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France
Country of Decision : France
Court Name : FR: Administrative Court - First Instance [Tribunal administratif - première instance]
Date of decision : 23/03/2020
Type : Order
ECLI :
Case Number/Citation/ Document Symbol : 2001918

Applicant (Afghanistan)

Afghanistan

FR: Administrative Tribunal of Nantes rules on refusal of consular authorities to register family reunification request

The case concerns a request before the juge de référé (a procedure for urgent measures ordered by a single judge). It concerns the refusal of the French consulate in Athens to register the applicant's family reunification request of a separated Afghan family.

The applicant and her family fled Iran for Greece and applied for asylum. She subsequently travelled with her new born child to France while the rest of the family remained in Greece. The applicant and her newborn child were granted international protection in France.

A request for family reunification was submitted to the French consulate in Athens and their request was rejected as the French authorities had already rejected a request for their transfer.

The Administrative Tribunal of Nantes allowed the applicant's request and held that the decisions of the consular authorities failed to consider the urgency of the request for family reunification, and that a refusal may only be due to non-compliance with principles of public order. The tribunal suspended the decisions of the consular authorities and ordered the consulate to decide again on the long-term visa applications within 15 days from the notification of the judge's ordinance.

Access to procedures; Afghanistan; Family Reunification;

Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP);

EASO IDS

France, Administrative Court - First Instance [Tribunal administratif - première instance], Applicant (Afghanistan), 2001918, 23 March 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1125