France – Council of State, 2 November 2009, Minister of Immigration v Mrs. A., No 332890

Decision & reasoning:

The Council of State recalled that withholding benefits provided for in the Reception Conditions Directive until a definitive decision is taken on an asylum application is likely to result in a grave and manifestly illegal infringement on the asylum applicant’s freedom. The Council of State clarified that even if in theory the Reception Conditions Directive applies to all asylum applicants that have permission to remain in the country (as an asylum applicant regardless of what the examination procedure of their application may be), its scope can be limited in relation to applicants that would not respect their obligations, especially failing to respond to the authorities’ demands. The Council of State also recalled that, according to the EURODAC Regulation, recording fingerprints is mandatory for all persons applying for asylum above the age of 14. The Council of State concluded from this principle that an application for asylum must be accompanied by proof of identity of the asylum seeker. Noncompliance with, or obstruction of, this provision makes the examination of an application impossible and therefore the benefits of the Reception Conditions Directive cannot apply.

A foreigner requesting asylum must prove his/her identity in order to allow national authorities to verify whether or not prior claims were made. Therefore, according to the provisions of the December 11th, 2000 [EURODAC]Regulation which states that asylum seekers older than 14 years must accept to have their fingerprints taken, the national authorities did not make a grave and manifestly illegal infringement on the right to asylum by refusing to deliver a temporary permit of stay to the asylum seeker who refused to comply with this obligation or who, by making the identification of his or her fingerprints impossible, and as a result of this behaviour, the authorities were put in the position of being unable to examine the asylum seeker’s claim. (…)

Outcome:

The appeal was rejected and the decision of the Administrative Tribunal was quashed.

Observations/comments:

The Council of State confirmed this decision on 11 February 2010 (No 336079). It was subsequently taken into account by the French authorities through a circular dated 2 April 2010.  Since the decision in the summary case of CIMADE and Gisti v Minister for the Interior, C 179/11, asylum applicants pending a transfer under a Dublin procedure have the right to accommodation and reception conditions as provided by the Reception Conditions Directive.