Access to the territory and push backs

Author

Forum Réfugiés Visit Website

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 2023 Eurostat statistics reported 9,650 (estimation) third country nationals refused entry (compared to 9,180 in 2022), including 1,670 at a land border (2,140 in 2022), 1,345 at a sea border (1,235 in 2022), and 6,635 at an air border (5,085 in 2022).[4] For 2024, Eurostat statistics reported 10,235 (estimation) third country nationals refused entry, including 1,295 at land borders, 1,145 at sea borders, and 7,800 at air borders. [5]

According to a report of the Court of Auditors published in January 2024,[6] about 89,000 refusals of entry were notified at French borders in 2023 (compared to 94,692 in 2021[7] and 72,581 in the first 10 months of 2023[8]). No more recent data are available. Moreover, the legal framework has been clarified, and refusals of entry can no longer be indiscriminately notified at internal borders.

Indeed, in a decision issued in November 2020, the Council of State indicated that European law does not allow for the issuance of 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.[9] 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 was considered compatible with European law.[10]

Following a request from NGOs, the Council of State requested a preliminary ruling to CJEU about the legal framework applicable in this situation. In September 2023, the CJEU stated that where a Member State has reintroduced controls at its internal borders, it may adopt, in respect of a third-country national who presents themself at an authorised 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 in view of their removal.[11] In February 2024, the Council of State cancelled the article of law which allowed refusals of entry to be issued in all circumstances and without any distinction in the context of the reestablishment of internal border controls.[12] The Council noted that the provisions of Ceseda relating to deprivation of liberty to verify identity (‘retenue administrative’) and administrative detention (‘rétention’) are particularly applicable to them, which provide a framework and minimum guarantees. Finally, it recalled the obligation to respect the right to asylum. It concluded that 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.

Since 2015, the French police have 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, covering all land, sea and air internal borders is valid from 1 November 2024 to 30 April 2025 and justified by security threats and impact of irregular crossings on the Channel and North Sea borders.[13] France has already notified the Commission of the renewal of these from 1 May 2025 to 31 October 2025, based on the same reasons.[14]

Serious threats to public policy, public order, and internal security posed by high-level terrorist activities, the growing presence of criminal networks facilitating irregular migration and smuggling, and migration flows that risk infiltration by radicalised individuals, as well as the irregular crossings on the Channel and North Sea borders, along with rising violence among migrants, particularly in northern coastal areas such as Dunkirk and Calais, leading to tense and dangerous situations involving both migrants and law enforcement; borders with Belgium, Luxembourg, Germany, the Swiss Confederation, Italy, and Spain (land, air, and sea).

In various instances, the reintroduction of internal border checks was subject to judicial control. In October 2019, the Council of State validated a temporary border control decision that had been taken in 2018.[15] 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).[16] However, the Council of State validated the measure in July 2022, considering that the threat was renewed (despite the CJUE requiring a new threat).[17] In a decision of March 2025, this court once again ruled that the system was legal and compliant with the new Schengen Code.[18]

In October 2024, an NGO published a report documenting the various attacks on associative freedoms and solidarity movements at the borders with Italy, Spain and the UK.[19]

In February 2025, the French Prime Minister announced that the “border force” experimented at the French-Italian border would be extended to the entire country.[20] It enables the mobilisation of border reinforcements from several services.

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, and with South and Central America countries such as Argentina, Mexico, or Brazil.[21] 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.[22]

Access at the UK land and sea borders

According to the UK authorities, attempts to cross the Channel to join the United Kingdom reached 36,816 in 2024,[23] compared to 29,437 in 2023 (+25%),[24] 45,774 persons in 2022 and 28,526 in 2021 (three times more than the number reported in 2020).[25] Regarding the people who arrived during the first three quarters of 2024 (29,851 persons), 78% came from only 8 countries: Afghanistan (16%), Iran (13%), Syria (11%), Vietnam (11%), Eritrea (7%), Iraq (7%), Türkiye (7%), and Sudan (6%)[26].

