France - Council of State, 10 February 2016, M.A., No. 373529
Keywords:
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Subsequent application
Description
Where a person who has applied for refugee status in a Member State makes further representations or a subsequent application in the same Member State. Member States may apply a specific procedure involving a preliminary examination where a decision has been taken on the previous application or where a previous application has been withdrawn or abandoned. As with all aspects of the procedures directive, the same provisions will apply to applicants for subsidiary protection where a single procedure applies to both applications for asylum and subsidiary protection. |
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Refugee Status
Description
The recognition by a Member State of a third-country national or stateless person as a refugee. |
Headnote:
The Council of State (the “Council”) overturned an order of the National Court of Asylum (the “NCA”) rejecting a request for annulment of a decision of the French Office for the Protection of Refugees and Stateless Persons (the “OFPRA”) rejecting the Applicant’s request for refugee status or subsidiary protection. The reasoning for the rejection by the NCA was that no new elements had been presented since the previous decision that had been given.
The Council considered that the disclosure by the prefecture to the Sri Lankan Embassy in France (the “Embassy”) of information on the French asylum request of the Applicant constituted a new circumstance which justified a review of the Applicant’s asylum request.
Facts:
By a decision dated 19 July 2011, the Director General of the OFPRA refused to grant the Applicant refugee status or subsidiary protection. A first appeal against that decision was rejected by the NCA on 23 December 2011. The Applicant then renewed his application with the OFPRA and this was again rejected on 30 August 2012. The NCA rejected a request for annulment of that decision by an order dated 5 June 2013 on the basis that no new elements had been presented since the previous decision that had been given.
On 31 January 2013, the prefecture had disclosed to the Embassy the transcript of the Applicant’s interview with the police which mentioned the fact that the Applicant had submitted a French asylum request. This information was disclosed to the NCA on 13 February 2013.
Decision & reasoning:
The Council considered that the disclosure to the Embassy of the transcript of the Applicant’s interview with the police which mentioned the fact that the Applicant had submitted a French asylum request, after such request had been definitively rejected, constituted a new circumstance which could increase the risk of persecution to which the Applicant would be exposed to if he was to return to his country of origin.
The Council stated that the confidentiality of information relating to persons requesting asylum in France constitutes an essential guarantee of the right of asylum which is a principle of constitutional value.
The Council found that by rejecting the Applicant’s request on the basis that no new elements had been presented since the previous decision without considering this new information raised by the Applicant, the NCA failed to consider a valid argument. Therefore, the Applicant was entitled to request the annulment of the contested order.
The Council also stated that the country of origin of the Applicant, the nature of the information and the conditions in which they were disclosed and the risks to the Applicant should now be taken into account in the request for refugee status.
Outcome:
The order of the NCA dated 5 June 2013 is annulled and the case is referred back to the NCA.
Observations/comments:
This case summary was written by Linklaters LLP.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| France - Articles L.712-1 of the Code on the Admission and Residence of Aliens and on the Right to Asylum |