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    2005/372/EC: Council Decision of 3 March 2005 concerning the conclusion of the Ag... (32005D0372)
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    EU - Rechtsakte: 19 Area of freedom, security and justice
    2.   Prima facie evidence of nationality pursuant to Articles 2(1) and 4(1) can, in particular, be provided through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. Prima facie evidence of nationality cannot be provided through false documents.
    3.   Save in the case of availability of authentic documents as listed in Annex 1, the competent diplomatic representation of Sri Lanka or the Member State concerned may, whenever necessary and upon request, make arrangements to interview the person to be readmitted without undue delay in order to establish his or her nationality.

    Article 9

    Means of evidence regarding third-country nationals and stateless persons

    1.   Proof of the conditions for the readmission of third-country nationals and stateless persons laid down in Articles 3(1) and 5(1) shall, in particular, be provided through the means of evidence listed in Annex 3 to this Agreement; it cannot be provided through false documents. Any such proof shall be mutually recognised by the Contracting Parties without any further investigation being required.
    2.   Prima facie evidence of the conditions for readmission of third-country nationals and stateless persons laid down in Articles 3(1) and 5(1) shall, in particular, be provided through the means of evidence listed in Annex 4 to this Agreement; it cannot be provided through false documents. Where such prima facie evidence is presented, the Member States and Sri Lanka shall deem the conditions to be established, unless they can prove otherwise. In doubtful cases the Contracting Parties will consult with a view to interviewing, without undue delay, the person to be readmitted.
    3.   The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person concerned in which the necessary visa or other residence authorisation for the territory of the requesting State are missing. A statement by the requesting State that the person concerned has been found not to have the necessary travel documents, visa or residence authorisation shall likewise provide prima facie evidence of the unlawful entry, presence or residence.

    Article 10

    Time limits

    1.   The application for readmission must be submitted to the competent authority of the requested State within a maximum of one year after the requesting State’s competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request, be extended but only until the obstacles have ceased to exist.
    2.   A readmission application must be replied to without undue delay, and normally within a period of 15 calendar days and not exceed 30 calendar days; reasons shall be given for refusal of a readmission request. This time limit begins to run with the date of receipt of the readmission request. If there was no acknowledgement of receipt within this time limit the transfer shall be deemed to have been agreed to.
    3.   After agreement has been given or, where appropriate, if no acknowledgement was given within the 30 calendar-day time limit, the person concerned shall be transferred without undue delay and, at the most, within three months. Upon application, this time limit may be extended by the time taken to deal with legal or practical obstacles.
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