The applicant was apprehended upon entry into France from Italy. He stated he was a minor. Without conducting an assessment the French authorities returned the applicant to Italy. 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 and guarantees the law grants to minors.
Court Administrative Tribunal of Nice
Relevant Law Article 3 of the UN Convention on the Rights of the Child
Found for Applicant