Author
Land and air borders
Persons refused entry into the territory after arriving at the border have the possibility to ask for a “full day” (jour franc) that allows them to be protected from removal for 24 hours.[1] In the case of adults, this right must be requested, whereas under the law unaccompanied children cannot be removed before the expiry of the jour franc unless they specifically waive it. The jour franc does not apply to refusals of entry issued at land borders since September 2018, in accordance with the modifications adopted through the 2018 reform.[2]
Overseas France: The jour franc also does not apply to refusals of entry issued in Mayotte since September 2018, in accordance with the modifications adopted through the 2018 reform.[3] It does apply in all other French overseas territories for non-land borders.
As regards external borders, in 2022 Eurostat statistics reported 9,180 third country nationals refused entry, including 2,140 at a land border, 1,235 at a sea border, and 5,085 at an air border.[4] For the first 11 months of 2022, amongst 7,988 refusals of entry at external borders 6,244 persons have been maintained in waiting zones and 5,567 have been returned.[5]
In 2021, the Ministry of Interior communicated the following data on refusals of entry at the land border: 94,692 decisions were notified during 2021, mainly at the French-Italian border.[6] In the first 10 months of 2022, 72,581 such decisions were issued at the border with Italy (40,274), Spain (16,988), Belgium (10,761) and Switzerland (4,558).[7] According to a report of the Court of Auditors published in January 2024, about 89,000 refusals of entry have been notified at French borders in 2023.[8]
In December 2019, several NGOs requested a parliamentary commission with the aim to investigate violations of the law at the border.[9] The issues reported by these NGOs include violent practices, pushbacks, the absence of medical and social care as well as a lack of support to vulnerable applicants including unaccompanied minors. The setting up of a parliamentary commission had already been requested by several French Deputies in November 2019.[10] A parliamentary commission on migration – not limited to border issues – was launched in April 2021 and published a report in November 2021.[11] This report recalls that ‘the violations of rights at our borders have been abundantly documented and denounced’ and ‘it’s time to put an end to it’.
Since 2015, the French police has intensified border controls which aim to prevent asylum seekers from accessing France. Despite the fact that the reintroduction of border controls at the internal borders must be applied as a last resort measure, in exceptional situations, and must respect the principle of proportionality, France has regularly re-introduced border controls at its internal borders in recent years, including continuously since 2015. The current temporary border control is valid from 1 November 2023 to 30 April 2024 and justified by ‘new terrorist threats and external borders situation; internal borders’[12] Moreover, the Council of State validated in October 2019 a temporary border control decision that had been taken in 2018.[13] The Council of State considered that this measure, which is based on ‘“current events and the high level of the terrorist threat prevailing in France’”, leads to a limitation of the freedom of movement that is proportionate to the aim pursued. The decision reintroducing border controls was challenged by NGOs again in 2022, following the CJEU decision on this issue (26 April 2022, C-368/20 and C-369/20).[14] However, the Council of State validated the measure in July 2022, considering that the threat was renewed (despite the CJUE requiring a new threat).[15]
In a decision issued in November 2020, the Council of State indicated that European law does not allow for issuing a refusal of entry to a foreigner arrested while crossing an internal border or close to it, nor does it automatically deprive an asylum seeker from reception conditions i.e. accommodation. The rules from the Return directive must apply.[16] However, in a decision issued in April 2021, the Council of State made a distinction between people arrested after crossing the border, who must be subject to the Return Directive (case law of November 2020), and those who are arrested before crossing the border for whom the refusal of entry is considered compatible with European law.[17]
Following a request from NGOs, the Council of State has requested a preliminary ruling to CJEU about the legal framework applicable in this situation. CJEU stated in September 2023 that where a Member State has reintroduced controls at its internal borders, it may adopt, in respect of a third-country national who presents himself or herself at an authorized border crossing point situated on its territory and where such controls are carried out, a decision refusing entry, provided that the common standards and procedures laid down in the Return directive are applied to that national with a view to his or her removal.[18] In February 2024, the Council of State cancelled the article of law which allowed entry refusals to be made in all circumstances and without any distinction in the context of the reestablishment of internal border controls.[19] The Council notes that the provisions of Ceseda relating to withholding and retention are particularly applicable to them, which provide a framework and minimum guarantees. Finally, he recalls the obligation to respect the right to asylum. It is up to the legislator to define the rules applicable to the situation of people whom the police services intend to send back to a member state of the Schengen area with which France has concluded a readmission agreement – among others, Italy and Spain.
It should be further noted that France has signed around 40 cooperation agreements with other countries, including readmission agreements with European countries such as Kosovo, Serbia, Switzerland, Italy, Lithuania, Estonia, Hungary, Latvia.[20] These agreements should not impact the right to ask for asylum but are often interpreted in practice as taking precedence over all other considerations, especially at the Italian land border.[21]
Access at the UK land and sea borders
According to the UK authorities, attempts to cross the Channel to join the United Kingdom reached a number of 29,437 in 2023,[22] compared to 45,774 persons in 2022 (– 36%) and 28,526 in 2021 (three times more than the number reported in 2020).[23] Regarding the people who arrived during the first three quarters of 2023 (24,833 persons), 71% came from only 7 countries: Afghanistan (19.5%), Iran (10.5%), Türkiye (10.1%), Eritrea (9.7%), Iraq (8.2%), Syria (7.2%), Sudan (5.8%).[24]
According to French authorities, 35,800 persons were detected trying to cross the Channel in 2022 (compared to 51,786 in 2022, 35,382 in 2021, 9,551 in 2020 and 2,294 in 2019). [25] Similarly, the number of migrants rescued at sea decreased to 6,450 persons, compared to 8,323 in 2022, 8,609 in 2021 and 2,036 in 2020. In 2023, at least 12 persons died (5 persons in 2022, 31 persons in 2021) and 4 missing at sea trying to join the United Kingdom. Analysis shows that, like the previous year,[26] the majority of people in small boats crossing the Channel are refugees: according to the british NGO Refugee Council, nearly three quarters (74%) of Channel crossings so far in 2023 are refugees who would be granted asylum if claims were processed.[27]
On September 7, 2023, the prefects of Nord, Pas-de-Calais and Somme adopted an interdepartmental decree authorizing the use of cameras installed on board aircraft in the context of measures against illegal immigration. For 3 months, it allows the use of 76 cameras on board drones, planes and helicopters to monitor a wide coastal strip of 5 km extending over 150 km. The legality of this order is based on a 2022 law allowing border surveillance by cameras, a practice which has developed at other points of entry from May 2023.[28]
In November 2022, a new agreement was signed between the UK and France related to Channel crossings[29] following many others bilateral agreements signed since 2014.[30] Moreover, on 27 April 2022, the Nationality and Border Bill became an Act of law in the UK. As mentioned by the British NGO Refugee Council, the provisions of the Act relating to refugees and the asylum system focus heavily on penalising refugees who travel to the UK through ‘irregular’ means.[31] In addition, the UK government is pursuing its idea of implementing an agreement with Rwanda to externalise asylum process of people arriving illegally in UK.[32] For detailed information, please see AIDA, Country Report: United Kingdom – Update on the year 2023.
