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CJEU: Member State becomes responsible for examining asylum seeker’s application because of the expiry of the 3-month period

An asylum seeker may rely in legal proceedings on the fact that the Member State has become responsible for examining his application because of the expiry of the three-month period within which that Member State may request another Member State to take charge of him.

That period starts to run before a ‘formal’ application for asylum is lodged, if a written document confirming the request for international protection has been received by the competent authority.

On 14 September 2015, Mr Tsegezab Mengesteab, an Eritrean national, requested asylum in Munich (Germany) with the Government of Upper Bavaria, which issued to him, on the same day, a certificate of registration as an asylum seeker. On 14 January 2016 at the latest, the Bundesamt für Migration und Flüchtlinge (German Federal Office for Migration and Refugees), which is the authority responsible for carrying out the obligations arising from the Dublin III Regulation for determining the Member State responsible for examining an application for international protection, 1 received the original of that certificate, a copy of it or, at least, the main information which it contained. On 22 July 2016, Mr Mengesteab was heard by the Bundesamt and was able to lodge an official application for asylum.

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