The applicant is a national of Guinea and belongs to the Toma ethnicity. He requested international protection in France, alleging that he was exposed to inhuman or degrading treatment in his country due to an inheritance dispute with family members. In addition, the applicant claimed that he was not able to be present for the interview before OFPRA as he never received the summons for the interview due to a malfunction of the postal service.
On 25 September 2020, the French Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected his application as he was not present for the personal interview.
The applicant appealed the decision, and on 19 March 2021 a decision was issued in which the National Court for Asylum allowed the appeal. The court overturned OFPRA's decision and sent the application back to the authority for examination. The court held that the applicant was deprived of the right to be heard before OFPRA due to postal malfunction. In this case, the responsibility lied with a third party, the Post Office, and the court acknowledged the existence of a legitimate reason that justified the applicant’s absence.
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