Access at the Italian land border
Reports of people being refused entry without their protection needs being taken into account at the Italian border persisted in 2023.[33] In July 2020, the Council of State highlighted to the French Government its legal obligations regarding asylum at the border.[34] The Council of State concluded that by refusing entry onto the territory the authorities had manifestly infringed the right to asylum of the applicants. In a joint statement, six NGOs welcomed the ruling, condemning the fact that these illegal practices are systematically being carried out by the police. The NGOs also urged the Ministry of the Interior to issue public instructions to the border police so that people wishing to seek international protection in France can do so at the French-Italian border as well.[35]
A network of researchers focusing on the Italian land border was also established in 2018 to raise awareness on the issue and to establish a dialogue with civil society.[36] Illegal police operations at the border have been extended from the Menton and Nice areas to the Hautes-Alpes since 2016. Such practices of mass arrest have had an effect on shifting migratory routes, leading migrants to take increasingly dangerous routes through the mountains. By way of illustration, the Italian organisation Doctors for Human Rights (MEDU) denounced at the beginning of 2021 the critical situation of migrants who attempt to reach France from Italy through the Alpine border, highlighting inter alia that snow and freezing winter temperatures make the journey through the mountains particularly dangerous.[37] According to local NGOs, at least 40 persons died from 2015 to 2023 at the south French-Italian border.[38]
Figures on the number of apprehended persons and refusals of entry at the Italian border are not fully available for 2023 at the time of writing of this report. At the south border, in the department of Alpes Maritimes (mainly at border point in Menton), authorities have recorded 44,100 arrests of people trying to enter irregularly in France (a same person can be arrested multiple times), an increase of 10,6% compared to 2022 (about 40,000 persons arrested this year, 26,000 in 2021, 17,000 in 2020 and 16,000 in 2019).[39] 33,429 returns have been implemented at this border. At the north border, in the border point of Montgenevre located in the department of Hautes Alpes, 6,100 persons have been arrested in 2023 (compared to 4,111 in 2022):[40] 4,600 have been returned to Italy and 1,200 minors have been protected by social services in France.[41]
Since July 2023, a ‘border force’ has been implemented at the French-Italian border (reinforced in September 2023) to increase the number of police officers available in this area.[42]
Racial profiling by the Border Police and other police forces deployed in the region of Hautes-Alpes has been reported,[43] whereby illegal return decisions are annulled by the courts.[44]
Moreover, persons who explicitly express the intention to seek asylum have been refused entry by the French authorities on the basis that Italy is responsible for their claim, without being placed under the formal procedure foreseen by the Dublin Regulation.
Media reports documented incidents of unaccompanied children being refused entry by police authorities and directed back towards the Italian border.[45] The Italian Minister of Interior also accused France of such practices back in October 2018. In 2020, French Administrative courts regularly condemned the Prefecture for its illegal practices at the border violating the rights of the children.[46] Several NGOs further published a report in October 2020 on the illegal practices of the French authorities in this regard, which seem to be applied at several borders.[47] In a report published in May 2021, Human Rights Watch stated that ‘French police summarily expel dozens of unaccompanied children to Italy each month in violation of French and international law’.[48] In August 2023, NGOs denounced deprivation of liberty (68 minors were detained at the border on 21st August 2023), illegal pushbacks and lack of support of unaccompanied minors in this area.[49]
Despite strong condemnations by monitoring bodies,[50] civil society organisations,[51] as well as court rulings condemning Prefectures for failing to register the asylum applications of people entering through Italy,[52] practice and official stances remain unchanged. In the report quoted above, ANAFE continued to note in 2022 an ‘unashamed violation of the right of asylum’.[53] In August 2023, Médecins sans Frontières published a report highlighting that ‘people on the move face violence and pushbacks at the Italian-French border.’[54]
The situation could change following the important decision of the Council of State of 2nd February 2024 (see supra): however in the two weeks following the decision, only 23 asylum claims had been registered at the south French-Italian border.[55]
Detention
Border controls have also led to new forms of Detention, including de facto detention in areas such as the police station of Menton, which cannot be accessed by civil society organisations.[56] This has been upheld by the Council of State as lawful during the period necessary for the examination of the situation of persons crossing the border, subject to judicial control.[57] In October 2019, a French Member of European Parliament was refused access to the police station in Menton as it is not considered formally as a place of detention.[58] In a report on detention conditions in the context of immigration in France, published in March 2020, the European committee for the prevention of torture (CPT) reported that the material conditions in the premises in Menton were extremely poor and could jeopardise the right to human dignity of the people placed there. The Committee expressed serious doubts on whether people who are refused entry to the territory are able to know, understand and exercise their rights.[59] This practice continues as of 2023 as local organisations regularly observe. In addition to existing detention premises, authorities have announced in September 2023 the possibility to create 100 new places to maintain people during controls but it seems that this project has not been implemented.[60]
On 10 December 2020, the administrative court of Marseille suspended the decision of the Prefect prohibiting NGO access to the place where migrants are detained at the border in Hautes-Alpes.[61] A similar decision was issued by the administrative court of Nice on 30 November 2020 regarding access to the police station in Menton.[62] In 2021, the prefects of Alpes-Maritime and Hautes-Alpes again issued new decisions denying the access to NGO’s, but the administrative courts of Nice (4 March 2021) and Marseille (16 March 2021), and then the Council of State (23 April 2021), confirmed the illegality of these decisions.[63] However, the Council of State refused the main request, which was the closure of these places of detention. In a similar decision published in September 2022, the administrative court of Grenoble ordered the administration to authorise access to the detention center in the Fréjus tunnel but did not order the closure of this place.[64] The administration complied with the decision.
