France – Council of State, 24 December 2010, Mr A, No 345199

Country of Decision:
Country of Applicant:
Date of Decision:
24-12-2010
Citation:
No 345199
Court Name:
Council of State
National / Other Legislative Provisions:
France - Constitution 1958 - Art 53-1
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law) - Art L.741-4
France - Code de justice administrative (Code of Administrative Justice) - Art L.511-1
France - Code de justice administrative (Code of Administrative Justice) - Art L.521-2
France - Code de justice administrative (Code of Administrative Justice) - Art L.761-1
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Headnote: 

This was an appeal against the decision to transfer an asylum applicant to Poland. The Council of State rejected the applicant’s claim that he was not informed about the Dublin procedure in a language intelligible to him, as the applicant had indicated he understood Russian and an interpreter had been provided. Moreover, the circumstances necessary to apply Art 3(2) Dublin Regulation had not been met.

Facts: 

The applicant applied for asylum at the prefecture of Gironde in France on 8 July 2010. While filling in his application, the applicant was informed that a Dublin procedure with Poland had already been initiated and the Polish authorities had accepted the French authorities’ transfer request. The Prefecture of Gironde therefore refused to issue a temporary residence permit for the purpose of applying for asylum. On 24 November 2010 the Prefect of Pyrénées Atlantiques confirmed the transfer to Poland.

The applicant appealed to the Administrative Court of Pau. The appeal was rejected and the applicant appealed to the Council of State, requesting interim measures (juge des référés). The applicant claimed the decision was unlawful, as he was not informed of the application of the Dublin Regulation in a language intelligible to him.

Decision & Reasoning: 

The Council of State found the applicant’s claim that he was not informed of the application of the Dublin Regulation in a language intelligible to him could not be sustained as the applicant had indicated that he understood the Russian language and an interpreter had been provided. The circumstances necessary to apply the derogation provided by Art 53-1 of the Constitution and Art 3(2) of the Dublin Regulation (CE) 343/2003 had not been met in this case. The refusal to provide a temporary residence permit and the decision to transfer the applicant to Poland, therefore, did not constitute a manifest and serious infringement of asylum law.

Outcome: 

The appeal was rejected.

Observations/Comments: 

 


This summary has been reproduced and adapted for inclusion in EDAL with the kind permission of Forum Réfugiés-Cosi, coordinator of Project HOME/2010/ERFX/CA/1721 "European network for technical cooperation on the application of the Dublin II regulation" which received the financial support of the European Refugee Fund.

 
Case Law Cited: 

France - Administrative Tribunal, 20 December 2010, No 1002358