 21(1) of Regulation No 604/2013 end after the expiry of the three-month period provided for in the first subparagraph of Article 21(1) of Regulation No 604/2013 if the requesting Member State allows more than one month to pass after the beginning of the three-month period before it makes a request to the Eurodac database?

5. Is an application for international protection deemed to have been lodged for the purposes of Article 20(2) of Regulation No 604/2013 when a certificate of registration as an asylum seeker is first issued or only when a formal asylum application is recorded? In particular:

(a) Is the certificate of registration as an asylum seeker a form or a report within the meaning of Article 20(2) of Regulation No 604/2013?

(b) Is the competent authority within the meaning of Article 20(2) of Regulation No 604/2013 the authority responsible for receiving the form or for preparing the report or the authority responsible for the decision on the asylum application?

(c) Has a report prepared by the authorities reached the competent authority even if that authority was informed of the main content of the form or the report, or must the original or a copy of the report be communicated to it for that purpose?

6. Can delays between the first request for asylum or the first issue of a certificate of registration as an asylum seeker and the submission of a take charge request lead to a transfer of responsibility to the requesting Member State by analogous application of the third subparagraph of Article 21(1) of Regulation No 604/2013 or require the requesting Member State to exercise its right to assume responsibility pursuant to the first subparagraph of Article 17(1) of Regulation No 604/2013?

7. If Question 6 is to be answered in the affirmative in respect of either alternative: from what time can there be considered to be an unreasonable delay in submitting a take charge request?

8. Does a take charge request in which the requesting Member State indicates only the date of entry into the requesting Member State and the date of submission of the formal asylum application, but not also the date of the first request for asylum or the date of first issue of a certificate of registration as an asylum seeker, comply with the time limit provided for in the first subparagraph of Article 21(1) of Regulation No 604/2013, or is such a request ‘ineffective’?

Source: Official journal of the EU, C 104, 3 April 2017

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