In a report published in September 2022, the NGO Anafe described the main places of detention at French-Italian border (Menton Garavan, Menton Pont Saint Louis, Montgenèvre, Frejus) and confirmed that many violations of fundamantal rights have been observed there.[65]
A preliminary inquiry into unlawful police practices in Menton was launched in February 2019,[66] but was still pending at the beginning of 2022. In July 2019, several NGOs sent documented requests to the Prosecutor in Nice and to the Special rapporteur on the human rights of the migrants in order to cease violations of fundamental rights at the French-Italian border.[67]
Restrictions and criminalisation of humanitarian assistance
Local habitants support asylum seekers at the border inter alia by rescuing them on the mountain, but the increased restrictions on access to the territory have been coupled with criminalisation of humanitarian assistance. Several persons helping migrants have been prosecuted and ultimately convicted by French courts. Although Cedric Herroux’s sentence was deemed unconstitutional for violating the fraternity principle and quashed,[68] convictions continue to be delivered in other cases.[69] On 26 February 2020, the Court of Cassation further held that the protection of acts of solidarity is not limited to individual and personal actions but also extends to a militant action carried out within an association.[70] Consequently, another conviction of Cedric Herroux was quashed by the Court of appeal of Lyon in May 2020.[71] As reported by a Member of the European Parliament, Damien Carême, actions of volunteers trying to help migrants at the border were still being hindered by the police in the beginning of 2021.[72]
Access at the Spanish land border
The French-Spanish land border is the longest land border of the mainland country (623 km) and as Spain is one of the most important gateway to Europe, many migrants enter in France through this border. Spanish media have reported that migrants are pushed back from France to Spain without appropriate guarantees, in procedures lasting less than 20 minutes.[73] Reports have shown Border Police officials controlling groups of migrants in Hendaye, placing them on board a van and leaving them at the border instead of handing them over to their Spanish counterparts.[74] In February 2021, the border police illegally returned a 16-years old unaccompanied child from Bayonne (France) to Irun (Spain). The NGOs which reported the incident indicated that these illegal practices are recurrent and recalled that the authorities must consider the best interest of the child, in accordance with the United Nations Convention on the Rights of the Child.[75]
Civil society organisations have denounced what appears to be a practice mirroring the methods of the Border Police on the Italian border.[76] Médecins Sans Frontières (MSF) alerted in February 2019 that “[p]eople are denied the opportunity to apply for asylum in France, and minors are not considered as such; they are routinely turned away and sent back to Spain, instead of being protected by the French authorities as the law requires.”[77] Local authorities in Bayonne have also criticised current practice vis-à-vis migrants arriving from Spain.[78] According to the Fundamental Rights Agency (FRA) of the EU, intensified police checks implemented since the beginning of 2021, with the deployment of 1,200 to 1,600 police officers each week, led migrants to take more risks.
In a report published in May 2023, several NGOs documented the increase of police resources at the border, illegal control practices and expeditious procedures which do not allow individual situations and the right to asylum to be taken into account. In 2021 and 2022, authors of this report identified 12 deaths of migrants at this border.[79] For instance, a migrant died in June 2022 when trying to enter France by crossing the Bidasoa River which marks the French–Spanish border, the press reported.[80] Illegal practices at the border have continued in 2023, as shown for example in a TV report broadcast in April 2023.[81]
In June 2023, authorities adopted a bylaw authorising the use of drones for border controls but they ultimately withdrew the text following its challenge before administrative justice.[82]
In the first 8 months of 2021, 31,213 refusals of entry were notified at the Spanish land border, up 146% compared to the same period the previous year.[83] In the first 10 months of 2022, 16,988 such decisions have been issued at the border with Spain (16,988).[84] In the first semester of 2023, 3,481 refusals of entry were notified compared to 6,154 in the same period of 2022 but an increase of readmissions by Spanish authorities (366 in the first semester 2023, 206 in the same period in 2022).[85]
Access at the Swiss land border
Regarding the increase of people arriving irregularly from Switzerland to France, an action plan was signed by both governments to reinforce police cooperation in border area.[86] It is particularly mentioned that people arrested during an attempt to cross illegally or who entered the territory irregularly can be directed as quickly as possible to the appropriate procedure (asylum and/or return). In practice no information is available about the possibility to ask for asylum when arriving from France to Switzerland. No data is published concerning refusals of entry at this border.
Access at borders in overseas territories
Overseas France: In Mayotte, thousands of people arrive each year from Comoros and sometimes from African or Asian countries, especially Sri Lanka. In 2022, 7,839 migrants (6168 in 2021, 3,536 in 2020) were arrested at sea trying to reach Mayotte illegally according to the authorities (no data for 2023).[87] In February 2024, the ministry of Interior has announced that new tools for interception and new radars will be implemented to limit irregular arrivals.[88] In French Guyana, 9,165 refusals of entry were reported in 2023.[89] No data is available for other overseas territories.
Access at airports
In 2023, about 6,250 persons have been detained in the waiting zone of Paris Roissy Airport[90], were almost all decisions of this type are taken (in 2021, 87.7% of decision maintaining people in waiting zones have been issued in Roissy[91] – no data for subsequent years).
