Man saved from deportation after pollution plea in French legal ‘first’

A Bangladeshi man with asthma has avoided deportation from France after his lawyer argued that he risked a severe deterioration in his condition, and possibly premature death, due to the dangerous levels of pollution in his homeland.

In a ruling believed to be the first of its kind in France, the appeals court in Bordeaux overturned an expulsion order against the 40-year-old man because he would face “a worsening of his respiratory pathology due to air pollution” in his country of origin.

“To my knowledge, this is the first time a French court has applied the environment as one of its criteria in such a case,” the unnamed man’s lawyer, Ludovic Rivière, said. “It decided my client’s life would be endangered by the air quality in Bangladesh.”

Yale and Columbia universities’ Environmental Performance Index ranks Bangladesh 179th in the world for air quality in 2020, while the concentration of fine particles in the air is six times the World Health Organization’s recommended maximum.

The court also considered the fact that the drugs the man is receiving in France are not available in Bangladesh, and that the Bangladeshi health system can only provide the night-time ventilation equipment he needs for his sleep apnoea in hospital.

It also heard evidence that the man’s father had died of an asthma attack at the age of 54, Rivière said, and that since arriving in France and beginning treatment, his respiratory capacity had increased from 58% in 2013 to 70% in 2018.

“For all these reasons, the court decided that sending my client back to his country would mean putting him at real risk of death,” the lawyer said. “Respiratory failure as a result of an asthma attack would be almost inevitable.”

The man arrived in France in 2011 after fleeing persecution in his home country. He settled in Toulouse, found work as a waiter, and in 2015 was given a temporary residence permit as a foreign national requiring medical treatment.

In 2017, however, doctors advising the French immigration authorities recommended that his condition “could be adequately treated in Bangladesh”, and two years later the local Haute-Garonne prefecture issued an expulsion order.

A lower court in Toulouse overturned the deportation order in June last year, purely on the grounds that the relevant drugs were not in fact available in the man’s home country. The Bordeaux court went even further in rejecting the prefecture’s appeal, saying that the environmental criterion must also be taken into account.