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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 30/04/2020
Type : Order
ECLI :
Case Number/Citation/ Document Symbol : N° 440250, 440253

La Ligue des droits de l’Homme, l’association Action des chrétiens pour l’abolition de la torture, l’association Kali, l’association Utopia 56, and others

FR: The Council of State ordered the resumption of registrations of asylum applications in Ile-de-France

The Council of State ruled that the Minister of the Interior should re-establish in Ile-de-France, within five days of notification of this order and under the sanitary conditions imposed by COVID-19, the registration of asylum requests, in priority of those emanating from people with a particular vulnerability, and that the French Office for Immigration and Integration should restore to this extent the functioning of its multilingual telephone platform for establishing appointments.

The COVID-19 pandemic and its spread in France led the Minister of Solidarity and Health to take several measures, by orders starting 4 March 2020 on the basis of the provisions of article L. 3131-1 of the public Health Code. By a decree of 14 March 2020, a large number of establishments were closed and by decree of 19 March 2020, the Prime Minister prohibited the movement of any person outside their home, subject to exceptions exhaustively listed. On 23 March 2020 a state of health emergency was declared for a period of two months. By a circular of 16 March 2020, the Minister of the Interior had indicated to the prefects that the reception of applicants for asylum was to continue to be provided. However, the counters for asylum applicants (GUDA) in Ile de France suspended their services on 17 March, with the exception of the one in Paris who suspended activities on 27 March. This general closing of services should have been accompanied by a continued registration of applications by vulnerable persons and by a census run by prefectures and associations of persons intending to apply for asylum. The Council of State found that these measures were insufficient and ordered the reopening of services with the necessary sanitary measures.

Access to procedures; COVID-19/Emergency measures;

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

EASO IDS

France, Council of State [Conseil d'État], La Ligue des droits de l’Homme, l’association Action des chrétiens pour l’abolition de la torture, l’association Kali, l’association Utopia 56, and others, N° 440250, 440253, 30 April 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1141