France: Immigration Reforms Inadequate

“The government is right to act quickly to fix the problem, but its proposal will only help a fraction of those at risk,” said Holly Cartner, Europe and Central Asia director at Human Rights Watch. “It’s now up to parliament to fully implement the European Court’s ruling by making in-country appeals the rule rather than the exception.”

Parliament is set to debate on September 18 a government bill to reform the nation’s immigration and asylum code. Among the proposals is a plan to allow certain failed asylum seekers to remain in France until a judge rules on an appeal. However, many others whom national authorities seek to swiftly eject will remain at risk of mistreatment upon return before their appeal can be heard.

The reform, which would apply only to asylum seekers detained at borders, is in response to a ruling by the European Court of Human Rights in April that the lack of an automatic in-country appeal for asylum seekers in France violates human rights law.

Because of its narrow scope, the reform would fail to protect many of those who fear torture, ill-treatment, or persecution under the Refugee Convention if returned to their countries of origin. Failed asylum seekers whose applications were considered manifestly unfounded or who come from countries deemed to be safe and those who are considered threats to national security could still be expelled while their appeals to the Refugee Appeals Board are pending. Terrorism suspects who appeal Interior Ministry expulsion orders would also continue to have no have access to an automatic in-country appeal.

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