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10/04/2021
FR: The Council of State ruled that the applicant intentionally refused to undergo a COVID-19 PCR test prior to the Dublin transfer and his application cannot be registered.

ECLI
ECLI:FR:CEORD:2021:450928.20210410
Input Provided By
EUAA IDS
Type
Judgment
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP)
Reference
France, Council of State [Conseil d'État], French Minister of Interior v B.A., No. 450928, ECLI:FR:CEORD:2021:450928.20210410, 10 April 2021. 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=1683
Case history
Other information
Abstract

The applicant refused to undergo a COVID-19 PCR test prior to the Dublin transfer to Germany and the Administrative Tribunal of Paris ordered the registration of his application for international protection. According to article 29 of the Dublin III Regulation, the six-month time limit for transferring an asylum applicant to the Member State responsible for examining the application can be extended to 18 months if the applicant intentionally opposes his or her transfer. After the 18-month period has passed, the requesting Member State must itself examine the asylum application.
The Ministry of Interior submitted an application to the Council of State for their annulment of the order from the Administrative Tribunal of Paris to register the asylum application.


The Council of State noted that the applicant was aware that his refusal to do a PCR test would prevent his transfer to Germany. The French authorities were therefore entitled to refuse to register his asylum application as the 18-month deadline had not passed and as such, France was not yet responsible for examining his application. The Council of State thus ruled that the Administrative Tribunal of Paris wrongly assessed that the refusal to register the application violated the applicant right to asylum and annuled the contested order. 

 


Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
No. 450928
Date of Decision
10/04/2021
Country of Origin
Keywords
COVID-19/Emergency measures
Dublin procedure
Other Source/Information
Conseil d'Etat