EDAL case summaries

The difficulties in access to the regional telephone operating centers set up by the French Office for Immigration and Integration (OFII) in order to obtain an appointment to register asylum applications leads to legal uncertainty for asylum seekers. This legal uncertainty violates their constitutional right to asylum, and therefore creates an emergency situation on which the Urgent Applications Judge can adjudicate.

The Constitutional Council decides on the constitutionality of the 48H limit under national law for a third-country national to appeal against an order to be escorted to the border. The Council found that the deadline is in line with the French Constitution, as it guarantees the right to an effective remedy.

The Federal Administrative Court has to clarify whether the petition for action directed solely at the obligation to decide on the asylum application is admissible. The question if it is also possible to directly oblige the defendant to grant international protection or to establish prohibitions on deportation by means of an action is not the subject of the decision. As a result, the court comes to the conclusion that there was a delay by the respondent of providing the decision on the asylum application without sufficient reason and that the plaintiff has a need for...

The Council of State grants the appeal lodged by the Minister of the Interior, who asked for the annulment of the order issued by the administrative tribunal’s relief judge. The latter had suspended not only the execution of the decision refusing to register M. A…’s asylum application, but also the execution regarding his transfer, by ruling ultra petita. After qualifying M. A…’s non-attendance to the repeated notifications sent for the purpose of his transfer as being intentional and systematic, the Council of State concludes in this case that no violation was found against M. A...