France - French administrative court finds refusal to grant visa to Syrian citizens seeking asylum unlawful

Monday, October 6, 2014

The Nantes administrative court has judged that refusal by the French consulate in Beirut for the applicants short stay visa to France, where an asylum application would subsequently be made, constituted a manifest breach of the constitutional right to asylum.

In the case at hand the applicants, a Syrian family from Aleppo, had applied for a short stay visa at the French consulate with a view to applying for asylum upon arrival in France. Despite the applicants claim that they were a Christian family living in Aleppo, the French consulate later indicated to the family that their asylum application in France had been refused. In response to these submissions by the applicants, the court highlighted that the assessment by the consulate concerning the asylum applications had been clearly done to prevent the travel visa being issued. Moreover, the court highlighted that decisions concerning asylum applications could only be carried out nationally by OFPRA and CNDA. The consulates actions were manifestly illegal and had nullified the possibility for the applicants to lodge an asylum request, and as a corollary to this had violated the right to asylum.

Based on an unofficial ECRE translation 

3 October 2014

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