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27/08/2018
FR: Council of State ruled on a case of refusal to board of a flight to transfer him under Dublin procedure

ECLI
ECLI:FR:CEORD:2018:423267.20180827
Input Provided By
EUAA Asylum Report
Other Source/Information
Type
Judgment
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], M.B. v Administrative Court of Pau (Tribunal Administratif de Pau), 423267, ECLI:FR:CEORD:2018:423267.20180827, 27 August 2018. 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=635
Case history
Other information
Abstract

This judgment stated that when the administration has completed all the procedures with its obligations under a controlled transfer and that the applicant, even though he had complied with the terms of his house arrest and was present several times in the prefecture during this period of summons, refused to board a flight in which a place was reserved for him, this refusal to embark must be regarded as an intentional subtraction to the implementation of his transfer, and consequently the person concerned must be considered to have absconded in the meaning of the Dublin Regulation.


Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
423267
Date of Decision
27/08/2018
Country of Origin
Keywords
Dublin procedure
Source
Conseil Etat