D. 1996, 110
Case Ministre de l’intérieur c. Diomande Granier
9 June 1995
Given that at the time of the decision under attack article 15 of the Ordinance of 2 November 1945, as amended, provided “A resident’s permit is deliverable as of right regardless of the impediments in articles 6 and 9 of the Ordinance … 2° To a foreign child born to a French national if the child is less than twenty-one years old or is being supported by his parents (…)”, “child” here including a child who has been adopted, whether in full or simple form;
Given that it emerges from the dossier that on 11 October 1991 the tribunal de grande instance of Clermont-Ferrand confirmed the adoption by M. François Paul Granier, a French citizen, of M. Diomande Granier, and that at the date of the decision M. Diomande Granier, born on 10 May 1968, was being supported by his adoptive father; that consequently the prefect of Puy-de-Dôme could not in law refuse, as he did on 19 November 1991, to issue the resident’s permit which M. Diomande Granier requested under the provisions of article 15-2° of the Ordinance of 2 November 1945;
Given that it follows that the Minister of the Interior and Public Safety cannot maintain that the administrative tribunal of Clermont-Ferrand was wrong to annul the decision of the prefect of Puy-de-Dôme dated 19 November 1991;
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