The text, debated in the joint committee on Monday, aims in particular to speed up asylum application procedures and facilitate the expulsions of people in an irregular situation. The bill worries several associations, who denounce setbacks for the right to asylum.
“We are afraid of the new law. From what I hear, it will be more difficult for immigrants”confides Nafissatou*, a Mauritanian refugee hosted in Lyon, in a reception center for asylum seekers (Cada) managed by the Forum Réfugiés association. “Many things worry us, because this text tightens the right to asylum”, agrees Laurent Delbos, lawyer at Forum Réfugees. The immigration bill, debated in the joint committee on Monday December 18, aims in particular to reduce the time taken to examine asylum applications and to facilitate expulsions.
Arriving at Roissy airport, Marie* stayed 14 days in waiting area for pending persons (Zapi), while the authorities decide whether or not she could enter the territory to submit an asylum application. “I was missing documents, they wanted to send me back”explains this mother, who says she fled Congo-Brazzaville to protect her two daughters.
The French Office for the Protection of Refugees and Stateless Persons (Ofpra) meets the person requesting asylum, “renders an opinion, and it is the Ministry of the Interior which decides”explains Laure Palun, director of the National Association for Border Assistance for Foreigners (Anafé). “These are rapid procedures, which can be done by videoconferenceshe explains. QWhen the person faces a refusal of entry, if they do not want to leave immediately, they benefit from a period of one clear day, which can allow them to appeal.” The immigration bill plans to speed up a little more by removing this “clear day”.
“We spent three weeks on the street”
Once they have entered the territory, regularly or irregularly, people are directed to a first reception structure for asylum seekers (Spada). Nafissatou, who came to France with her son for medical reasons, was quickly referred to one of these structures. Managed by associations, these centers take care of making appointments at the prefecture’s one-stop shop. “There, we were given a receipt, but then we spent three weeks on the streetsays Nafissatou. And then we ended up getting a place in a Cada.”
Initially, the prefecture takes care of identity checks and fingerprinting then decides the route that awaits the applicant: so-called “Dublin” procedure (to check whether the request does not come under the jurisdiction of another EU country), normal or accelerated. “There are 12 types of accelerated procedures which result in shorter processing, these are 40% of asylum applications”, explains Gérard Sadik, lawyer at Cimade, an association for the defense of migrants. A quarter of applicants access the normal procedure and a third of them are “dublined”. They have to wait “between seven and 23 months to determine which European country is responsible” of their request, explains the Cimade lawyer.
The prefectures then provide an asylum request certificate and the applicants immediately meet the French Office for Immigration and Integration (Ofii), which determines and provides the reception conditions: possible accommodation and the allocation of the allowance for asylum seekers (ADA), maximum 14.20 euros per day for a single person. Not all asylum seekers are lucky enough to benefit from a housing offer. “At the end of 2022, it is estimated that only 40% of asylum seekers were accommodated, this is the main failure of our asylum system”alerts Laurent Delbos.
“Proximity and simplification”
Aside from the “dublinés”, applicants also receive a file to return to Ofpra within 21 days, prior to a future interview. The immigration bill seeks to eliminate this delay by creating “France Asile spaces”, so that Ofpra is present from this first meeting at the prefecture to collect the files. “It’s a good development, with two objectives: proximity and simplification”explains Julien Boucher, director general of Ofpra, who cites this example: “Currently, the choice of the language in which the interview will take place is made before Lat the prefecture. It seems more logical that this is done with Ofpra.”
“This development should not, obviously, reduce the applicant’s ability to present themselves in good conditions for the interview.”
Julien Boucher, director of Ofpraat franceinfo
“During these 21 days, people are supported. The fact of stunting this phase worries us. There is a saving of time to the detriment of the quality of our reception”judge Laurent Delbos. Completing the Ofpra file, which is around ten pages long, can be difficult for non-French speakers. Those who are lucky enough to have a place in an accommodation structure generally benefit from support.
Hassan*, a 25-year-old Tunisian, found help from Florence Kamara, general secretary of the LGBTQI+ Center of Paris and Ile-de-France. “I crossed the Mediterranean Sea after passing through Italy, I arrived there and I was like a zombie”he says, at the end of November during a meeting with her to prepare for her interview before Ofpra. After more than a year of waiting, he has finally obtained an appointment for early January 2024.
“The first part of the interview is important. They test the speed, the way the person answers the questions.”
