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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 26/01/2018
Type : Judgment
ECLI : ECLI:FR:CECHR:2018:397611.20180126
Case Number/Citation/ Document Symbol : N° 397611

M. A, B and M. C vs French Office for the Protection of Refugees and Stateless Persons (OFPRA)

As per the published press release: The Council of State validates the criteria to be met by a new asylum application to be admissible.   Article L.723-16 of the CESEDA makes the admissibility of a request for reconsideration of an asylum application subject, on the one hand, to the presentation of new facts which have occurred or revealed after the rejection of the previous application or new evidence and, secondly, the finding that their probative value is capable of modifying the assessment of the merits of the application for protection in the light of the applicant's personal situation and the situation in his country original. (Rejection of the appeal) See previous judgment: https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=644

Assessment of Application;

EU Charter of Fundamental Rights ; European Convention on Human Rights; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;

EASO Annual Report on the Situation of Asylum in the EU

France,FR: Council of State [Conseil d'État], M. A, B and M. C vs French Office for the Protection of Refugees and Stateless Persons (OFPRA), 26/01/2018, ECLI:FR:CECHR:2018:397611.20180126
FR: The Council of State validates the criteria to be met by a new asylum application to be admissible.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=643