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M.H stated that he travelled from Ventimiglia by train and was apprehened while checked at the Menton-Garavan station. The applicant asked the police officers who carried out the check to lodge an asylum application, his verbal request having been noticed by passengers on the train. He was held at the Menton-Pont Saint Louis border station for nearly three hours and was refused entry, without the presence of an interpreter and without having been able to register his application. The Court found that the authorities have seriously and manifestly infringed the fundamental freedom that constitutes the right of asylum.

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