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20/02/2019
FR: The Council of State ruled on the Court's duty to approach the Ministry of the Interior as part of an investigative process

ECLI
ECLI: FR: CECHS: 2019: 421212.20190220
Input Provided By
EUAA Asylum Report
Source
Legifra
Other Source/Information:
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], MA.C.B. (Russia) v French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 08/08/2016], 421212, ECLI: FR: CECHS: 2019: 421212.20190220, 20 February 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=988
Case history
Related cases:
Abstract

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019:

In this case, the CNDA had annulled the Office’s decision to end protection on the basis of Article L. 711-6 (1) of the CESEDA, holding that the Note Blanche from the intelligence services tendered in the course of adversarial proceedings was insufficiently specific (jihadist profile). The Council of State annulled the Court’s decision on account of an error in law, since a judge with unlimited jurisdiction has a duty to approach the Ministry of the Interior as part of an investigative process, so as to obtain clarification of the elements appearing in the Note Blanche, rather than focussing solely on its insufficiently specific nature.

Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
421212
Date of Decision
20/02/2019
Country of Origin
Russia
Keywords
Assessment of Application
Second Instance determination