Order of the Court of Cassation, VI Civil Section, No. 12709 of 20 June 2016

The Court of Cassation upheld the recourse of a Nigerian citizen against the decision of extending his administrative detention in an identification and expulsion centre, in the waiting of decision on international protection. The judge had authorized a further period of detention without hearing the Nigerian citizen and his defense, because the detainee had not requested to be heard. For the Court of Cassation, such conduct implied a violation of the claimant’s rights to defense, which the judge must guarantee when authorizing extending the detention, in the same way as in the proceeding on initial authorization.