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06/11/2019
FR: Council of State validates the principle of exchanges of information between the Reception Services (SIAO) and the Office of Immigration and Integration (OFII) considering that they do not question the rights of asylum seekers and refugees

ECLI
Input Provided By
EUAA IDS
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
France, Council of State [Conseil d'État], Fédération des acteurs de la solidarité and others v Council of State (Conseil d'Etat), No. 434376, 434377, 06 November 2019. 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=870
Case history
Related cases:
Abstract

According to the French Office of Immigration and Integration press release

In line with the mobile teams set up by the "Collomb" circular of 12 December 2017 on the examination of administrative situations in emergency accommodation, the law of 10 September 2018 stipulates that the Integrated Reception Services and Guidance for Social Action and Families (SIAO), who manage the "115", report monthly to the OFII the list of asylum seekers and beneficiaries of international protection housed in the housing facility of emergency of common law.

The Interministerial Instruction (Interior, Social Cohesion) of 4 July 2019, which specifies the modalities of cooperation between the SIAO and the OFII and provides for monthly technical meetings, has been challenged by some 40 associations.

In a judgment no. 434376 of 6 November 2019, the Conseil d'Etat rejected the priority question of constitutionality alleging an invasion of privacy and the right to asylum and rejected this appeal.

The High Assembly considered that the Ministers were well qualified to define and organize the modalities of cooperation between OFII and SIAO. He considered that the purposes of the transmission are clear and precise: it aims to allow asylum seekers and beneficiaries of international protection hosted by the "115" to be directed as soon as possible to the accommodation devices which are dedicated to them and to be supported by benefiting from the benefits adapted to their administrative and social situation. The consent of the persons to the treatment is not required for a mission of general interest, and the transmitted data (place of lodging, number AGDREF) are relevant for the purpose. The persons concerned must be informed of the existence of the treatment, their ability to not answer questions and the lack of consequence of a lack of response. The transmitted data will be kept for 3 months.
 

This exchange of information aims to:

- to promote the access of asylum seekers and beneficiaries of international protection to the mechanisms dedicated to them;
- to ensure a coordinated management of dedicated and generalized accommodation facilities;
- to allow the general-purpose emergency shelter system to take care of other distressed publics;
- to ensure that persons accommodated by the State do not receive the additional amount intended to compensate for a lack of accommodation;
- and to offer to those who wish it the assistance for the voluntary return to the country of origin dispensed by the OFII

Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
No. 434376, 434377
Date of Decision
06/11/2019
Country of Origin
Keywords
Data protection
Reception/Accommodation