Case summaries
France - Council of State, 10 December 2010, Cimade and others, n° 326704
Country of applicant:
France
Keywords:
Personal interview, Procedural guarantees
The transposition of the Asylum Procedures Directive (APD) in French legislation is incomplete on certain aspects (provision of information to applicants for asylum; access to the report of the personal interview under the border procedure) and complete on other aspects.
Date of decision:
10-12-2010
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4,Art 23,Art 14,Art 8.4,Art 10.1 (a),Art 10.1 (b),Art 10.1 (e),Art 35
France – Council of State, 26 June 2009, Mr. A. v Prefect of Bouches du Rhône, No 329035
Country of applicant:
Afghanistan
An intervention by the French urgent applications judge [juge des référés] on the grounds of urgency is not considered until a decision on a transfer of an asylum applicant under the Dublin Regulation has been made. In this case, the asylum applicant was not yet subject to a transfer decision and there was therefore no particular need for an urgent intervention within the 48-hour period, as provided by article L.521-2 of the French Code on Administrative Justice.
Date of decision:
26-06-2009
Relevant International and European Legislation:
Art 10.1 (a),4.