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27/10/2022
FR: The Council of State provided an opinion on appeals lodged by Dublin transferees against refusals to examine a request for international procedure in the regular procedure.

ECLI
ECLI:FR:CECHR:2022:465885.20221027
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Decision
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], Q.C. v Prefect of the police (préfet de police), No 465885, ECLI:FR:CECHR:2022:465885.20221027, 27 October 2022. 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=3270
Case history
Other information
Abstract

The applicant, whose Dublin transfer time limit was extended, appealed the decision of 8 November 2021 of the Police Prefect which refused the registration of the request for international protection in the regular procedure.


The Council of State held that the appeal against a refusal to examine the request for international protection in the regular procedure is admissible only if the person concerned is able to establish that the transfer period has expired and the transfer can no longer be enforced or that another new circumstance has occurred.
Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
No 465885
Date of Decision
27/10/2022
Country of Origin
Keywords
Dublin procedure