According to French authorities, 45,203 persons were detected trying to cross the Channel in 2024 (compared to 35,876 in 2023, 51,786 in 2022, 35,382 in 2021, 9,551 in 2020 and 2,294 in 2019).[27] Similarly, the number of migrants rescued at sea increased to 6,310persons, compared to 4,858 in 2023, 8,323 in 2022, 8,609 in 2021 and 2,036 in 2020. In 2024, at least 82 persons died (12 in 2023, 5 persons in 2022, 31 persons in 2021) at sea trying to join the United Kingdom.[28] Analysis shows that 93% of small boat arrivals to the UK from 2018 to March 2024 claimed asylum and amongst those who had received an initial decision by 31 March 2024, around three quarters were successful.[29]

On 7 September 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 allowed 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.[30] Other administrative decisions have subsequently extended these surveillance resources, which were still in place at the beginning of 2025.[31]

On 4 July 2024 the UK held a general election, and the Labour party was elected, replacing the previous

Conservative government. Several policy changes were implemented, including ending the Rwanda plan and restarting processing of all asylum claims. For detailed information, please see AIDA, Country Report: United Kingdom – Update on the year 2024.

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 2024.[32] In July 2020, the Council of State highlighted to the French Government its legal obligations regarding asylum at the border.[33] 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.[34]

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.[35] 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.[36] According to local NGOs, at least 48 persons died from 2015 to 2025 at the south French-Italian border.[37]

Figures on the number of apprehended persons and refusals of entry at the Italian border are not fully available for 2024 at the time of writing of this report (April 2025). At the south border, in the department of Alpes Maritimes (mainly at border point in Menton), authorities recorded 15,000 arrests of people trying to enter France irregularly in 2024 (taking into account that the same person can be arrested multiple times), an decrease of 64% compared to 2023 (about 42,000 persons arrested in 2023, 40,000 in 2022, 26,000 in 2021, 17,000 in 2020 and 16,000 in 2019).[38] 33,429 returns were implemented at this border in 2023 – figures are not available for 2024.

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.[39]

Despite strong condemnations by monitoring bodies,[40] civil society organisations,[41] as well as court rulings condemning Prefectures for failing to register the asylum applications of people entering through Italy,[42] practice and official stances remain unchanged. ANAFE continued to note in 2022 an ‘unashamed violation of the right of asylum’.[43] In August 2023, Médecins sans Frontières published a report highlighting that ‘people on the move face violence and pushbacks at the Italian French border.’[44]

In order to remind the authorities of both the applicable legal framework and the factual reality observed on site, on 23 April 2024 the Ombudsperson published a decision regarding respect for the rights of people stopped and questioned at the French-Italian internal border by French security forces, in the Hautes-Alpes and Alpes-Maritimes departments.[45] This report reveals serious and massive violations of the rights of asylum seekers who are stopped there. Firstly, people who have expressed their wish to apply for asylum are redirected to Italy by the Menton border police. Likewise, no information on the right to asylum is spontaneously given to people, either at the time of arrest, on arrival at the station, or when they are notified of the refusal of entry. In her observations, the Ombudsperson also notes the systematic refusal of the authorities to pass on any asylum applications that may be made at the border. The relevant authorities stand by these illegal practices, who either openly question or ignore the applicable law, which is regularly clarified and reiterated by the courts. For example, during the first two years of the reinstatement of internal border controls, the authorities justified these practices by explaining to observers on site that the people stopped in this way were not expressing their desire to seek asylum in France. From 2017 onwards, the authorities’ position changed, asserting that they had no asylum obligations in the context of the controls and refusals of entry carried out in the context of the re-establishment of internal border controls. Finally, in February 2022, during the observation mission carried out by the Ombudsperson at the French Italian border, the authorities concerned maintained that the asylum system at the border could not be applied outside the framework of the waiting zone. These positions are legally unfounded, as the legal framework in force should enable these applicants to fully exercise their rights and have their asylum application considered by the French authorities. The authorities’ practices, as described above, are therefore in contradiction with current law, as interpreted by the CJEU and the Conseil d’État in 2023 and 2024.

