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30/07/2021
FR: The Council of State ordered the respect of the 10 days registration deadline

ECLI
ECLI:FR:CECHR:2021:447339.20210730
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
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], Association "La Cimade" v Ministry of Interior, ECLI:FR:CECHR:2021:447339.20210730, 30 July 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=2255
Case history
Other information
Abstract

By decision of 31 July 2019 the Council of State has annulled the Ministry of Interior decision of 31 March 2017 by where the later refused the request of the Association La Cimade to adopt necessary measures for compliance with the deadlines for registration of the asylum applications. In a new request of 8 December 2020, the Association La Cimade requested to the Council of State to oblige the State to execute the decision of 31 July 2019.


The Council of State analysed the situation of asylum applications in the Ile de France region and outside and found that, based on available information, the non-respect of the deadline for registrations is due punctually to some local circumstances specific to the organisation and no measures have to be ordered in order to execute the decision of 31 July 2019 of the Council of State.


With regard to the situation in Ile de France, which represents half of the asylum applications in the metropolitan region, the appointments in the first reception centres are being delivered since May 2018 on a phone platform implemented by the OFII. Despite requested, the Ministry of the Interior did not provide sufficient elements to establish that the 10 days deadline for registration is duly respected.


The Council of State ruled that the government failed to respect the deadline for registering asylum applications in the Île-de-France region and ordered the respect of the 10 days deadline and the execution of the decision of 31 July 2019.


Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
Date of Decision
30/07/2021
Country of Origin
Keywords
Access to procedures
Asylum Procedures/Special Procedures