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Country of Decision : France
Court Name : FR: Court of Cassation [Cour de cassation]
Date of decision : 19/09/2019
Type : Decision
Case Number/Citation/ Document Symbol : 18-20297 Decision number: 11900734

J. (Ivory Coast)

The applicant, a national of the Ivory Coast, was placed in police custody on 26 April 2018 for being in possession of false documents and fraud. Eurodac information revealed that he had previously lodged an application for international protection in Italy and on 11 May 2018 the Italian authorities accepted their responsibility to take back the applicant. On 23 May 2018, the applicant asked for an end to his detention. On 24 May 2018, the prefect of Pyrénées-Atlantiques notified the applicant about a transfer order to Italy and that a departure has been scheduled for 7 June 2018. The Courts of Cassation held that an asylum seeker under the Dublin procedure placed in detention pending the response to a request for support by the State responsible for examining their asylum request and detained 13 days between the agreement obtained and the notification of the transfer decision must be released, as this period does not meet the diligence requirement imposed by national law.

Detention/ Alternatives to Detention; Dublin procedure;

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

EASO Courts and Tribunals Network

France,FR: Court of Cassation [Cour de cassation], J. (Ivory Coast), 19/09/2019
FR: Council of State ruled on legality of 13 days of detention between the Dublin agreement obtained and the notification of the transfer decision