At the end of the year 2023, 303 passengers of a flight coming from India have been maintained in an ad hoc waiting zone especially created in a small airport near Paris : 25 Indians have asked for asylum and been transferred to Roissy but they were released by the judge before their request was examined due to procedural irregularities.[92]
ANAFE (the National Association of Border Assistance to Foreigners – Association nationale d’assistance aux frontières pour les étrangers) is an organisation that provides assistance to foreigners in airports. In its Annual report published in September 2020, the organisation highlighted several difficulties in accessing the right of asylum at airports.[93] According to the latter, there is a general lack of information on the right to seek asylum and difficulties occur in the registration of asylum claims at the border. It further highlights the important role of the Police in practice and the obstacles it may create regarding the asylum application. The same difficulties have been reported by ANAFE in a report published in January 2022,[94] in an open-letter in October 2022,[95] and during the 2022’s annual meeting between authorities and NGOs on the situation in waiting zones[96] Similar issues are further described below under the Border procedure (border and transit zones).
Border monitoring
There is no real border monitoring system implemented but some approved NGOs have a right to visit waiting zones and to assist people detained in these places. An annual meeting is organized by authorities to talk with NGOs about issues related to waiting zones.[97]
Moreover, some independent authorities such as the Contrôleur general des lieux de privation de liberté (controller of detention places) or Défenseur des droits (Ombudsman) have the possibility to conduct filed visits and to access all officials documents (police records etc.). In practice this allows for occasional checks but does not constitute a sustainable border control mechanism.
Legal access to the territory
For information regarding family reunification as a way to access the territory, see Family Reunification.
Resettlement
Refugees can legally access the territory through resettlement programmes. France had undertaken to resettle 3,000 people per year since 2022 (previous years’ commitment was for 5,000 people), from sub-Saharan Africa or the Middle East, thereby adding to the initial resettlement commitment of around 100 households per year under a framework agreement concluded with UNHCR in 2008.
In 2023, 3,191 persons were resettled according to the ministry of Interior[98] (UNHCR database count 3,003 resettlements)[99], compared to 3,164 in 2022[100] (3,047 under European commitment and 147 under agreement with UNHCR) and 1,827 in 2021.[101] Detailed data from UNHCR shows that people have been mainly resettled from Lebanon, Türkiye, and Chad, and the majority of them come from Syria :
| Country of origin | Country of asylum | |||||||||
| Lebanon | Türkiye | Chad | Cameroon | Rwanda | Ethiopia | Jordan | Egypt | Others | TOTAL | |
| Syria | 700 | 528 | 211 | 53 | 30 | 1,522 | ||||
| Sudan | 218 | 6 | 62 | 5 | 291 | |||||
| DRC | 222 | 15 | 16 | 253 | ||||||
| Eritrea | 27 | 77 | 17 | 9 | 130 | |||||
| South Sudan | 15 | 39 | 28 | 7 | 89 | |||||
| Somalia | 1 | 70 | 10 | 81 | ||||||
| Myanmar | 14 | 14 | ||||||||
| Afghanistan | 2 | 2 | ||||||||
| Others | 190 | 364 | 21 | 7 | 12 | 27 | 621 | |||
| TOTAL | 700 | 528 | 408 | 364 | 286 | 214 | 211 | 172 | 120 | 3,003 |
People arriving under European commitments are previously heard by OFPRA in the country of asylum. In 2022, 26 OFPRAS’s missions were carried out in Türkiye (4), Chad (4), Cameroon (3), Egypt (3), Jordan (3), Lebanon (3), Ethiopia (2), Niger (2) and Rwanda (2). In 2023, 23 missions took place.[102] People coming with this program are recognised as beneficiaries of international protection when they arrive in Paris and then have complete rights like other refugees in France. However, people arriving in the framework of agreement with UNHCR, not heard previously by OFPRA, are considered as asylum seekers at arrival: their asylum claim is processed quickly and always give rise to protection but the limited access to rights as asylum seekers for several weeks can cause difficulties (particularly in terms of access to health care). The process for the identification of resettled refugees under the UNHCR partnership is described in detail in an EMN response.[103]
All resettled people are welcomed by an NGO on arrival, which directs them towards housing previously found for them. They then benefit from integration support for 12 months by NGO.[104]
Regarding pledges for resettlement and humanitarian admission of Afghans under the EU ‘Afghan support scheme’, France committed to admitting 2,500 from mid-August 2021 to the end of 2022.[105] During this period, 3,134 Afghans were admitted in France: 2,635 during Summer 2021,[106] 526 from September 2021 to December 2021 and 1,095 in 2022.[107] Since 2023, there was no specific scheme for admission of Afghans, but they can exceptionally benefit from humanitarian visas.[108]
Relocations
France also contributes to relocations from Greece to other European countries through a voluntary relocation scheme. From August 2020 to March 2023, 501 unaccompanied minors and 510 members of families (417 asylum seekers and 93 beneficiaries of international protection) were relocated from Greece in this context.[109] This specific programme ended in 2023.
In the framework of the Declaration on a voluntary solidarity mechanism endorsed by 19 EU countries and 4 Schengen associated countries in June 2022, France is committed to relocating 3,000 persons in one year but at the end of 2022 only 38 people had been relocated from Italy and 225 others have been selected for relocation by French authorities in Spain, Italy and Cyprus and waited for transfer.[110] However, IOM reports that 184 have been relocated to France in 2022.[111] According to OFPRA, 8 missions to identify people in need of international protection to relocate have been carried out in Cyprus, Greece and Spain in 2022,[112] and 10 missions in 2023.[113]
Humanitarian visas, corridors and community sponsorship
As mentioned on OFPRA website, a foreign national can apply for an asylum visa at a French representation in their country of origin. In practice, this possibility (considered as a favour and not as a right)[114] is only available in a few embassies, following specific commitments by France. A report on immigration sent by the Ministry of the Interior to the French Parliament in 2023, covering 2021 data, mentions the implementation in 2021 of visa programmes for 327 Syrians and 17 Iraqis in addition to specific operations implemented for Afghans (see supra).[115] he process for the issuance of an asylum visa is described in detail in an EMN response.[116]
Moreover, a protocol signed between the French authorities and religious organisations in 2017 allowed the arrival of 504 people via humanitarian corridors. It was renewed in April 2021 for a target of 300 Syrians or Iraqis from 2021 to 2023. As of November 2023, 103 persons (including 41 children) had been admitted in France under this new protocol.[117]
According to an EMN response, the persons are identified by the 5 participating faith-based associations, who are present in Lebanon, and those organisations take charge of their travel, reception and accommodation until they enter ordinary housing. On arrival in France, the persons are considered asylum seekers and goes through the regular procedure.[118]
Public data on this type of visa does not allow for a clear understanding of this issue, as the “humanitarian visa” category (excluding figures on visa for health issues) includes all these different legal pathways to the territory (including family reunification and resettlement):
| 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | |
| Refugees and stateless persons | 11,931 | 10,874 | 4,402 | 13,807 | 13,763 | 5,942 |
| Subisdiary protection and territorial asylum | 402 | 1,372 | 171 | 228 | 2,043 | 3,637 |
| TOTAL humanitarian visas on asylum | 12,333 | 12,246 | 4,573 | 14,035 | 15,806 | 9,579 |
Source: Ministry of Interior, ‘La délivrance de visas aux étrangers’, 25 January 2024, available in French at: https://bit.ly/3PDKsl4.
