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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 10/01/2020
Type : Decision
ECLI : ECLI:FR:CEORD:2020:437464.20200110
Case Number/Citation/ Document Symbol : 437464 C

C.D. and A.B. (Algeria) v French Office of Immigration and Integration (OFII)

Algeria

FR: Council of State ruled on rejection of accommodation for Algerian couple and their two children

The applicants, Algerian nationals, entered France with their two children on 26 November 2019 with a 15 days Schengen visa. Their asylum applications were registered in the normal procedure on 9 December 2019 by the Loire-Atlantique prefecture. On the same day, they accepted the benefit of material reception conditions without being offered housing. The applicants requested the Administrative Court of Nantes to order OFII or the prefecture of Loire-Atlantique to offer them accommodation for them and their two children. On 23 December 2019, their request was rejected. the Council of State confirmed the reasons of rejection, namely that the refusal of accommodation does not constitute a serious and manifestly illegal violation of the right of asylum given the saturation of the reception department, the recent nature of their entry into the system and the absence of elements likely to establish that the applicants are in a priority situation due to medical or psychological distress.

Reception/Accommodation;

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

EASO Courts and Tribunals Network

France, Council of State [Conseil d'État], C.D. and A.B. (Algeria) v French Office of Immigration and Integration (OFII), 437464 C, ECLI:FR:CEORD:2020:437464.20200110, 10 January 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1068