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Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 27/08/2018
Type : Judgment
ECLI : ECLI:FR:CEORD:2018:423267.20180827
Case Number/Citation/ Document Symbol : 423267

M.B. v Administrative Court of Pau (Tribunal Administratif de Pau)

FR: Council of State ruled on a case of refusal to board of a flight to transfer him under Dublin procedure

This judgment stated that when the administration has completed all the procedures with its obligations under a controlled transfer and that the applicant, even though he had complied with the terms of his house arrest and was present several times in the prefecture during this period of summons, refused to board a flight in which a place was reserved for him, this refusal to embark must be regarded as an intentional subtraction to the implementation of his transfer, and consequently the person concerned must be considered to have absconded in the meaning of the Dublin Regulation.

Dublin procedure;

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 Annual Report on the Situation of Asylum in the EU

France, Council of State [Conseil d'État], M.B. v Administrative Court of Pau (Tribunal Administratif de Pau), 423267, ECLI:FR:CEORD:2018:423267.20180827, 27 August 2018. Link redirects to the English summary in the EASO Case Law Database.