France – Council of State, 24 November 2017, nº 403139

Country of Decision:
Country of Applicant:
Date of Decision:
24-11-2017
Citation:
nº 403139
Court Name:
Council of State
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
France - Code de justice administrative (Code of Administrative Justice) - Art L. 761-1
France - Law n° 91-647 of 10 July 1991 – Art. 37
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Headnote: 

The National Court for the Right of Asylum (CNDA) has a responsibility to follow the general rules on closing files. Where this is not done, the Court can be found negligent.  

Facts: 

The French immigration authority (Ofpra) rejected the applicant’s demand for asylum on 15th December 2015. Subsequently Ms. A requested that the French National Court for the Right of Asylum (CNDA) quash this decision; this was rejected on 18 May 2016.

The applicant requests that the Council of State quash the CNDA’s decision rejecting her application to quash the decision of Ofpra and that a charge of €3,000 be paid to her lawyers by Ofpra in accordance with articles L. 761-1 of the French Code of Administrative Justice and 37 of French Law nº 91-647 of 10 July 1991. 

Decision & Reasoning: 

The French Council of State first considered the obligation of the CNDA, as in any administrative court, to follow the general rules on written closing files, namely the requirement to examine notes of court and certify them.

In Ms A’s case, it was found that a note of court, to which a medical certificate was attached, was received at the Court Registry on 6 May 2016, after the public hearing of 27 April 2016. During the judgement of 18 May 2016, no mention was made of this note of court and therefore the Court found the CNDA’s decision to be flawed, giving Ms A. valid ground for appeal to the Council of State.

Regarding the applicant’s rights to legal representation, the Court found that, based on the provisions found in article L 761-1 of the Code of Administrative Justice and article 37 of the French law of 10 July 1991, SCP Monod-Colin-Stoclet could, as her legal representative, claim the sum of 3,000 from Ofpra.

Outcome: 

The decision of 18 May 2016 was quashed and the applicant’s case was referred back to the CDNA.

A sum of 3,000 euros was charged to Ofpra to be paid to the applicant’s legal representatives. 

Observations/Comments: 

This case summary was written by Sarah Thurmer, student at BPP University.