France - Council of State, 6 February 2013, n° 353807

Country of Decision:
Country of Applicant:
Date of Decision:
CE, 2ième et 7ième sous-sections réunies, 06/02/2013, n°353807
Court Name:
Council of State (CE)
Relevant Legislative Provisions:
International Law
International Law > 1951 Refugee Convention
European Union Law
European Union Law > EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005
National / Other Legislative Provisions:
France - Ceseda (Code of the Entry and Stay of Foreigners and Asylum Law)
France - CJA (Code of Administrative Justice)
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The final determination by an administrative court which quashed a decision returning an individual and determining the country of return on the grounds that the individual had substantiated the fear of persecution in the country of return, necessitated the admissibility before the asylum courts of an application for the matter to be re-examined. Based on this judgment, the National Asylum Court (CNDA) therefore had to re-examine all the facts submitted to it for determination.


After twice having refugee status refused by the Ofpra and the CNDA, the Applicant re-applied to the Director General of the Ofpra for her case to be re-examined. This application was rejected on 5 March 2009, a decision that was confirmed by the CNDA on 10 December 2010. The Applicant therefore lodged an appeal on points of law against this decision, on the basis of the judgment delivered by the Administrative Tribunal of Melun, which on 9 October 2008, had quashed the decision of the Prefect of Seine-et-Marne requiring her to leave French territory and determining Sri Lanka as her country of destination.

Decision & Reasoning: 

The Council of State held that even if the judgment of the Administrative Court did not bind the CNDA with the absolute authority of res judicata, it nonetheless constituted an element indicating that the Council of State should re-examine all the facts submitted for its determination.

The Council of State found that the CNDA had committed an error of law in holding that the Applicant’s application for re-examination was inadmissible, on the grounds that the application relied on the administrative tribunal’s judgment as a new element, and in stating that the facts considered by the administrative tribunal were identical to those which had already been submitted to it for determination.


The CNDA’s decision N° 09005906 of 10 December 2010 was quashed.

The case was referred back to the CNDA.