Common use of Means of evidence Clause in Contracts

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 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 the former Yugoslav Republic of Macedonia without any further investigation being required. 2. Prima facie evidence of the conditions 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 the former Yugoslav Republic of Macedonia shall accept a presump- tion of the conditions to have been 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. 4. Prima facie evidence of the conditions for the readmission of former nationals of the Socialist Federal Republic of Yugoslavia laid down in Article 3(3) shall be particularly furnished through the means of evidence listed in Annex 5 to this Agreement; it can- not be furnished through false documents. Where such prima facie evidence is presented, the former Yugoslav Republic of Macedonia shall deem the conditions to be established, unless they can prove otherwise. 5. If none of the documents listed in Annex 5 can be pre- sented, the competent diplomatic and consular representations of the former Yugoslav Republic of Macedonia shall, upon request, make arrangements to interview the person to be readmitted without undue delay or at the latest within three working days from the requesting day, in order to establish his or her nationality.