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FR: Council of State ruled on rejection of accommodation for Algerian couple and their two children

Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
France, Council of State [Conseil d'État], C.D. and A.B. (Algeria) v French Office of Immigration and Integration (OFII), 437464 C, ECLI:FR:CEORD:2020:437464.20200110, 10 January 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Other information

The applicants, Algerian nationals, entered France with their two children on 26 November 2019 with a 15 days Schengen visa. Their asylum applications were registered in the normal procedure on 9 December 2019 by the Loire-Atlantique prefecture. On the same day, they accepted the benefit of material reception conditions without being offered housing. The applicants requested the Administrative Court of Nantes to order OFII or the prefecture of Loire-Atlantique to offer them accommodation for them and their two children. On 23 December 2019, their request was rejected. the Council of State confirmed the reasons of rejection, namely that the refusal of accommodation does not constitute a serious and manifestly illegal violation of the right of asylum given the saturation of the reception department, the recent nature of their entry into the system and the absence of elements likely to establish that the applicants are in a priority situation due to medical or psychological distress.

Country of Decision
Court Name
FR: Council of State [Conseil d'État]
Case Number
437464 C
Date of Decision
Country of Origin