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Conseil d'Etat — Special Part — Immigration Law

Date Citation Note
12.04.2002 CE, Full Court Opinion SA Financière Labeyrie Tax, interest for late payment
Eventhough it refuses, in the case of interest for late payment charged to taxpayers, to find the existence of penal sanctions within the meaning of Article 6 of the European Convention on Human Rights, the Council of State agrees to examine whether tax law introduces discrimination between taxpayers which are contrary to Article 14 of the Convention
11.06.1999 A.J.D.A. 1999, 789 Case Ministre de l’intérieur c. M. El Mouhaden The Conseil d'Etat has the power to review the decisions of lower courts which examine the facts of a case to ensure that a deportation order will not interfere excessively with the right to a private and family life.
11.06.1999 A.J.D.A. 1999, 789 Case M. Cheurfa The Conseil d'Etat has the power to review the decisions by which lower courts examine whether or not a deportation order is justified by a threat to public safety.
25.09.1998 J.C.P. 1998, IV, 1043
Case Rajkumar
Pursuant to the Geneva Convention on asylum, the State cannot refuse an asylum seeker refugee status on the grounds that he has committed a crime on the French territory (territory of the country of refuge).
09.07.1997 A.J.D.A. 1997, 906
Case Melle Kang
Pursuant to the Geneva Convention on asylum, a minor can request refugee status; if the minor acts without a legal representative, the competent bodies must enable him to regularize his request.
09.06.1995 D. 1996, 110 Case Ministre de l’intérieur c. Diomande Granier A foreign child adopted by a French national is entitled to a residence permit even where the adoption maintains links with the child’s biological parents.
27.01.1995 A.J.D.A. 1995, 399 Case Mlle Gal An asylum seeker is allowed to bring a second application before the competent bodies either where new facts arose after the first decision or where facts that had arisen before the first decision only came to be known afterwards by the applicant.
02.12.1994 R.F.D.A. Jan.-Feb. 1995, 11 (1), 86 Case Mme Agyepong As a general principle of law, refugee status must be granted to a refugee’s close relatives.
25.05.1992 No.88435 Case Ministre de l’Intérieur / Djeffal According to the Conseil d'Etat, a foreigner condemned to prison sentences for robberies with violence and intentional assault and battery is not a serious threat to public safety.
25.05.1992 R.F.D.A. Jan.–Feb. 1992, 8 (1), 90
Case Préfet de l’Hérault c. M. Dakoury
Unless the only purpose of his/her request is to avoid the enforcement of an expulsion order, an asylum seeker has the right to stay on the French territory until the competent bodies decide his/her case.
13.12.1991 R.F.D.A. Jan.–Feb. 1992, 8 (1), 90 Case M. Nkodia A prefect cannot order the expulsion of an asylum seeker whose request has been dismissed, on the basis of the provisions of the decree of 2nd November 1945 relating to foreigners who entered, without a first residency permit on the French territory. Indeed, such an expulsion can only be ordered on the basis of the provisions relating to foreigners who stayed on the French territory after their permit had expired.
17.05.1991 Quot. jur., n° 137, 14 nov. 1991, 6 Case Ministre de l’intérieur c. Uriarte Diaz De Guerenu In the case of the deportation of a foreign national in absolute emergency, the Conseil d'Etat has power to exercise a "full review" on whether there is a particularly serious threat to public safety. According to the Conseil d'Etat, an illegal immigrant closely linked to a terrorist group is a serious threat to public safety.