M.S.S. v. BELGIUM AND GREECE JUDGMENT
13
68. Recital 1 of the Dublin Regulation states that it is part of a common
policy on asylum aimed at progressively establishing an area of freedom,
security and justice open to those who, forced by circumstances,
legitimately seek protection in the Community.
69. Recital 2 affirms that the Dublin Regulation is based on the
presumption that the member States respect the principle of nonrefoulement enshrined in the Geneva Convention and are considered as safe
countries.
70. Under the Dublin Regulation, the member States must determine,
based on a hierarchy of objective criteria (Articles 5-14), which member
State bears responsibility for examining an asylum application lodged on
their territory. The aim is to avoid multiple applications and to guarantee
that each asylum-seeker’s case is dealt with by a single member State.
71. Where it is established that an asylum-seeker has irregularly crossed
the border into a member State having come from a third country, the
member State thus entered is responsible for examining the application for
asylum (Article 10 § 1). This responsibility ceases twelve months after the
date on which the irregular border-crossing took place.
72. Where the criteria in the Regulation indicate that another member
State is responsible, that State is requested to take charge of the asylumseeker and examine the application for asylum. The requested State must
answer the request within two months from the date of receipt of the
request. Failure to reply within two months is understood as constituting an
acceptance of the request to take charge of the asylum-seeker (Article 17
and Article 18 §§ 1 and 7).
73. Where the requested member State accepts that it should take charge
of an asylum-seeker, the member State in which the application for asylum
was lodged must notify the asylum-seeker of the decision to transfer him or
her, stating the reasons. The transfer must be carried out at the latest within
six months following acceptance of the request to take charge. Where the
transfer does not take place within that time-limit, responsibility for
processing the application lies with the member State in which the
application for asylum was lodged (Article 19).
74. By way of derogation from the general rule, each member State may
examine an application for asylum lodged with it by a third-country
national, even if such examination is not its responsibility under the criteria
laid down in the Dublin Regulation (Article 3 § 2). This is called the
“sovereignty” clause. In such cases, the State concerned becomes the
member State responsible and assumes the obligations associated with that
responsibility.
75. Furthermore, any member State, even where it is not responsible
under the criteria set out in the Dublin Regulation, may bring together
family members, as well as other dependant relatives, on humanitarian
grounds based in particular on family or cultural considerations (Article 15