Racial profiling by the Border Police and other police forces deployed in the region of Hautes-Alpes has been regularly reported this in recent years,[46] and illegal return decisions are annulled by the courts.[47]

At this north part of the border, in the border point of Montgenevre located in the department of Hautes Alpes, the change in the legal framework (CJEU and Council of State decisions, see supra) limited returns to Italy during the first three quarters of 2024: in the first 8 months of the year, the police stopped 2,689 foreigners, but generally let them enter freely.[48] However, the NGOs noted a hardening from November 2024 onwards, with ‘a very sharp increase in readmissions to Italy of exiled people, many of whom wanted to seek asylum in France’.[49] Médecins du Monde notes in a report that ‘asylum applications were either simply ignored, or the conditions proposed for the interview were unsuitable’ while ‘for other people not covered by the asylum procedure, [they note] also the non-respect of several rights, notably relating to administrative detention’.[50]

In 2023, 6,100 persons were arrested in Hautes-Alpes (compared to 4,111 in 2022),[51] 4,600 were returned to Italy and 1,200 minors were protected by social services in France.[52]

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.[53] 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.[54] 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.[55] A new visit was organized by the CPT in autumn 2024, but its conclusions have not yet been published at the time of writing (April 2025). This practice continues as of 2023 as local organisations regularly observe. In addition to existing detention premises, authorities announced in September 2023 the possibility to create 100 new places to maintain people during controls, but this project was not implemented.[56]

In its aforementioned April 2024 decision, the Ombudsperson refers to ‘a deprivation of liberty outside any legal framework’, stating that ‘a large number of people intercepted find themselves locked up for several hours, or even an entire night, in premises presented as ‘shelter’ spaces, without any legal basis and in undignified conditions’.[57]

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.[58]

A preliminary inquiry into unlawful police practices in Menton was launched in February 2019,[59] but there was no information available on its status as of April 2025. 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.[60]

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 access France through this border. In 2024, almost 15,000 arrests were recorded.[61] In the first semester of 2023 (no data for the entire year), 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).[62]

Illegal returns to Spain still seem to be practised in 2024.[63]

Civil society organisations have denounced what appears to be a practice mirroring the methods of the Border Police on the Italian border.[64] 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.’[65] Local authorities in Bayonne have also criticised current practice vis-à-vis migrants arriving from Spain.[66] According to the Fundamental Rights Agency (FRA) of the EU, police checks have intensified since the beginning of 2021, with the deployment of 1,200 to 1,600 police officers each week, which in turn led migrants to take more risks while trying to cross the border.

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.[67] 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.[68] Illegal practices at the border have continued in 2023, as shown for example in a TV report broadcast in April 2023.[69]

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.[70]

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.[71] 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 2023, about 8,600 migrants[72] (7,839 in 2022, 6168 in 2021, 3,536 in 2020) were arrested at sea trying to reach Mayotte illegally according to the authorities (no data for 2024).[73] Radar and aerial resources are deployed for maritime surveillance of the island.[74] In French Guyana, 9,165 refusals of entry were reported in 2023 (no more recent data available).[75] 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[76], 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,[77] 77.4% in 2022).[78]

At the end of the year 2023, 303 passengers of a flight coming from India have been maintained in an ad hoc waiting zone specially 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.[79]

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.[80] 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,[81] in an open-letter in October 2022,[82] and during the 2022’s annual meeting between authorities and NGOs on the situation in waiting zones[83] 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.[84]

Moreover, some independent authorities such as the Contrôleur general des lieux de privation de liberté (controller of detention places) or Défenseur des droits (Ombudsperson) have the possibility to conduct field visits and to access all official documents (police records etc.). In practice, this allows for occasional checks but does not constitute a sustainable border control mechanism. Since its creation in 2008, the Contrôleur general des lieux de privation de liberté has controlled 22 different waiting zones at least one time, but e.g. in 2023 no visits were made to these premises.[85]

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 2024, 2,212 persons were resettled according to the UNHCR database,[86] compared to 3,003 in 2023,[87] 3,164 in 2022[88] and 1,827 in 2021.[89] Detailed data from UNHCR shows that people have been mainly resettled from Türkiye, Chad, and Jordan. The majority of them are nationals of Syria. Almost 300 Afghan women were resettled in accordance with a pledge taken by France during the Global Refugee Forum in 2023:

Source: UNHCR

Stakeholders from the Ministry of the Interior indicated, during bilateral exchanges in March 2025, that the exact number of resettlements in 2024 was 2,371, 53% of whom were women (expressing surprise at the inaccuracy of the UNHCR database, which they said they would contact in this regard).

