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Chapter III · ACCESS TO DATA BY OTHER AUTHORITIES › Article 22

Access to data for examining the application for asylum

1.   For the sole purpose of examining an application for asylum, the competent asylum authorities shall have access in accordance with Article 21 of Regulation (EC) No 343/2003 to search with the fingerprints of the asylum seeker.

Where the fingerprints of the asylum seeker cannot be used or the search with the fingerprints fails, the search shall be carried out with the data referred to in Article 9(4)(a) and/or (c); this search may be carried out in combination with the data referred to in Article 9(4)(b).

2.   If the search with the data listed in paragraph 1 indicates that a visa issued is recorded in the VIS, the competent asylum authority shall have access to consult the following data of the application file and linked application file(s) of the applicant pursuant to Article 8(3), and, as regards the data listed in point (e) of the spouse and children, pursuant to Article 8(4), for the sole purpose referred to in paragraph 1:

(a)

the application number;

(b)

the data taken from the application form, referred to in Article 9(4)(a), (b) and (c);

(c)

photographs;

(d)

the data entered in respect of any visa issued, annulled, revoked, or whose validity is extended or shortened, referred to in Articles 10, 13 and 14;

(e)

the data referred to in Article 9(4)(a) and (b) of the linked application file(s) on the spouse and children.

3.   The consultation of the VIS pursuant to paragraphs 1 and 2 of this Article shall be carried out only by the designated national authorities referred to in Article 21(6) of Regulation (EC) No 343/2003.

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