The applicant, a national of Mali, requested international protection in France. On 30 June 2021, the OFPRA rejected the application. By decision of 8 April 2022, the CNDA annulled the decision of the OFPRA due to an electronic notification for the interview which was not consulted by the applicant and sent the case back to the OFPRA. Appealing in cassation, the OFPRA requested the Council of State to annul the decision of the CNDA.

The Council of State noted that an electronic procedure was put in place to notify asylum applicants about the OFPRA decision ruling on their asylum application but also for notification of their summons to the interview required by Article L. 531-12 of CESEDA. In particular, these provisions state that in the absence of consultation by the asylum applicant of the electronic summons in the secure personal digital space to which the person connects, in accordance with the information provided, the person is deemed to have been notified at the end of a period of fifteen days from when the notification is made available on the portal. 

The Council of State held that by authorizing the implementation of an electronic process for the notification of invitations to interview before the OFPRA for asylum applicants, Articles R. 531-17 and R. 531-11 of the CESEDA do not violate the principle of personal receipt by the asylum applicant of the summons, laid down by Article L. 531-12.