People arriving under European commitments are heard by OFPRA beforehand in the country of asylum. In 2023, 23 OFPRA missions were carried out in Türkiye (6), Chad (3), Jordan (3), Lebanon (3), Cameroon (2), Egypt (2), Ethiopia (1)and Rwanda (1).[90] In 2024, 21 missions took place.[91] 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.[92]

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.[93]

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.[94] During this period, 3,134 Afghans were admitted in France: 2,635 during Summer 2021,[95] 526 from September 2021 to December 2021 and 1,095 in 2022.[96] Since 2023, there has been no specific scheme for admission of Afghans, but they can exceptionally benefit from humanitarian visas.[97]

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.[98] 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 committed to relocating 3,000 persons in one year. However, at the end of 2022, only 38 people had been relocated from Italy and 225 others were selected for relocation by French authorities in Spain, Italy and Cyprus and waited for transfer.[99] However, IOM reports that 184 have been relocated to France in 2022.[100] 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,[101] and 10 missions in 2023.[102] There is no information available on possible relocations in 2024.

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)[103] 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).[104] No more recent detailed data are available. The process for the issuance of an asylum visa is described in detail in an EMN response.[105]

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 October 2024, 161 Syrians (including 72 children) had been admitted in France under this new protocol.[106]

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.[107]

Public data on this type of visa did not allow for a clear understanding of this issue, as the “humanitarian visa” category (excluding figures on visa for health issues) included family reunification until 2023 (probably under the category “refugees and stateless persons” in the table below). In 2024, family reunification was excluded from statistics on visas but the data still includes resettlement.

Source: Ministry of Interior, ‘La délivrance de visas aux étrangers’, 4 February 2025, available in French here.

[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] Eurostat, [migr_eirfs], updated 2 May 2025, checked 6 May 2025, available at: https://bit.ly/3xCejEu.

[6] Court of Auditors, ‘La politique de lutte contre l’immigration irrégulière’, 4 January 2024, available in French at: https://bit.ly/4a9jA4E.

[7] 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.

[8] Ministry of Interior, Débat au Parlement sur l’immigration en France, Press kit, 6 December 2022, available in French at: https://bit.ly/3IpLQmW.

[9] Council of State, Decision No. 428178, 27 November 2020, available in French at: https://bit.ly/3ac7REC.

[10] Council of State, Decision No. 450879, 23 April 2021, available in French at: https://bit.ly/34sw8Hv.

[11] CJEU, Case C-143/22, ADDE and Others, 21 September 2023, available at: https://bit.ly/3vgVWUZ.

[12] Council of State, Decision No.450285, 2 February 2024, available in French at: https://bit.ly/3vqNLFv.

[13] 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.

[14] 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.

[15] Council of State, 16 October 2019, available in French at: https://bit.ly/2wHgW8p.

[16] CJEU, Joined cases C-368/20 and C-369/20, 26 April 2022, available at: http://bit.ly/3o41xd2.

[17] Council of State, Decision No 463850, 27 July 2022, available in French at: https://bit.ly/3I3BERa.

[18] Council of State, Decision No 499702, 7 March 2025, available in French here.

[19] Observatoire des libertés associatives, ‘Au mépris des droits. Enquête sur la répression de la solidarité avec les personnes éxilées aux frontières’, 18 November 2024, available in French here.

[20] Prime Minister, ‘Comité interministériel de contrôle de l’immigration’, Press release, 26 February 2025, available in French here.

[21] EMN, ‘Bilateral readmission agreements’, September 2022, available here. See also: GISTI, ‘Accords bilatéraux’, available in French at: https://bit.ly/3tCVLQb.

[22] Practice-informed observation by Forum-Réfugiés, including feedback from other NGOs, January 2025. See infra in this section.

[23] BBC, ‘How many people cross the Channel in small boats and how many claim asylum?’, 12 February 2025, available here.

[24] The Guardian, ‘Channel crossings: 45,756 people came to UK in small boats in 2022’, 1st January 2023, available at: https://bit.ly/3ka44AK.

