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20/02/2019
FR: The Council of State overturned OFPRA's decision based on the lack of effective linguistic assistance received by the applicant.

ECLI
ECLI: FR: CECHS: 2019: 422129.20190220
Input Provided By
EUAA Asylum Report
Source
Legifrance
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], MB.A. (Bangladesh) v French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 26/06/2017], 422129 , ECLI: FR: CECHS: 2019: 422129.20190220, 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=989
Case history
Related cases:
Abstract

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

The Council of State upheld the CNDA’s decision and rejected OFPRA’s appeal on the grounds that the Court’s sovereign assessment on the applicant’s inadequate understanding and mastery of the English language could not be denatured. In this case, the Office’s inadmissibility decision on the grounds of late submission was overturned by the Court, which argued that the applicant, a national of Bangladesh, had received no effective linguistic assistance when being informed in English and French of his rights in custody

Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
422129
Date of Decision
20/02/2019
Country of Origin
Bangladesh
Keywords
Assessment of Application
Bangladesh
Personal Interview/ Oral hearing