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A.B. – No. 440756

Country France
Status FINAL
Court Council of State
Relevant Law
Year 2020
Found for Applicant

The applicant entered France on 14 May 2020 accompanied by her five-year-old child in need of surgical intervention. They were subsequently refused entry to France and was expelled the same day to Italy. They had applied for asylum when they were apprehended. The Court ruled that the border police were obliged to register their application and to refer it to the relevant authorities. The Court reiterated that the right to lodge an asylum application at the French borders with Italy must be upheld. However, it did not found that there was a case of emergency with regards to safeguarding the rights of the applicant. The Court did find that the French state legislation with regards to Covid-19 restrictions of movement cannot be interpreted to deter a person from seeking asylum or from lodging an asylum application.