[25] BBC News, ‘Channel migrants: Crossings fell in 2023, government figures show’, 1^st January 2024, available at: https://bit.ly/4cuvsQs.

[26] BBC, ‘How many people cross the Channel in small boats and how many claim asylum?’, 12 February 2025, available here.

[27] Préfet maritime de la Manche et de la Mer du Nord, ‘Bilan opérationnel de la préfecture maritime manche et mer du nord 2024’, 12 February 2025, available in French here.

[28] Diane Taylor, ‘Record number of children died crossing Channel last year, says UN’, The Guardian, 25 February 2025, available here; and see IOM, Missing Migrants portal, available here.

[29] The Migration Observatory, ‘People crossing the English Channel in small boats’, 28 June 2024, available here.

[30] Gisti, ‘Contrôles frontaliers : l’ère des drones’, October 2023, available in French at: https://bit.ly/3PzPorj.

[31] La Presse de la Manche, ‘Surveillance du port de Cherbourg. Trois mois supplémentaires pour les drones’, 8 January 2025, available in French here.

[32] 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; Médecins du Monde, ‘Hausse des refoulements des personnes exilées depuis Montgenèvre vers l’Italie : mise en danger aux portes de l’hiver’, 18 December 2024, available in French here.

[33] Council of State, Decision No. 440756, 8 July 2020, available in French at: https://bit.ly/3acd5QQ.

[34] 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.

[35] See official website available in French at: https://bit.ly/43wRn5m.

[36] 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.

[37] Ligue des droits de l’homme Nice, ‘Liste des décès à la frontière entre Vintimille et Menton depuis 2015, Updated in February 2025, available in French here.

[38] France Bleu, ‘”Lutter avec détermination contre l’immigration irrégulière” c’est l’objectif du préfet des Alpes-Maritimes’, 11 February 2025, available in French here.

[39] Défenseur des droits, ‘Décision-cadre n°2024-061 relative au respect des droits des personnes migrantes à la frontière intérieure franco-italienne, 23 April 2024, available in French here.

[40] 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.

[41] 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.

[42] 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.

[43] 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.

[44] MSF, ‘Denied Passage : The struggle of people stranded at the Italian-French border’, 4 August 2023, available at : https://bit.ly/3IXOBwF.

[45] Défenseur des droits, ‘Décision-cadre n°2024-061 relative au respect des droits des personnes migrantes à la frontière intérieure franco-italienne, 23 April 2024, available in French here.

[46] 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.

[47] 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.

[48] BFM, “Le surcroît de travail est considérable”: dans les Hautes-Alpes, 237 migrants présents à la frontière sur une semaine, 18 September 2024, available in French here.

[49] Médecins du Monde, ‘Hausse des refoulements des personnes exilées depuis Montgenèvre vers l’Italie : mise en danger aux portes de l’hiver’, 18 December 2024, available in French here.

[50] Idem.

[51] Le Dauphiné, ‘« Aucun mur n’est infranchissable » : une force frontière inefficace ?’, 28 January 2024, available in French at : https://bit.ly/3Trtyay.

[52] 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.

[53] ECRE, ‘Access to asylum and detention at France’s borders’, June 2018, available at: https://bit.ly/2JaRrSu, 18-19.

[54] Council of State, Order No 411575, 5 July 2017, available in French at: https://bit.ly/3msP3vj.

[55] 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.

[56] 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.

[57] Défenseur des droits, ‘Décision-cadre n°2024-061 relative au respect des droits des personnes migrantes à la frontière intérieure franco-italienne, 23 April 2024, available in French here.

[58] 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.

[59] 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.

[60] Médecins du Monde, ‘Atteintes aux droits à la frontière franco-italienne’, 16 July 2019, available in French at: http://bit.ly/3UEec2s.

[61] JDD, ‘Submersion migratoire : la frontière franco-espagnole débordée face à l’afflux de migrants’, 6 March 2025, available in French here.

[62] 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.

[63] L’Humanité, « Une femme soldat m’a demandé si j’avais vu passer “des marrons” » : à la frontière franco-espagnole la répression raciste envers les exilés s’intensifie’, 2 January 2025, available in French here.

[64] 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.

[65] MSF, ‘Migrants trapped in relentless cycle of rejection on French-Spanish border’, 6 February 2019, available at: http://bit.ly/3L0ZVdh.

