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*Law of Aliens

Published on February 6th, 2018 | by Alexandra Katsarou

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SUMMARY: French Council of State No 406826/15 of January 2018- Article R. 733-5 of the Code of Entry and Residence of Aliens and the Right to Asylum- Annulment of the decision of the National Court of Asylum

Keywords: rejection of claimant’s asylum request by a decision of the National Court of Asylum-article R. 733-5 of the Code of Entry and Residence of Aliens and the Right to Asylum- annulment of Court’s decision

No of Decision: 406826/15 of January 2018

Court: French Council of State

Claimant: M…B…A…

Legal Framework:

Article R. 733-5 of the Code of Entry and Residence of Aliens and the Right to Asylum

«The appeal is accompanied by the decision of the Office.  All the documents that will establish the arguments of the application shall be annexed to it. The documents, which are transmitted this way are subject to a numbered list.  The parts of the application, which are conducted in a foreign language have to be accompanied by a translation in French language. Concerning the translation of  civil status documents, it has to be certified as valid by a sworn translator under the conditions provided in Articles 111-1..»

Factual Framework:

The claimant requested that the National Court of Asylum annuls the decision of 28 of August 2015 whereby the General Director of the French Office for the Protection of Refugees and Stateless Persons rejected his asylum application and recognise him as a refugee or, in case of failing that, give him the benefit of subsidiary protection. By the order no 15036082 of 21st of June 2016, the National Court rejected its request. By an appeal submitted on 13 of January 2017 to the Secretary of the French Council of State the claimant requested that 1) it annuls the order mentioned above  und 2) the State will be charged by the payment of the sum of 3.000 euro.

Decision:

The National Court of Asylum noticed that especially the two of the produced papers: 1) a convocation that summoned the claimant to appear to the urban security of Conakry on 2nd  of February 2013 and b) an arrest warrant issued in Conakry on 4 of September 2014 by an investigating Judge of the Court of the First Instance, could not be taken into consideration because they had not been produced under the condition provided in Article R. 733-5 mentioned in the Code of Entry and Residence of Aliens and the Right to Asylum. These documents are conducted in French language, as it constitutes the official language of the Republic of Guinea under the first Article of the Constitution of that State. Furthermore, the first document appeared in a numbered list of documents annexed to the memorial of 29 of January 2016 and the second, if it doesn’t appear in such a list, it was conducted on 23 of May 2016 accompanied with two other documents. By confining itself to asserting that the documents in question had been produced in breach of the abovementioned provisions without specifying the grounds of infringement on which it was based, the Court’s arguments were insufficient. As a result, without being necessary to examine the rest of the arguments of the appeal, the decision mentioned above must be annulled and the French Office for the Protection of Refugees and Stateless Persons may pay the sum of 3.000 euro to the lawyer of the claimant.

Conseil d’ Etat here…





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