Case summaries
France - National Court of Asylum, 5 October 2016, Mme Y., N 14012645
Country of applicant:
Comoros
Keywords:
Effective access to procedures, Best interest of the child, Personal interview, Procedural guarantees, Vulnerable person
Asserting a violation of the procedural rules by the French Office for the Protection of Refugees and Stateless Persons (‘OFPRA’) when a child’s legal representative or any ad hoc administrator was absent from a hearing, the National Court of Asylum (‘CNDA’) annulled OFPRA’s decision and sent the case back to it to be decided again under the correct circumstances.
The CNDA sets out the limits to the principle of family unity in such as it is not applicable to the child of a refugee, the refugee having obtained that status only through application of the said principle following her marriage with a refugee not being the father of the child.
Date of decision:
05-10-2016