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H. – No. 2000570

Country France
Status FINAL
Court Administrative Tribunal of Nice
Relevant Law
Year 2020
Found for Applicant

The Court stated that the decision to refuse entry to the applicant was insufficiently substantiated and that the authorities failed to remove any doubt about the applicant’s age. The applicant, a Moroccan national, stated that he was a minor yet the authorities registered him as an adult. The Court acknowledged that the authorities did not ensure that the public prosecutor was immediately notified so that he could appoint an ad-hoc guardian, nor that the president of the departmental council was immediately informed so that he could assess the applicant’s situation. Nor did the authoritied secured guarantees regarding the conditions in which the applicant would be taken into care in Italy. The Court ruled that the refusal of entry is to be annulled and the applicant allowed entry on the territory with all safeguards granted to minors.