EURODAC evidence as such may not suffice in certain cases

An Immigration Judge needs to be satisfied on the specific evidence in each case, including EURODAC evidence if available, whether the Appellant has made a previous claim. The evidence could comprise not just fingerprints but other data from the alleged previous application, for example photographs, age, name and claim details. General evidence might also be properly admitted about the reliability of the EURODAC system and how it operates. An Immigration Judge will also, as a matter of fairness, need to be satisfied that the Appellant has had the facility to access information about the assertion against him that would enable him, if he so wishes, to make a meaningful forensic rebuttal beyond mere denial. An Appellant may not want to use such a facility if the match is genuine and further evidence would only make matters worse for him. It is therefore the availability of the facility rather than the take-up that is needed in a fair system.

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EURODAC evidence as such may not suffice in certain cases