A‍ paris administrative court has blocked the transfer of an asylum seeker to ⁤Spanish authorities, citing the individual’s ongoing gender transition​ in France. The court ruled that transferring the asylum seeker would constitute inhuman​ and degrading ⁤treatment.

The decision, issued⁣ on ⁤March 25, overturned ⁢an order by the Paris police prefect. The case hinged on the dublin III regulation, a European union law stipulating that asylum ⁢requests should be processed in the country where ⁣the asylum seeker was first registered.

Under the Dublin III regulation, the country of first‍ registration is responsible‍ for ⁤examining the​ asylum claim. Other EU nations⁤ can return asylum ⁣seekers, sometimes referred‍ to ⁤as Dublinés, to that country for processing.

“A family environment adapted to its situation”

Lawyers for the asylum seeker⁣ argued that ‌their client‌ had begun gender transition by substitution hormone therapy in France. The ⁣court noted the asylum seeker is​ followed by ‌a doctor​ and by a health mediator of the Association ​Espace Santé Trans and benefits ⁤from‍ a family environment⁤ adapted to its situation ‍ as their mother resides legally in France, and ⁢their partner is also present in the country.

The court stated​ that remaining in France allows⁣ him ⁣to evolve in an emotional environment ⁢where he can ‍exteriorize with a certain serenity his transidentity. The ⁤court concluded that ⁣transferring the‌ asylum seeker‍ to Spain could have psychological consequences of a particular gravity and should thus be regarded​ as constitutive of inhuman and degrading treatment ⁢under the European Convention on Human Rights.

The court ordered the French State to register the asylum application and granted ⁢the refugee legal aid,⁢ which ⁢covers lawyer fees for litigants​ with limited income.