The government wants a refusal of an asylum application to be worth a deportation order

The government wants a refusal of an asylum application to be worth a deportation order

The refusal of an asylum application at first instance must be synonymous with automatic expulsion, proposed the Minister of the Interior, Gérald Darmanin, on Tuesday September 20, during a parliamentary hearing which will bring in the coming months a new asylum and immigration law.

Upstream of this bill which must be tabled in January and which will be the subject of a parliamentary debate at the end of 2022, “we proposed to the Council of State (…) that when there is a refusal of an asylum application, there should be a concomitant OQTF [obligation de quitter le territoire français] which is issued, or in any case a refusal of a residence permit and a pronounced expulsion”declared Gérald Darmanin before the law commission of the National Assembly.

Concretely, the Minister of the Interior wants to change the law so that a negative decision of the Ofpra (French Office for the Protection of Refugees and Stateless Persons) is worth a decision of expulsion without even waiting for a possible appeal to the National Court of right of asylum (CNDA). A scenario already possible for foreigners from so-called countries “safe”, such as Albania or Georgia, which the government wants to extend to all asylum seekers.

A reform of administrative justice also envisaged

Gérald Darmanin justified this desire by the courses “delusional” asylum seekers, who are refused refugee status in “70%” cases but who can use “up to twelve procedures” appeal. “We will reduce the delays”insisted the Minister of the Interior, who also wants a reform of administrative justice, “engorged” by foreigners litigation.

The Minister of the Interior thus wishes “give asylum more quickly to people who really need it” and “say very quickly no to people you don’t want”.

The tenant of Place Beauvau responds to a request from Emmanuel Macron, who had already announced before the presidential election that he wanted to strengthen the means of removing foreigners who have had their asylum application rejected, by ensuring that “the refusal of asylum will be worth obligation to leave the French territory”.


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