The Court found that an unaccompanied minor wishing to apply for asylum cannot be refused entry to France on the grounds that he or she is unable to produce an identity document. The applicant submitted an application for asylum when he was apprehended on 10 July 2020. The Court stated that the border police were obliged to register this application and to refer it to the competent authorities without being able to refuse the applicant entry to France on the grounds mentioned in the refusal decision, namely the absence of an identity document, a ground which, despite the re-establishment of controls at France’s internal land borders, cannot be invoked against an asylum-seeker presenting himself at the border. The Court stated that by refusing the applicant’s entry to the territory, the administrative authority has seriously and manifestly illegally infringed the right to asylum.
Court Administrative Tribunal of Nice
Found for Applicant