the Senate adopts the “simplification” of asylum application procedures and litigation in foreigners’ rights

2023-11-10 22:01:01

Senators finished examining the “immigration” bill and more than 600 amendments, after a week of debate, Friday, November 10. The Ministry of the Interior, Gérald Darmanin, says ” satisfied “ for the text to resume “all government measures” and continues to praise the” balance “ of the project despite the numerous tightenings approved such as the abolition of State medical aid (AME) or the questioning of land rights.

Before the solemn vote on the law on Tuesday, and before its examination by the National Assembly in December, the Senate validated on Friday the so-called measures of « simplification » asylum application procedures and litigation in immigration law.

These provisions aim to decide more quickly who has the right to stay in the territory and who must leave. “The main difficulty is not that France is lax, exposed Mr. Darmanin before the Senate, is that we take too long either to say yes or to say no. » For the minister, the slowness of the procedures means that people who are not intended to stay on the territory “unfortunately have time (…) to get married, to have children on French soil and we return to the difficulties of applying deportations at the borders”.

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Six months, compared to “well over a year” today

In terms of asylum, the objective is that an application can be processed in six months, compared to “well over a year” today, underlines the minister. To this end, the bill profoundly reforms the organization of the National Court of Asylum (CNDA). This administrative jurisdiction examines the appeals of asylum seekers who have been rejected before the French Office for the Protection of Refugees and Stateless Persons (Ofpra). It rendered more than 67,000 decisions in 2022, making it the largest administrative jurisdiction in the country. The government wishes to deconcentrate the CNDA by creating territorial chambers and making the single judge the principle for ruling on appeals, whereas today it is a collegial formation of three judges which prevails.

“Collegiality is a guarantee of impartiality, However, believes lawyer Oumayma Selmi, member of the office of Lawyers for the Defense of Foreigners’ Rights (ADDE). Judging quickly does not mean judging better. » The end of collegiality will notably have the consequence of depriving the court of the presence of an assessor judge appointed by the United Nations High Commissioner for Refugees (UNHCR), warned the senator Europe-Ecologie-Les Verts des Bouches -du-Rhône, Guy Benarroche. “It’s depriving yourself of decisive expertise”he declared during the session. “It’s not the revolution,” assured him in return Mr. Darmanin who considers that “the asylum is experiencing a diversion”.

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