By decision of 21 October 2020, the French Office for Immigration and Integration (OFII), suspended the benefit of the material conditions of reception for an applicant because of the person's refusal to execute the summons in view of the transfer to the Member State responsible for examining the asylum application. The OFII informed the person concerned of the obligation to leave the place of accommodation. After a formal notice remained unsuccessful, the prefect of Seine-Maritime asked the judge for urgent measures of the Administrative Court of Rouen to order the expulsion of B.A. from the place of accommodation, which was under the authority of the emergency accommodation center for asylum seekers. By order no. 2100185 of 9 February 2021, the judge rejected this request holding that the prefect could not make such a request. The Minister of the Interior appealed.

The Council of State noted that the prefect or the manager of the place of accommodation may request the judge to order the expulsion from a place of accommodation if the asylum applicant committed serious breaches of the rules of the place of accommodation, including the expulsion of those awaiting determination of the State responsible under the Dublin procedure or their actual transfer to the responsible State. The Council noted that the fact that an asylum applicant stays in a place of accommodation when the person is no longer entitled to such a stay, entails that he/she has committed serious breaches of the rule of the place of accommodation. 

The Council concluded that the judge ordering urgent measures committed an error of law and that the continued accommodation of an asylum applicant for whom the benefit of material reception conditions has been withdrawn constitutes a serious breach of the rules of the place of accommodation which constitutes a basis for a request for interim measures and an asylum applicant awaiting determination of the State responsible for examining the application or awaiting the actual transfer is likely to be the subject of such a measure.

The Council held that the Minister of the Interior was entitled to challenge the refusal of the interim order.