France: Prefect of Alpes-Maritimes violated the right to asylum of Eritrean applicants returned to Italy

Date: 
Friday, March 31, 2017

On 31 March 2017, the Administrative Court of Nice ruled in case no. 1701211 regarding two Eritrean applicants who claimed being returned to Italy by the French border police after entering the French territory and trying to apply for asylum. Later, the applicants asked the prefecture of Nice for a confirmation of their asylum request, arguing that they could not reach the administrative authorities themselves due to a fear of being returned to Italy again. The authorities denied the applicants’ request, arguing that Italy was the Member State responsible for processing the asylum claims, but without showing a proof of initiating a transfer in accordance with the Dublin Regulation. The Administrative Court ruled that refusing to register their asylum claims, while the applicants were in French territory and had been in contact with the authorities for that purpose, was a serious violation of their right to asylum. Moreover, due to the vulnerable situation of the applicants, who were living irregularly with few resources and while taking care of a child, the Court ordered the local authorities to register their application within three days from this decision.
 
Based on an unofficial translation by the ELENA Weekly Legal Update. The EWLU would like to thank Raphaël Morlat of Forum réfugiés - Cosi for bringing this to our attention.



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Keywords: 
Dublin Transfer
Effective access to procedures