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France
Country of Decision : France
Court Name : FR: Council of State [Conseil d'État]
Date of decision : 29/03/2019
Type : Judgment
ECLI : ECLI: FR: CECHS: 2019: 419620.20190329
Case Number/Citation/ Document Symbol : 419620

MA.B. (Niger) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 29/09/2017]

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

The Council of State reaffirmed its jurisprudence concerning application of Article L. 733-5 of the CESEDA (CE, 22 June 2017, N° 400366) in which the CNDA may refer cases back to OFPRA if the applicants had not been able to make themselves understood during their interview with the Office and if the Office was responsible for this lack of interpreting service provision. In this case, the applicant, a national of Niger, had requested that he be heard by OFPRA in the Zarma language. However, since the Office had no interpreters with this language in their combination, it had held the interview in French. French is the official language of Niger, but the applicant only had a very cursory understanding of French because he had not been to school.

Assessment of Application; Personal Interview/ Oral hearing;

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.B. (Niger) vs French Office for the Protection of Refugees and Stateless Persons (OFPRA) [Decision of 29/09/2017], 29/03/2019, ECLI: FR: CECHS: 2019: 419620.20190329
FR: The Council of State reaffirmed its jurisprudence in which the CNDA may refer cases back to OFPRA if the applicants had not been able to make themselves understood

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=993