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13/11/2023
FR: The Council of State recalled that the 15-day time-limit to request free legal aid in appeal procedures, which runs from the notification of the contested decision, is not a délai franc, which in this case led to the rejection of the applicant's appeal, which had been lodged outside of the legal time limit.

ECLI
ECLI:FR:CECHR:2023:467595.20231113
Input Provided By
EUAA Information and Analysis Sector (IAS)
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], M. A. C. B. v French Office for the Protection of Refugees and Stateless Persons (OFPRA), No 467595, ECLI:FR:CECHR:2023:467595.20231113, 13 November 2023. 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=3818
Case history
Other information
Abstract

On 10 June 2021, the OFPRA revoked the applicant's protection. The applicant was notified on 17 June 2021. The applicant appealed against this decision before the CNDA, however the court rejected his request on 22 February 2022 on the grounds that it was lodged outside of the legal time limit. The applicant appealed before the Council of State, requesting it to annul the decision of the OFPRA and to grant him refugee status, or alternatively subsidiary protection.


The Council of State noted that appeals against revocation decisions must be filed within a month from notification by the OFPRA. The Council went on to state that the CNDA had not erred in law by considering that the time-limit started running upon the notification (that is, on 17 June 2021), although the applicant argued that the decision did not mention, in the language he had chosen, the possibility to submit his appeal by fax from the facility where he was detained.


The Council of State recalled that applicants were entitled to free legal aid before the CNDA unless their request is rejected as manifestly inadmissible. It also recalled that such free legal aid must be requested within 15 days from from the notification of the decision of the OFPRA and that, in such a case, the 1-month time-limit to file an appeal against the decision was suspended and a new time-limit starts to run. However, the Council of State noted that the applicant failed to submit his request for legal aid in a timely manner (within 15 clear days, rather than 15 days) and to the competent authority, therefore preventing the suspension of the 1-month time-limit. Therefore, the applicant's first appeal was considered to have been lodged outside of the legal time limit and the Council of State rejected his second appeal.


Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
No 467595
Date of Decision
13/11/2023
Country of Origin
Unknown
Keywords
Asylum Procedures/Special Procedures
Legal Aid/Legal assistance/representation
Withdrawal/End/Revocation/Renewal of Protection
Appeal / Second instance determination
Source
Arianeweb
Other Source/Information
Arianeweb
RETURN