[1] Article L. 333-2 Ceseda.
[2] Article L. 361-4 Ceseda. Note that in response to a report by the General Controller of Places of Detention (CGLPL), the Ministry of Interior stated in June 2018 that the jour franc does not apply in the context of reintroduction of Schengen border controls: Ministry of Interior, Response to the CGLPL, 18-019754-A/BDC-CARAC/JT, 7 June 2018, available in French at: https://bit.ly/2SEfU7k, 5.
[3] Article L. 361-4 Ceseda. Note that in response to a report by the General Controller of Places of Detention (CGLPL), the Ministry of Interior stated in June 2018 that the jour franc does not apply in the context of reintroduction of Schengen border controls: Ministry of Interior, ‘Response to the CGLPL’, 18-019754-A/BDC-CARAC/JT, 7 June 2018, available in French at: https://bit.ly/2SEfU7k, 5.
[4] Eurostat, [migr_eirfs], available at: https://bit.ly/3xCejEu.
[5] Loi pour une immigration contrôlée, une intégration réussie, Etude d’impact’, 31 January 2023, available in French at: https://bit.ly/4a9bAAJ, 333.
[6] Annual meeting between the ministry of Interior and NGOs on the management of waiting zones, November 2022 – reported by La Cimade and ANAFE. Map of refusal of entries in 2021 provided by La Cimade, available in French at: https://bit.ly/3Ea43DG.
[7] Ministry of Interior, Débat au Parlement sur l’immigration en France, Press kit, 6 December 2022, available in French at: https://bit.ly/3IpLQmW.
[8] Court of Auditors, ‘La politique de lutte contre l’immigration irrégulière’, 4 January 2024, available in French at : https://bit.ly/4a9jA4E.
[9] Amnesty International France, La Cimade, Médecins du Monde, Médecins sans Frontières, Secours Catholique-Caritas France, Anafé, MRAP, Syndicat des avocats de France, ‘Nous demandons une commission d’enquête parlementaire pour le respect des droits des personnes exilées à nos frontières’, 3 December 2019, available in French at: https://bit.ly/2FS8Vix.
[10] Assemblée nationale, ‘Proposition de résolution nº 2394 tendant à la création d’une commission d’enquête sur la violation des droits humains aux frontières françaises’, available in French at: https://bit.ly/3cj0fD4.
[11] Assemblée nationale, Rapport de la commission d’enquête sur les migrations, les déplacements de populations et les conditions de vie et d’accès au droit des migrants, réfugiés et apatrides en regard des engagements nationaux, européens et internationaux de la France, 10 November 2021, available in French at: https://bit.ly/34aftsC.
[12] European Commission, ‘Member States’ notifications of the temporary reintroduction of border control at internal borders pursuant to Article 25 et seq. of the Schengen Borders Code’, available at: https://bit.ly/40dSdRT.
[13] Council of State, 16 October 2019, available in French at: https://bit.ly/2wHgW8p.
[14] CJEU, Joined cases C-368/20 and C-369/20, 26 April 2022, available at: http://bit.ly/3o41xd2.
[15] Council of State, Decision No 463850, 27 July 2022, available in French at: https://bit.ly/3I3BERa.
[16] Council of State, Decision No. 428178, 27 November 2020, available in French at: https://bit.ly/3ac7REC.
[17] Council of State, Decision No. 450879, 23 April 2021, available in French at: https://bit.ly/34sw8Hv.
[18] CJEU, Case C-143/22, ADDE and Others, 21 September 2023, available at : https://bit.ly/3vgVWUZ.
[19] Council of State, Decision No.450285, 2 february 2024, available in French at : https://bit.ly/3vqNLFv.
[20] GISTI, ‘Accords bilatéraux’, available in French at: https://bit.ly/3tCVLQb.
[21] Practice-informed observation by Forum-Réfugiés, including feedback from other NGOs, January 2023.
[22] The Guardian, ‘Channel crossings: 45,756 people came to UK in small boats in 2022’, 1st January 2023, available at: https://bit.ly/3ka44AK.
[23] BBC News, ‘Channel migrants: Crossings fell in 2023, government figures show’, 1st January 2024, available at: https://bit.ly/4cuvsQs.
[24] Migration Watch UK, ‘Channel crossing tracker’ (online database), available at: https://bit.ly/3ISf2DL.
[25] Préfet maritime de la Manche et de la Mer du Nord, ‘Bilan opérationnel de la préfecture maritime manche et mer du nord 2023’, 2 February 2024, available in French at: https://bit.ly/3vgWni5.
[26] Refugee Council, ‘Majority of people in small boats crossing Channel last year are refugees’, 31 January 2023, available at: https://bit.ly/3xNyCf3.
[27] Refugee Council, ‘Almost three quarters of those crossing the Channel would be allowed to stay in the UK as refugees’, 2 October 2023, available at : https://bit.ly/4auiAI8.
[28] Gisti, ‘Contrôles frontaliers : l’ère des drones’, October 2023, available in French at: https://bit.ly/3PzPorj.
[29]AFP, ‘France, UK sign new deal on thwarting migrant Channel crossings’, 14 November 2022, available at: https://bit.ly/3YCGpYL.
[30] House of Commons Library, ‘Irregular migration: A timeline of UK French co-operation’, 16 December 2022, available at: https://bit.ly/3I5J46f.
