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29/03/2019
FR: The Council of State reaffirmed its jurisprudence in which the CNDA may refer cases back to OFPRA if the applicants had not been able to make themselves understood

ECLI
ECLI: FR: CECHS: 2019: 419620.20190329
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], MA.B. (Niger) v French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 29/09/2017], 419620, ECLI: FR: CECHS: 2019: 419620.20190329, 29 March 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=993
Case history
Related cases:
Abstract

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

The Council of State reaffirmed its jurisprudence concerning application of Article L. 733-5 of the CESEDA (CE, 22 June 2017, N° 400366) in which the CNDA may refer cases back to OFPRA if the applicants had not been able to make themselves understood during their interview with the Office and if the Office was responsible for this lack of interpreting service provision. In this case, the applicant, a national of Niger, had requested that he be heard by OFPRA in the Zarma language. However, since the Office had no interpreters with this language in their combination, it had held the interview in French. French is the official language of Niger, but the applicant only had a very cursory understanding of French because he had not been to school.

Country of Decision
France
Court Name
FR: Council of State [Conseil d'État]
Case Number
419620
Date of Decision
29/03/2019
Country of Origin
Niger
Keywords
Assessment of Application
Personal Interview/ Oral hearing