Case summaries
A Judge when hearing applications for interim measures may issue an injunction against the administration on the basis of Article L. 521 of the Code of Administrative Justice when the administration’s behaviour reveals a manifest disregard of any of the requirements within the right of asylum and such an action results in serious consequences for the asylum applicant, considering in particular his age, health status and family situation.
There had been a gap of more than one month between the twenty-four hour reconsideration order made by the Judge hearing applications for interim measures, and the offer of material reception conditions made by the French Office for Immigration and Integration. This was notwithstanding the fact that at the time of the injunction, the applicant was already in a situation of extreme vulnerability (with no financial resources and five dependent children). This therefore constituted a violation of the requirements within the right of asylum which was likely to have serious consequences for the asylum applicant.
The case concerns the risk of ill-treatment that the applicant would be exposed to if he were sent back to Chad, where he has been already tortured and summoned by the prosecutorial authorities for alleged collaboration with the rebels.