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The State v. A. – No. 313915

Country France
Status FINAL
Court Council of State
Relevant Law Council Regulation (EC) No. 343/2003, Article 33 of the 1951 Geneva Convention Relating to the Status of Refugees
Year 2008
Found for Applicant

The case concerned a Russian Chechen applicant for which the Administrative Tribunal of Toulouse decided that he could not be returned to Poland. The State appealed to the Council of State stating that the judge wrongly interpreted French law and that (European) Community legislation permitted the return to Poland. The Council of State found that “the constitutional right to asylum, which has as its corollary the right to apply for refugee status, is one of the fundamental freedoms mentioned in Article L.521-2 of the Code of Administrative Justice, that the implementation of this right implies the possibility, by the French authorities, to ensure the processing of an asylum application even when international or Community law allows it to entrust this examination to another State”.