The applicant, Sudanese national, entered France from Italy and was apprehendedin a train from Italy entering Menton-Garavan station. The applicant claimed to be a minor but he was returned to Italy the same day. The Court acknowledged that while the minority of the person was not established, the borer police seemed to have afforded different treatment to persons who appeared to be minors by returning them to Italy by train, while other people who were considered adults returned on foot. The doubt of minority should be interpreted to the benefit of the claimant, until proven otherwise. The Court stated that the decision to refuse entry to the applicant was manifestly illegal, and demanded that the decision is suspended.
Court Administrative Tribunal of Nice
Found for Applicant