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*Law of Aliens

Published on June 13th, 2018 | by Georgia Archonti

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N.T.P. and others v. France (application no. 68862/13) [no violation of Article 3 ECHR], 24 May 2018

On 24 May 2018, the European Court of Human Rights ruled on case N.T.P. and others v. France (application no. 68862/13), which concerns a Congolese woman and her three young children who arrived in France in August 2013 and attempted to submit an asylum application. Her asylum application was not registered and she was given an appointment for approximately three months later. In consequence, as they did not have their status as asylum applicants, they were ineligible for any material or financial assistance from the French state. The applicants unsuccessfully lodged an urgent application before the Dijon Administrative Court seeking an order for their admission as asylum applicants, the authorisation to remain and their placement in a reception centre. The French Council of State dismissed an onward similar appeal. The applicants complain before the ECtHR that their inability to obtain a place in a reception facility on account of the French authorities’ refusal to register their asylum application had exposed them to inhuman and degrading treatment contrary to Article 3 ECHR.

The Court pointed out that the applicants had been accommodated in an association financed entirely by State funds, which included the provision of an evening meal and breakfast. It noted that while the applicants could only stay in the accommodation overnight, two of the children attended nursery school during the day. The applicants also received publicly-funded medical care and were assisted by non-governmental organisations.

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