The Court found that the authorities failed to contest the applicant’s age who had produced a birth certificate confirming his minority. The applicant was refused entry and returned to Italy without appropriate safegaurds the law provides for unaccompanied minors. The Court stated that the police were obliged to immediately notify the public prosecutor of the refusal of entry into France to the applicant for an ad-hoc guardian to be appointed. The decision to refuse the applicant entry to France, which was taken at the same time as his apprehension, as was clear from the release form, without the public prosecutor having been notified of the situation, was not therefore be justified.
Court Administrative Tribunal of Nice
Found for Applicant