Decision No 1/2000 of 31 October 2000 of the Committee set up by Article 18 of the Dublin Convention concerning the transfer of responsibility for family members in accordance with Article 3(4) and Article 9 of that Convention
Date: 2000-10-31
Institutions: Representatives of the Governments of the Member States
Subjects: EU Member State, admission of aliens, family migration, family policy, family protection, right of asylum

7.11.2000

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Official Journal of the European Communities

L 281/1

(Convention signed between Member States)

DECISION No 1/2000

of 31 October 2000

of the Committee set up by Article 18 of the Dublin Convention concerning the transfer of
responsibility for family members in accordance with Article 3(4) and Article 9 of that Convention

(2000/677/CMS)

THE COMMITTEE set up by Article 18 of the Convention deter-
mining the State responsible for examining applications for
asylum lodged in one of the Member States of the European
Communities, signed in Dublin on 15 June 1990 (1), herein-
after referred to as the ‘Dublin Convention’,

applicant for asylum or that close relative wholly or mainly
depends on support from the other who will effectively provide
that support and that
the persons concerned were living
together as a family unit before they left their country of
origin.

Having regard to Article 18(1) and (2) of the Dublin Conven-
tion,

Whereas:

(1)

(2)

(3)

The Member States confirm their obligations in the field
law under Article 8 of the European
of international
Convention on Human Rights, namely to ensure respect
for private and family life.

Pursuant to Article 3(4) and Article 9 of the Dublin
Convention, a Member State may examine an applica-
tion for asylum submitted to it by an alien even if such
examination is not its responsibility under the criteria
defined in that Convention. In order to ensure harmo-
nised and effective implementation of these provisions
in the case of family members, it is necessary to adopt
provisions for their interpretation and application.

In this respect, the scope of this Decision is determined
by the rules of the Dublin Convention. The following
provisions therefore concern only the transfer of respon-
sibility for applicants for asylum on family grounds,

HAS DECIDED AS FOLLOWS:

Article 1

Family members

1.
For the purposes of this Decision, ‘family members’ shall
mean the spouse of an applicant for asylum or his or her
unmarried child who is a minor under 18 years of age, or his
or her father or mother where the applicant for asylum is
himself or herself an unmarried child who is a minor under 18
years of age.

2.
This Decision shall also apply to a close relative of an
applicant for asylum other than those mentioned in paragraph
1, if the Member States concerned are satisfied that either the

(1) OJ C 254, 19.8.1997, p. 1.

3.
For the purposes of family reunification or of mainte-
nance of the family group, this Decision shall apply only to
applicants for asylum.

Article 2

Conditions for family reunification and for maintenance
of a family group

1.
Responsibility for dealing with applications for asylum by
family members shall in principle be determined in accordance
with the criteria laid down in Articles 4 to 8 of the Dublin
Convention.

2. Where several Member States would accordingly be
responsible for dealing with applications for asylum by family
members present in different Member States or where members
of the applicant's family are present in another Member State,
family reunification may take place if there are humanitarian
reasons within the meaning of Article 9 of the Dublin Conven-
tion. Judgment shall be exercised on the basis of individual
aspects of each case. Depending on the situation, the following
factors for example may be taken into account:

— the fact that the family members have lived in the same
household in the country of origin up to the time of
departure or flight,

— the reasons which have led to divided responsibility for

family members or a separation of the family,

— progress of the individual asylum proceedings as well as
proceedings relating to the law on aliens in the Member
States.

Families shall normally be reunited in cases where

— a family member is a minor under 18 years of age and
would otherwise remain behind unaccompanied in a
Member State,

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Official Journal of the European Communities

7.11.2000

— a family member is dependent on support on account of

situations such as

— pregnancy,
— a newborn child,
— a serious illness,
— a serious handicap,
— advanced years.

3. Where all family members are present in a Member State
and one or more of them has submitted an application for
asylum which another Member State or several Member States
are responsible for processing, the desirability of maintaining
the family group should, in exercising the judgment referred to
in paragraph 2, be particularly taken into consideration.

Article 3

Procedure

If the prerequisites for family reunification or for main-
1.
taining a family group exist pursuant to Article 2, the Member
States in which the persons concerned are present, and the
other responsible Member States shall determine by mutual
agreement, taking into account Article 3(4) and Article 9 of the
Dublin Convention, and provided that the persons concerned
agree to this procedure, which State will take responsibility for
dealing with the applications for asylum.

2. Member States shall seek to reach agreement, within one
month of a request to that effect being made, on the transfer of
responsibility for dealing with the applications for asylum.

Article 4

Factors in determining the Member State responsible

Where the Member States concerned consider a transfer of
responsibility in accordance with Article 3,
the following
factors may be taken into account in particular, depending on
the circumstances:

— number of family members for whom a Member State is
the Dublin

to Articles 4 to 8 of

responsible pursuant
Convention,

— the place of abode if all the members of the family are

present in the same Member State,

— in the case of unaccompanied persons who are minors, the
place where the father or mother is present in a Member
State,

— number of family members already legally present in one of

the Member States concerned;

— examinations already under way in the Member States
concerned with regard to applications for asylum by the
family members,

— where it is ascertained that the applicant refers solely to the
reasons for asylum alleged in the application for asylum by
a member of his family, responsibility for dealing with the
application for asylum by that member of the family (prin-
cipal subject).

Article 5

Cooperation in cases of shared responsibility for family
members

Where asylum proceedings are conducted by family members
the Member States concerned
in different Member States,
should,
the conduct of such asylum
proceedings,

they are aware of

if

— cooperate by means of the earliest possible exchange of

information,

— notify each other without delay of the completion of the
respective asylum proceedings, insofar as this is necessary
for the purposes of Article 15 of the Dublin Convention.

Article 6

Entry into force

This Decision shall enter into force on the day of its publica-
tion in the Official Journal.

Done at Brussels, 31 October 2000.

For the Committee

The Chairman

D. VAILLANT