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M. Mahmoud El Akra, n° 265917 , Conseil d'Etat, 6 décembre 2004, AJDA 2005 Informations rapides p. 285

Facts: M. Mahmoud El Akra (or M. Mahmoud YX ZY as referred in the case), entered France on July 27, 2002 aged 16 to join his guardian (tutor), M. YX Y while his parents were still resident of Egypt. M. YX Y, as guardian of the applicant M. Mahmoud YX ZY, asks for a temporary card to stay in France.

Procedure: the « juge des référés » of the Administrative Court of Cergy-Pontoise rejected M. El Sayed's application for a temporary card to stay in France for the minor Mahmoud El Akra.

Holding: the Conseil d'Etat upheld the decision of the Administrative Court of Cergy-Pontoise and affirmed that foreign minors have a special protection under article 8 of the European Convention and that the applicant could ground his claim under this article. It issued an injunction to the Prefect of Seine-Saint-Denis to grant a temporary card to stay in France to Mahmoud El Akra.

Reasoning: under article 9 of the Decree of November 2, 1945, foreigners aged 16 to 18 wishing to have a paid professional activity are automatically granted a temporary card to stay in France if they meet the conditions of article 12bis and 15 of the Decree, namely that they do not threaten the public order, that they justify to reside in France since he was at most 10 years old and that they were not granted a temporary card with the mention "student" during the previous years of residence in France.

 

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