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*Law of Aliens

Published on November 1st, 2017 | by Alexandra Katsarou

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SUMMARY: French Council of State No 414705/5 of October 2017-Article L. 521-2 of the Code of Administrative Justice-Reestablishment of the Asylum Seeker’s Allowance

Keywords: the suspension of payment of the asylum seeker’s allowance constitutes a serious and unlawful interference on the asylum’s rights- the president of the court of First Instance has committed an error of law and an error of assessment- Article L. 521-2 and L.522-3 of the Code of Administrative Justice- the Court rejected the complaints submitted by the claimant

No of Decision: 414705/5 of October 2017

Court: French Council of State

Claimant: Ms A….B…

Legal Framework:

1) L. 521-2 of the Code of Administrative Justice

Being seized of a request justified by urgency, the judge hearing the application of interim relief   may order any measure necessary to insure the fundamental freedom, under circumstances in which a legal person governed by  public law or an organization governed by private law, which is in charge of the management of a public service, committed during the exercise of its responsibilities, a serious and illegal infringement. The judge shall decide within 48 hours.

2) L. 522-3 of the Code of Administrative Justice

The judge hearing the application of interim relief may reject an application by justified order, without contradictory instructions or public hearing, in the event that it appears obviously from the request that it does not fall within the jurisdiction of the administrative court, it is inadmissible or unfounded. With regard to this, the appellate judge shall estimate whether he-she takes into consideration the evidence of the written and oral proceedings conducted by the judge of first instance.

Factual Framework:

The claimant requested that the judge of  Amiens Administrative Court order the director of the Office of French Immigration and Integration to restore her rights concerning the asylum seeker’s allowance from its interruption, under penalty of 200 euro per day of delay from the notification of the order. By the order of No 1702602 of 18 September 2017, the judge of  Amiens Administrative Court rejected her request.

By an application submitted on 28 of September 2017 to the secretariat of the litigation of the Council of State, the claimant declared that a) the condition of urgency takes place, as she is deprived of any allowance that enables her to cover her survival needs for an unusually long period (since 31 of March 2017), b) the suspension of  payment of the asylum seeker allowance constitutes a serious and obviously unlawful violation of the asylum’s right, c) the judge hearing the application for interim relief committed an error of law and an error of assessment, since the actual payment of the allowance is not immediate and it occurs only on the fifth of the following month. Consequently, the claimant  asked the judge concerning Article L. 521-2 of the Code of Administrative Justice : a) to cancel this order, b) to grant her request of first distance, c) to charge the State the sum of 3.000 euro under Article L.761.1 of the Code of Administrative Justice.

Decision:

After investigation it occurred that the claimant is benefited from an accommodation since 20 of April 2017, the payment of the asylum seeker’s allowance is reinstated since 19 of September 2017 and ,as she declares, she will be able to receive it on 5 October 2017. As a result, the Court estimated that the condition of urgency within the meaning of L.521-2 of the Code of Administrative Justice is not met and that the claimant’s application should be rejected.

Conseil d’ Etat here…

 





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