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10/11/2021
FR: The Council of State interpreted procedural rules of submission of evidence by the asylum applicant on appeal before the CNDA.

ECLI
ECLI:FR:CECHR:2021:447293.20211110
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
France, Council of State [Conseil d'État], JM v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 447293, ECLI:FR:CECHR:2021:447293.20211110, 10 November 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=2156
Case history
Other information
Abstract

The applicant requested the Council of State to annul a decision of the CNDA by which the appeal lodged against a decision of the OFPRA was rejected.


The Council of State noted that an appeal can be lodged before the CNDA within one month from the notification of the OFPRA decision and that the CNDA must pronounce a decision within five months in a collegiate panel or within five weeks if the case concerns the accelerated procedure or an inadmissibility decision.


The Council further held that where the applicant notifies his/her intention to present complementary evidence, the CNDA may, if there is no indication of serious evidence that could put into question the decision of the OFPRA, dismiss the appeal by ordinance, based on Article R. 733-4 CESEDA, without waiting for the announced observations to be lodged or giving the applicant a specified period to produce them and await the expiration of this period.
Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
No 447293
Date of Decision
10/11/2021
Country of Origin
Unknown
Keywords
Second instance determination / Appeal