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26/07/2018
FR: Council of State rules on state obligation to provide travel vouchers for attending a hearing within Dublin procedure

ECLI
ECLI:FR:CEORD:2018:422159.20180726
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection)(recast RCD) and/or RCD 2003/9/CE
Reference
France, Council of State [Conseil d'État], D.C. and A.B. (Palestine) v French Office of Immigration and Integration (l'Office français de l'immigration et de l'intégration, OFII), 422159 422160, ECLI:FR:CEORD:2018:422159.20180726, 26 July 2018. 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=1088
Case history
Other information
Abstract

The decision concerns two joined cases 422159 and 422160, in which the applicants requested from the OFPRA the allowance for asylum applicants and transport vouchers necessary for them to travel to a hearing for the purpose of the Dublin procedure.


The Council of State held that if the applicants would be refused travel vouchers such a situation is likely to amount to a serious and manifestly unlawful interference with their right to enjoy a procedure for examining their asylum application accompanied by the guarantees which must be attached to it. It also held that it is for the State to provide for their travel if it requires the applicants to be personally present at the hearing.
Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
422159 422160
Date of Decision
26/07/2018
Country of Origin
Palestine
Keywords
Dublin procedure
Reception/Accommodation
Source
Legifrance