Common use of Means of evidence Clause in Contracts

Means of evidence. regarding third-country nationals and stateless persons 1. Proof of the grounds for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5 (1) shall be particularly furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be fur- nished through false documents. Any such proof shall be mutu- ally recognised by the Member States and Moldova without any further investigation being required. 2. Prima facie evidence of the grounds for the readmission of third-country nationals and stateless persons laid down in Article 3(1) and Article 5 (1) shall be particularly furnished through the means of evidence listed in Annex 4 to this Agree- ment; it cannot be furnished through false documents. Where such prima facie evidence is presented, the Member States and Moldova shall deem the grounds to be established, unless they can prove otherwise. 3. The unlawfulness of entry, presence or residence shall be established by means of the travel documents of the person con- cerned in which the necessary visa or other residence permit for the territory of the Requesting State are missing. A statement by the Requesting State that the person concerned has been found not having the necessary travel documents, visa or residence per- mit shall likewise provide prima facie evidence of the unlawful entry, presence or residence.