Florence Kamara, general secretary of the LGBTQI+ Center of Paris and Ile-de-Franceat franceinfo
Hassan talks about his love affair with a high school friend, his arrest and the homophobic violence inflicted on him by the Tunisian police. Florence then puts herself in the shoes of an Ofpra agent and questions him. “Tell me about the first time you were attracted to a boy”she says. “At 14, in the locker room at sports”hesitates Hassan, who is searching for his words. “You have to be precise, you have to give more details, so that your story comes to life”advises Florence. “Here, it’s easy when we talk about love. There, it’s difficult”the young Tunisian justifies himself. “Yes, we call it modesty, but remember that the Ofpra agent is not his issue”replies Florence.
“Sorry, I’m anxious.”
On the big day, all applicants will have to take the RER to go to Fontenay-sous-Bois (Val-de-Marne), then face the long queue at the entrance to the Ofpra building and the various meeting rooms. ‘waiting. Few people ask for support from an association. Ali*, a Bangladeshi man in his thirties, was received at the end of November in one of the 140 dedicated boxes. A sober space of approximately six square meters, whose glass walls invite transparency.
“First, are you okay?”, tries to reassure Hector, one of Ofpra’s 450 protection instructor instructors (OPI), aware of the stress caused by this approach. The agent sets the framework for the interview, explains his role, gives the interpreter time to translate. “Sorry, I’m anxious, this is the first time I’ve been in this situation”, explains Ali, after getting confused. The questions, at first harmless, follow one another and Hector asks for more and more details, points out the contradictions, tests the solidity of the story.
“There, you gave me three different dates for your arrival in France…”
Hector, Ofpra agentduring an interview with an asylum seeker
Ali recounts his escape from Bangladesh and explains why he feels in danger. He must demonstrate that he meets the conditions provided for by the right to asylum and convince of the truth of his words. This interview is sometimes poorly experienced by asylum seekers. “I thought he was there to listen to the problems, but he confused me”, testifies Marie, awaiting the Ofpra decision. The agents rely on the written account sent with the file, but certain OPIs interviewed by franceinfo put the importance of this text into perspective. “We know well that some applicants buy false stories, as shown in a BFMTV report”confides one of them.
“Seeing the credibility of one’s story called into question can be difficult to live with, but on the other hand Ofpra cannot be satisfied with a given word”justifies Laurent Delbos. “We have the responsibility to grant or refuse the protection of France, so we must have a demanding position vis-à-vis the people we have in front of usconfirms Julien Boucher. Then, they are vulnerable people with often traumatic backgrounds, so we must also create the conditions for them to be able to express themselves.”
“It has little chance of happening”
Ofpra carried out nearly 90,000 interviews of this type in 2022. The unions also called a strike at the end of October to protest against a “politics of numbers” which, according to them, affects the quality of interviews. After a meeting, an OPI writes a decision, which will be validated or not by a section head. In the event of a positive response, the applicant gains refugee status or subsidiary protection and the resulting rights (RSA, family allowances, etc.). In 2022, out of 135,000 requests, Ofpra responded favorably to less than a third of asylum candidates (around 39,000 people), according to figures from the Ministry of the Interior.
In the event of refusal, the asylum seeker always has the possibility of contesting the decision before the National Court of Asylum (CNDA). To do this, you must seek help from a lawyer and file an appeal within one month. Then comes the hearing. Rachid*, 19-year-old Afghan, patient, Tuesday November 28, at the entrance to the Montreuil court (Seine-Saint-Denis). In a small courtroom, he appears before the three magistrates of the Court. The rapporteur reads his observations, before giving way to questions from the magistrates.
Ofpra estimated that Rachid had little risk of attracting the attention of the Taliban if he returned to Afghanistan. “Why would you be particularly targeted?”, asks the president. Rachid explains, through a translator, that his father is targeted by those in power as a former member of the intelligence services and that he is also in danger as the eldest of his siblings. The lawyer pleads his case, insists on his good integration in Mulhouse, but appears pessimistic upon leaving. “It has little chance of happening”he whispers.
Here again, the immigration bill could change the situation by entrusting a single judge to decide. Still with the aim of speeding up procedures, collegiality would become the exception and would be reserved for cases deemed difficult. “These are always complex situations that we cannot leave to the subjectivity of a person, the crossing of points of view is important”, argues Laurent Delbos. Rachid will decide his fate on December 19. The decision will be available on the CNDA website. If his appeal is rejected, he will have few options left. He may appeal to the Council of State, but “it’s extremely rare, there are around fifteen decisions each year”confides Laurent Delbos. He may also attempt a request for re-examination, if he manages to provide new elements likely to convince the Ofpra. Otherwise, he will be under threat of a decision requiring him to leave French territory (OQTF) taken by the prefect.
* The first names of the asylum seekers have been changed.