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EDAL case summaries

France - Nice Administrative Tribunal, 31 march 2017, No 1701211

Country of Decision: France
Country of Applicant: Eritrea
Keywords: Delay, Dublin Transfer, Effective access to procedures, Inadmissible application, Legal assistance / Legal representation / Legal aid, Material reception conditions, Obligation to give reasons, Procedural guarantees, Request that charge be taken, Responsibility for examining application, Right to remain pending a decision (Suspensive effect)

Both applicants seek legal assistance and to register their application for asylum, which was previously refused by the Alpes Maritimes Prefect. The interim relief judge decided that the Prefect’s refusal to provide the individuals with an application form to register their application for asylum, notwithstanding their presence within the territory and contact with the police, amounted to a serious breach of the right to asylum.  
Date: 31-03-2017

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