Skip Ribbon Commands
Skip to main content
France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 20/02/2019
Type : Judgment
ECLI : ECLI: FR: CECHS: 2019: 421212.20190220
Case Number/Citation/ Document Symbol : 421212

MA.C.B. (Russia) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 08/08/2016]

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019:

In this case, the CNDA had annulled the Office’s decision to end protection on the basis of Article L. 711-6 (1) of the CESEDA, holding that the Note Blanche from the intelligence services tendered in the course of adversarial proceedings was insufficiently specific (jihadist profile). The Council of State annulled the Court’s decision on account of an error in law, since a judge with unlimited jurisdiction has a duty to approach the Ministry of the Interior as part of an investigative process, so as to obtain clarification of the elements appearing in the Note Blanche, rather than focussing solely on its insufficiently specific nature.

Assessment of Application; Second Instance determination;

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

EASO Annual Report on the Situation of Asylum in the EU

France,FR: Council of State [Conseil d'État], MA.C.B. (Russia) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 08/08/2016], 20/02/2019, ECLI: FR: CECHS: 2019: 421212.20190220
FR: The Council of State ruled on the Court's duty to approach the Ministry of the Interior as part of an investigative process

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=988