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France
Country of Decision : France
Court Name : FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]
Date of decision : 07/01/2016
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : Joined cases No 15025487, No 15025488

Mme. S wife of M. v OFPRA (Office Français de Protection des Réfugiés et Apatrides)

FR: The CNDA ruled on the admissibility of a subsequent application when new facts or elements related to the applicant's situation arise.

The case concerned the admissibility of a subsequent application.

The CNDA ruled that the request for review is admissible only if the applicant presents new facts or evidence relating to the personal situation or to the situation in the country of origin, subsequent to the final decision taken on the previous request or of which it is proven that he/she could only have learned about it subsequently, and which, if they are convincing, may modify the assessment of the merits or the credibility of the claim in the light of the criteria for claiming international protection.

The CNDA specified that the preliminary examination of admissibility does not however prevent the presentation of facts prior to the final decision, since these facts relate to a real situation of vulnerability which prevented the person concerned from stating it in their previous request.

However, as the CNDA pointed out, the mere observation of a real situation of vulnerability is insufficient to conclude that an element submitted subsequently in support of the request for review is admissible. The applicant must have been prevented from raising these facts or elements in the initial request.

Access to procedures; Personal Interview/ Oral hearing; Subsequent 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 Networks

France, National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)], Mme. S wife of M. v OFPRA (Office Français de Protection des Réfugiés et Apatrides), Joined cases No 15025487, No 15025488, 07 January 2016. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=644