[31] Refugee Council, ‘What is the Nationality and Refugee Act?’, available at: http://bit.ly/3A152nw.
[32] BBC, ‘What is the UK’s plan to send asylum seekers to Rwanda?’, 16 January 2023, available at: https://bbc.in/3KtqmZ6.
[33] For example, see Infomigrants, ‘”La police française m’a fait descendre du train”: à Menton, à la frontière italienne, les refoulements s’intensifient’, 28 September 2023, available in French at: https://bit.ly/3PRGbuB; Infomigrants, ‘Les refoulements “sans discernement” de la France vers l’Italie se poursuivent, selon MSF’, 07 August 2023, available in French at: https://bit.ly/4aI9SGq.
[34] Council of State, Decision No. 440756, 8 July 2020, available in French at: https://bit.ly/3acd5QQ.
[35] Amnesty International and others, ‘La France viole le droit d’asile à la frontière italienne’, 10 July 2020, available in French at: https://bit.ly/2JWslIM.
[36] See official website available in French at: https://bit.ly/43wRn5m.
[37] InfoMigrants, ‘Italy-France border situation ‘serious’, says medical rights group MEDU’, 3 November 2021, available at: https://bit.ly/3TxLErB. See also, La Croix, ‘A la frontière franco-italienne, un périlleux “jeu du chat et de la souris”’, 12 December 2023, available in French at : https://bit.ly/4anNamK; InfoMigrants, ‘France : un jeune migrant retrouvé mort dans une rivière des Hautes-Alpes’, 31st of October 2023, available in French at: https://bit.ly/3TNP4rs; ECRE, ‘France: Evictions Continue amid Winter Emergency while Council of State Allows Preventing Media Access’, 12 February 2021, available at: https://bit.ly/3jRTbip.
[38] Roya Citoyenne, ‘Frontiere de tous les dangers: la fermeture des frontieres tue ! – Les décès depuis 2015’, 15 February 2023, available in French at: https://bit.ly/4cxrSFm.
[39] Le Figaro, ‘Immigration : dans les Alpes-Maritimes, plus de 44,000 interpellations à la frontière franco-italienne en 2023’, 02 February 2024, available in French at : https://bit.ly/4cJBYDd.
[40] Le Dauphiné, ‘« Aucun mur n’est infranchissable » : une force frontière inefficace ?’, 28 January 2024, available in French at : https://bit.ly/3Trtyay.
[41] Le Point, ‘A la frontière franco-italienne, un périlleux “jeu du chat et de la souris”’, 12 December 2023, available in French at : https://bit.ly/4cuxtw0.
[42] Gerald Darmanin, ministry of Interior, post on X (ex-Twitter), 12 September 2023: https://bit.ly/3Tppd7C.
[43] Tour migrants, ‘Pratiques policières du contrôle de la frontière : Un an de refoulements (pushbacks) et de déni de droits à la frontière franco-italienne dans le Briançonnais’, 18 January 2023, available in French at : https://bit.ly/3TPOQjp.
[44] Street Press, ‘Dans les Alpes, la police abuse de son pouvoir pour expulser les exilés’, 14 February 2024, available in French at : https://bit.ly/43OdLaN.
[45] la Republica, ‘“Migranti prigionieri per ore”, nuovo caso al confine francese’, 17 July 2019, available in Italian at: https://bit.ly/2Urx8Vh; News Deeply, ‘Dodging death along the Alpine passage’, 25 January 2018, available at: https://bit.ly/2H99SDP; France Culture, ‘Quand les mineurs africains sont abandonnés dans la montagne’, 17 November 2017,available in French at: https://bit.ly/3bar89f.
[46] See e.g., Administrative Court of Nice, Orders No. 2000856, 2000858, 24 February 2020, available in French at: https://bit.ly/3A2fgUB; Administrative Court of Nice, Orders No. 2000570, 2000571 2000572, 7 February 2020.
[47] Amnesty International and others, ‘Les manquements des autorités françaises aux devoirs élémentaires de respecter, protéger et mettre en œuvre les droits des mineur.e.s isolé.e.s étranger.e.s en danger aux frontières intérieures terrestres de la France (frontières franco-italienne, franco-espagnole et franco-britannique)’, October 2020, available in French at: https://bit.ly/3acF5Um.
[48] Human Rights Watch, ‘France: police expelling migrant children’, May 2021, available at: https://bit.ly/3iEsDlb.
[49] France Bleu, ‘Migrants : des associations dénoncent les “traitements inadmissibles” des mineurs dans les Alpes-Maritimes’, 26 August 2023, available in French at : https://bit.ly/43uYN9p.
[50] CGLPL, ‘Rapport de visite des locaux de la police aux frontières de Menton (Alpes-Maritimes) – Contrôle des personnes migrantes à la frontière franco-italienne’, June 2018, available in French at: http://bit.ly/2JjUpzY; National Consultative Commission for Human Rights (CNCDH), ‘Avis sur la situation des migrants à la frontière franco-italienne’, 18 June 2018, available in French at: https://bit.ly/41tSsZv.
[51] See e.g., Anafé, ‘Persona non grata : Conséquences des politiques sécuritaires et migratoires à la frontière franco-italienne’, January 2019, available in French at: https://bit.ly/2E2EJQ6; ECRE, ‘Access to asylum and detention at France’s borders’, June 2018, available at: https://bit.ly/2JaRrSu; La Cimade, ‘Dedans, dehors: Une Europe qui s’enferme’, June 2018, available in French at: https://bit.ly/2MrISQj; Forum réfugiés-Cosi, ‘Pour une pleine application du droit d’asile à la frontière franco-italienne’, 24 April 2017, available in French at: http://bit.ly/3A1nkEU.
[52] See e.g., Council of State, Decision No. 440756, 8 July 2020, available in French at: https://bit.ly/43s4Dbb; 20 Minutes, ‘Nice : La préfecture à nouveau épinglée pour des violations du droit d’asile à la frontière franco-italienne’, 3 March 2020, available in French at: https://bit.ly/39p6CTI; Administrative Court of Marseille, Order No. 1901068, 18 March 2019; Administrative Court of Nice, Order No. 1701211, 31 March 2017; Order No. 1800195, 22 January 2018; Order No. 1801843, 2 May 2018.
