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16/10/2019
FR:Council of State rules on access to hearing recording

ECLI
ECLI:FR:CECHR:2019:423478.20191016
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Decision
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
France, Council of State [Conseil d'État], De Rossi Radriamanpianina v CNDA (National Court of Asylum) [Cour Nationale du Droit d'Asile], N° 423478, ECLI:FR:CECHR:2019:423478.20191016, 16 October 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1062
Case history
Other information
Abstract

The Council of State specified the conditions under which the recording of the applicant's interview should be requested by applicant and submitted to CNDA


According to article L. 723-7, the access to the registration of the interview can be obtained from the office or, in the event of an appeal, from the CNDA. The Council of State considers by this decision that it is logical for the applicant to request access to this recording first from the OFPRA, in order to support his appeal.


It appears from the documents in the file submitted to the asylum judge that the appellant did not contest, within the appeal period, the transcript which was made of his interview.
Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
N° 423478
Date of Decision
16/10/2019
Country of Origin
Keywords
Effective remedy
Personal Interview/ Oral hearing
Second instance determination / Appeal
Original Documents