[66] New York Times, ‘French Mayor Offers Shelter to Migrants, Despite the Government’s Objections’, 12 February 2019, available at: http://bit.ly/3UyOVXG.

[67] 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.

[68] 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.

[69] Arte TV, ‘France-Espagne : expulsion illégale de mirgants’, April 2023, available in French at : https://bit.ly/4audpbq.

[70] 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.

[71] 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.

[72] Sud Ouest, ‘Mayotte : la traque sans fin des bateaux de migrants au large de l’île’, 21 February 2024, available in French here.

[73] 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.

[74] Ministère des armées, ‘Surveillance maritime à Mayotte, une coordination interministérielle renforcée’’, 21 November 2024, available in French here.

[75] Court of Auditors, ‘La politique de lutte contre l’immigration irrégulière’, 4 January 2024, available in French at : https://bit.ly/4a9jA4E.

[76] 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.

[77] 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.

[78] Ministère de l’Intérieur, ‘Compte-rendu de la réunion annuelle sur le fonctionnement des zones d’attente 2023’, 4 December 2024, available in French here.

[79] 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.

[80] ANAFE, Annual report 2019, available in French at: https://bit.ly/3a5GM6k, 66.

[81] ANAFE, Fermons les zones d’attente, January 2022, available in French at: https://bit.ly/339UjKt.

[82] 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.

[83] 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.

[84] 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.

[85] Contrôleur général des lieux de privation de liberté, ‘Rapport d’activité 2023’, July 2024, available in French here.

[86] UNHCR, Resettlement data finder (database), available at: https://bit.ly/43BaTO0.

[87] Idem.

[88] European network on migration (ENM) France, ‘Annual report’, April 2023, available at: https://bit.ly/3x57Gds.

[89] UNHCR, Resettlement data finder (database), available at: https://bit.ly/43BaTO0.

[90] OFPRA, Activity report 2023, available in French here, 8.

[91] OFPRA, ‘Publication des premières données de l’asile 2024 à l’Ofpra’, 4 February 2025, available in French here.

[92] EMN, Ad-Hoc Query on 2022.58 Resettlement, humanitarian admission and sponsorship programmes, July 2023, available at: https://bit.ly/3U8uMJr, 39.

[93] 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.

[94] European parliament, ‘Overview of pledges for resettlement and humanitarian admission of Afghans, 2021-2022’, available at: https://bit.ly/3mfmP6s.

[95] Ministry of Foreign Affairs, Centre de crise et de soutien, Activity report 2022, available in French at: https://bit.ly/3KDMFv9.

[96] DIAIR, ‘Opération APAGAN : accueillir les réfugiés menacés par les Talibans’, 23 January 2023, available in French at: https://bit.ly/3UeEEQp.

[97] 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.

[98] IOM-UNHCR, Voluntary scheme for the relocation from Greece to other European countries, available at: https://bit.ly/370FDyL.

[99] European network on migration (ENM) France, ‘Annual report’, April 2023, available at: https://bit.ly/3x57Gds.

[100] IOM, ‘EEA Relocation in 2022’, available at : https://bit.ly/3ISVMpN.

[101] OFPRA, ‘Activity report’, available in French at : https://bit.ly/49eglrk, 8.

[102] OFPRA, ‘Premières données de l’asile 2023 [chiffres provisoires]’, 23 January 2024, available in French at: https://bit.ly/3xaPG1u.

[103] Conseil d’Etat, 9 July 2015, M. Allak, No. 391392, available in French at: https://bit.ly/3JW5LMj.

[104] 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.

[105] EMN, Ad-Hoc Query on 2022.58 Resettlement, humanitarian admission and sponsorship programmes, July 2023, available at: https://bit.ly/3U8uMJr, 39.

[106] Sant Egidio, ‘Liban : Arrivée de nouvelles familles de réfugiés syriens à Roissy par les Couloirs humanitaires de Sant’Egidio’, 15 October 2024, available in French here.

[107] EMN, Ad-Hoc Query on 2022.58 Resettlement, humanitarian admission and sponsorship programmes, July 2023, available at: https://bit.ly/3U8uMJr, 39.