[53] ANAFE, ‘À l’abri des regards – L’enfermement ex frame à la frontière franco-italienne’, September 2022, available in French at: https://bit.ly/3Is7RS4.
[54] MSF, ‘Denied Passage : The struggle of people stranded at the Italian-French border’, 4 August 2023, available at : https://bit.ly/3IXOBwF.
[55] Le Figaro, ‘Immigration : Ciotti alerte Darmanin sur la décision du Conseil d’État de limiter les «refus d’entrée»’, 16 February 2024, available in French at : https://bit.ly/43x4d3v.
[56] ECRE, ‘Access to asylum and detention at France’s borders’, June 2018, available at: https://bit.ly/2JaRrSu, 18-19.
[57] Council of State, Order No 411575, 5 July 2017, available in French at: https://bit.ly/3msP3vj.
[58] Francetvinfo, ‘Migrants : Manon Aubry interdite d’accès au centre d’accueil de la police aux frontières de Menton’, 31 October 2019, available in French at: https://bit.ly/2RjtmKq.
[59] Council of Europe, CPT, ‘Rapport au Gouvernement de la République française relatif à la visite effectuée en France par le Comité européen pour la prévention de la torture et des peines ou traitements inhumains ou dégradants (CPT) du 23 au 30 novembre 2018’, 24 March 2020, available in French at: https://bit.ly/39rfnJw.
[60] 20 Minutes, ‘Bientôt un centre pour migrants à Menton ? « Nous allons armer des espaces en plus pour la PAF », rectifie le préfet‘, 18 September 2023, available in French at : https://bit.ly/3TPLfSq.
[61] Le Monde, ‘Frontière franco-italienne : l’interdiction faite aux ONG d’assister les migrants suspendue par la justice’, 17 December 2020, available in French at: https://bit.ly/39okCgi.
[62] Anafe, ‘Refus d’assistance médicale et juridique aux personnes exilées enfermées à la frontière franco-italienne : le tribunal administratif de Nice sanctionne l’Etat’, 1 December 2020, available in French at: https://bit.ly/3GCxLj6.
[63] Ligue des droits de l’homme, ‘Locaux de la PAF : le Conseil d’État rejette la demande de fermeture des locaux’, April 2021, available in French at: https://bit.ly/3HKPxCs.
[64] Administrative Court of Grenoble, Order No. 2205652, 22 September 2022, available in French at: https://bit.ly/3zXFxTN.
[65] ANAFE, ‘À l’abri des regards – L’enfermement ex frame à la frontière franco-italienne’, September 2022. Available in French at: https://bit.ly/3Is7RS4.
[66] Ligue des Droits de l’Homme, ‘Violences policières et administratives contre des migrants : une enquête préliminaire à Menton’, 5 February 2019, available in French at: http://bit.ly/3KZwRTn.
[67] Médecins du Monde, ‘Atteintes aux droits à la frontière franco-italienne’, 16 July 2019, available in French at: http://bit.ly/3UEec2s.
[68] For further information, see AIDA, Country Report: France – 2021 Update, April 2022, available at: https://bit.ly/407wxpU, 30.
[69] See e.g. La Croix, ‘Le délit de solidarité est toujours sanctionné’, 15 January 2020, available in French at: https://bit.ly/35UplBq ; Anafé et al, ‘Les 7 de Briançon lourdement condamné·e·s par le tribunal de Gap’, 13 December 2018, available in French at: http://bit.ly/3mzOTCd.
[70] Court of Cassation, Decision 19-81.561, 26 February 2020, available in French at: http://bit.ly/41v9tCr.
[71] Le Monde, ‘Symbole de l’aide aux migrants, Cédric Herrou relaxé par la cour d’appel de Lyon’, 13 May 2020, available in French at: https://bit.ly/3ohlBmM.
[72] Damien Carême, ‘Le harcèlement, lors des maraudes, à la frontière avec l’Italie doit cesser !’ 19 January 2021, available in French at: https://bit.ly/36gPKfS.
[73] El País, ‘Francia usa una medida antiterrorista para devolver migrantes a España’, 1 September 2018, available in Spanish at: https://bit.ly/2Cxr85Q.
[74] Ibid.
[75] ANAFE, ‘L’Etat français renvoie illégalement un enfant à la frontière franco-espagnole’, 10 February 2021, available in French at: https://bit.ly/3aXP1l0.
[76] MSF, ‘Migrants trapped in relentless cycle of rejection on French-Spanish border’, 6 February 2019, available at: http://bit.ly/3L0ZVdh. See also Accem et al., ‘Augmentation des arrivées en Espagne : l’Europe doit sortir la réforme de Dublin de sa paralysie’, 4 December 2018, available in French at: http://bit.ly/3UFwcKa.
[77] MSF, ‘Migrants trapped in relentless cycle of rejection on French-Spanish border’, 6 February 2019, available at: http://bit.ly/3L0ZVdh.
[78] New York Times, ‘French Mayor Offers Shelter to Migrants, Despite the Government’s Objections’, 12 February 2019, available at: http://bit.ly/3UyOVXG.
[79] ANAFE, CAFI, ‘Contrôles migratoires à la frontière franco-espagnole : entre violations des droits et lutes solidaires’, 10 May 2023, available in French at : https://bit.ly/4avo8lE.
[80] Le Matin, ‘Corps d’un migrant retrouvé dans le fleuve qui sépare Espagne et France’, 18 June 2022, available in French at: https://bit.ly/3Z1u3cW.
[81] Arte TV, ‘France-Espagne : expulsion illégale de mirgants’, April 2023, available in French at : https://bit.ly/4audpbq.
[82] GISTI, ‘Recours contre l’arrêté du préfet des Pyrénées Atlantiques autorisant l’utilisation de drones pour la surveillance de la frontière franco-espagnole’, 27 September 2023, available in French at : https://bit.ly/49605sA.
[83] La Dépêche du Midi, ‘Route migratoire : la frontière franco-espagnole est désormais la deuxième porte d’entrée sur le territoire français’, available in French at: https://bit.ly/3uDe4FE.
