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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 16/10/2019
Type : Decision
ECLI : ECLI:FR:CECHR:2019:423478.20191016
Case Number/Citation/ Document Symbol : N° 423478

De Rossi Radriamanpianina vs CNDA (National Court of Asylum) [Cour Nationale du Droit d'Asile]

The Council of State specified the conditions under which the recording of the applicant's interview should be requested by applicant and submitted to CNDA

According to article L. 723-7, the access to the registration of the interview can be obtained from the office or, in the event of an appeal, from the CNDA. The Council of State considers by this decision that it is logical for the applicant to request access to this recording first from the OFPRA, in order to support his appeal.

It appears from the documents in the file submitted to the asylum judge that the appellant did not contest, within the appeal period, the transcript which was made of his interview.

Effective remedy; Personal Interview/ Oral hearing; 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], De Rossi Radriamanpianina vs CNDA (National Court of Asylum) [Cour Nationale du Droit d'Asile], 16/10/2019, ECLI:FR:CECHR:2019:423478.20191016
FR:Council of State rules on access to hearing recording

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1062