France – Court of Appeal of Lyon, 15 January 2019, n° 19/00253
Keywords:
| Keywords |
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Detention
Description
"Restriction on freedom of movement through confinement that is ordered by an administrative or judicial authority(ies) in order that another procedure may be implemented. In an EU asylum context, this means confinement of an asylum seeker by a Member State within a particular place, where the applicant is deprived of his or her freedom of movement. This may occur during any stage of or throughout the asylum process, from the time an initial application is made up to the point of removal of an unsuccessful asylum seeker. In an EU Return context, Member States may only detain or keep in a detention facility a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when: (a) there is a risk of absconding; or (b) the third-country national concerned avoids or hampers the preparation of return or the removal process. Any detention shall be for as short a period as possible and only maintained as long as removal arrangements are in progress and executed with due diligence." |
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Return
Description
"In the context of the Return Directive (2008/115/EC), the process of going back - whether in voluntary compliance with an obligation to return, or enforced - to: - one's country of origin; or - a country of transit in accordance with EU or bilateral readmission agreements or other arrangements; or - another third country, to which the third-country national concerned voluntarily decides to return and in which he/she will be accepted. There are subcategories of return which can describe the way the return is implemented, e.g. voluntary, forced, assisted and spontaneous return; as well as sub-categories which describe who is participating in the return, e.g. repatriation (for refugees)." |
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Health (right to)
Description
Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illness. Member States shall also ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses. |
Headnote:
The Judge of the liberty and detention of the Lyon Court of Appeal released the applicant based on the unavailability of the necessary medical care needed in his country of return.
Facts:
n November 2018, the applicant, an Algerian national, was victim of a stabbing brawl. He had to undergo major surgery the day after his arrest.
The medical certificate of 27 December 2018 stated that the consequences of failure to provide medical care to the applicant are exceptionally serious. It added that his country of origin couldn’t provide him with this care.
On 12 January 2019, a 15-day extension of the applicant's administrative detention was requested.
The applicant appealed against this decision and requested his release.
Decision & reasoning:
The Judge of the liberties and detention considered that on the basis of the medical certificates of the applicant, the consequences of failure to provide medical care to the applicant were exceptionally serious and that his country of origin couldn’t provide him with this care.
In this context, the Judge held that the request to extend the duration of the detention had to be denied and that the applicant was released.
The applicant was reminded of his obligation to leave the French territory.
Outcome:
The appeal was granted and the applicant released.
The applicant was reminded of his obligation to leave the French territory.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| Art. L222-6 |
| L552-4 |
| L.552-9 and L554-1 of the Code on the entry and residence of foreigners (CESEDA) |