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France / State Council / 371316

Minister of the Interior v M.B.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
State Council
Decision date:

Key facts of the case:

The Minister of the Interior requests the suspension of enforcement of judgments obliging M. B. to leave the French territory and ordering his placement in administrative detention. The Minister of the Interior contests the same judgment of the Court of appeal ordering the Prefect of French Guiana to issue a receipt evidencing the filing of an asylum application until the national asylum Court has ruled on the request of M. B.

Legal questions raised: does the national asylum law imply that the alien whose asylum application has been examined under the priority procedure (applicable when application for asylum is based on a deliberate fraud or constitutes an abuse of asylum procedures or is submitted in order to defeat an imminent deportation (éloignement) – article L741-4 § 4, Code of Entry and Residence of Aliens and the Right to Asylum (CESEDA) ) and then rejected by the French Office for the Protection of Refugees and Stateless persons (OFPRA), is authorized to remain on the territory until the decision of the National Court of asylum (appeal procedure)?