[84] Ministry of Interior, ‘Débat au Parlement sur l’immigration en France’, Press kit, 6 December 2022, available in French at: https://bit.ly/3IpLQmW.
[85] InfoMigrants, ‘Pays basque : le Conseil d’État interdit l’usage de drones pour surveiller les migrants à la frontière espagnole’, 26 July 2023, available in French at : https://bit.ly/3x8V1pX.
[86] Confédération suisse, ‘La Suisse et la France unissent leurs forces pour lutter contre les migrations secondaires et les passeurs’, 27 October 2023, available in French at : https://bit.ly/4alkStm.
[87] Assemblée Nationale, ‘Rapport d’information sur les enjeux migratoires aux frontières Sud de l’Union européenne et dans l’océan indien’, 31 May 2023, available in French at : https://bit.ly/4aqLoRW.
[88] BFM, ‘Gérald Darmanin à Mayotte: le ministre de l’Intérieur annonce “la fin du droit du sol” sur l’île’, 11 february 2024, available in french at : https://bit.ly/4aunBAm.
[89] Court of Audotirs, ‘La politique de lutte contre l’immigration irrégulière’, 4 January 2024, available in French at : https://bit.ly/4a9jA4E.
[90] Le Monde, ‘Avec la PAF de Roissy, qui traque les candidats à l’immigration irrégulière : « Le risque, pour nous, c’est de ne pas pouvoir les renvoyer »’, 9 February 2024, available in French at : https://bit.ly/43yjnpc.
[91] Ministère de l’Intérieur, ‘Compte-rendu de la réunion annuelle sur le fonctionnement des zones d’attente 2022’, 8 November 2023, available in French at : https://bit.ly/3xdThMf.
[92] AFP, ‘Avion immobilisé dans la Marne : vingt-cinq ressortissants Indiens libérés par la justice de la zone d’attente‘, 27 December 2023, available in French at : https://bit.ly/3VydLtl.
[93] ANAFE, Annual report 2019, available in French at: https://bit.ly/3a5GM6k, 66.
[94] ANAFE, Fermons les zones d’attente, January 2022, available in French at: https://bit.ly/339UjKt.
[95] ANAFE, ‘Lettre ouverte : l’Anafé appelle les parlementaires à visiter et fermer les zones d’attente [Communiqué de presse]’, 25 October 2022, available in French at: https://bit.ly/3kEBmbs.
[96] Ministère de l’Intérieur, ‘Compte-rendu de la réunion annuelle sur le fonctionnement des zones d’attente 2022’, 8 November 2023, available in French at : https://bit.ly/3xdThMf.
[97] Ministère de l’Intérieur, ‘Compte-rendu de la réunion annuelle sur le fonctionnement des zones d’attente 2022’, 8 November 2023, available in French at : https://bit.ly/3xdThMf.
[98] Ministry of Interior, Chiffres clés – Les demandes d’asile, 25 January 2024, available in French at: https://bit.ly/3xaPpvu.
[99] UNHCR, Resettlement data finder (database), available at: https://bit.ly/43BaTO0.
[100] European network on migration (ENM) France, ‘Annual report’, April 2023, available at: https://bit.ly/3x57Gds.
[101] UNHCR, Resettlement data finder (database), available at: https://bit.ly/43BaTO0.
[102] OFPRA, ‘Premières données de l’asile 2023 [chiffres provisoires]’, 23 January 2024, available in French at: https://bit.ly/3xaPG1u.
[103] EMN, Ad-Hoc Query on 2022.58 Resettlement, humanitarian admission and sponsorship programmes, July 2023, available at: https://bit.ly/3U8uMJr, 39.
[104] Ministry of Interior, ‘Instruction du 23 mai 2023 relative aux orientations de la politique d’accueil des réfugiés réinstallés pour l’année 2023 NOR : IOMV2313875J’, available in French at : https://bit.ly/4a8ERM0.
[105] European parliament, ‘Overview of pledges for resettlement and humanitarian admission of Afghans, 2021-2022’, available at: https://bit.ly/3mfmP6s.
[106] Ministry of Foreign Affairs, Centre de crise et de soutien, Activity report 2022, available in French at: https://bit.ly/3KDMFv9.
[107] DIAIR, ‘Opération APAGAN : accueillir les réfugiés menacés par les Talibans’, 23 January 2023, available in French at: https://bit.ly/3UeEEQp.
[108] See for example : Le Monde, ‘La France accueille cinq Afghanes « menacées par les talibans »’, 4 September 2023, available in French at : https://bit.ly/3TAuiKs.
[109] IOM-UNHCR, Voluntary scheme for the relocation from Greece to other European countries, available at: https://bit.ly/370FDyL.
[110] European network on migration (ENM) France, ‘Annual report’, April 2023, available at: https://bit.ly/3x57Gds.
[111] IOM, ‘EEA Relocation in 2022’, available at : https://bit.ly/3ISVMpN.
[112] OFPRA, ‘Activity report’, p.8, available in French at : https://bit.ly/49eglrk.
[113] OFPRA, ‘Premières données de l’asile 2023 [chiffres provisoires]’, 23 January 2024, available in French at: https://bit.ly/3xaPG1u.
[114] Conseil d’Etat, 9 July 2015, M. Allak, No. 391392, available in French at: https://bit.ly/3JW5LMj.
[115] Ministère de l’Intérieur, ‘Les étrangers en France – rapport au Parlement sur les données de l’année 2021’, 15 June 2023, available in French at: https://bit.ly/3JnxpRp.
[116] EMN, Ad-Hoc Query on 2022.58 Resettlement, humanitarian admission and sponsorship programmes, July 2023, available at: https://bit.ly/3U8uMJr, 39.
[117] Sant Egidio, ‘Cinq familles de réfugiés arrivent du Liban grâce aux Couloirs humanitaires’, 10 November 2023, available in French at : https://bit.ly/49bg4W4.
[118] EMN, Ad-Hoc Query on 2022.58 Resettlement, humanitarian admission and sponsorship programmes, July 2023, available at: https://bit.ly/3U8uMJr, 39.