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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 24/07/2019
Type : Decision
ECLI : ECLI:FR:CECHS:2019:420298.20190724
Case Number/Citation/ Document Symbol : 420298 C

B.A. vs National Court of Asylum (Cour Nationale du Droit d'Asile)

In this case, the applicant filed an appeal to the Council of State after her appeal to the National Court of Asylum (CNDA) was rejected. The appellant stated she had never been notified of the decision on her asylum application:

The registered letter containing the OFPRA decision had been presented to the address indicated by the person concerned, but given to a person with the same name. For this reason she couldn't file the appeal within the correct timeframe.

The Court ruled that since the delivery of the calling card to a third party who was not qualified to do so, there is an obstacle to the triggering of the time-limit for appeal.

Effective remedy; Second Instance determination;

National law only (in case there is no reference to EU law/ECHR);

EASO Courts and Tribunals Network

France,FR: Council of State [Conseil d'État], B.A. vs National Court of Asylum (Cour Nationale du Droit d'Asile), 24/07/2019, ECLI:FR:CECHS:2019:420298.20190724
FR: The Council of State rules on error of law in the notification of decisions

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1054