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FR: Council of State ruled on legality of 13 days of detention between the Dublin agreement obtained and the notification of the transfer decision

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, Court of Cassation [Cour de cassation], J. (Ivory Coast), 18-20297 Decision number: 11900734, 19 September 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Other information

The applicant, a national of the Ivory Coast, was placed in police custody on 26 April 2018 for being in possession of false documents and fraud. Eurodac information revealed that he had previously lodged an application for international protection in Italy and on 11 May 2018 the Italian authorities accepted their responsibility to take back the applicant. On 23 May 2018, the applicant asked for an end to his detention. On 24 May 2018, the prefect of Pyrénées-Atlantiques notified the applicant about a transfer order to Italy and that a departure has been scheduled for 7 June 2018. The Courts of Cassation held that an asylum seeker under the Dublin procedure placed in detention pending the response to a request for support by the State responsible for examining their asylum request and detained 13 days between the agreement obtained and the notification of the transfer decision must be released, as this period does not meet the diligence requirement imposed by national law.

Country of Decision
Court Name
FR: Court of Cassation [Cour de cassation]
Case Number
18-20297 Decision number: 11900734
Date of Decision
Country of Origin
Detention/ Alternatives to Detention
Dublin procedure