what does the law say about their care and their rights?
On August 26, the refugees who squatted in the Tourelles nursing home in Toulouse were dislodged by the police. Since then, they have requested a new hosting solution from the public authorities. But what does the law say about the reception of migrants?
On the Jules Guesde alleys, they do not go unnoticed. The dozens of tents where the refugees evicted from the Tourelles nursing home occupying the square are sleeping, waiting to find an accommodation solution.
For 10 days, the hundred or so migrants on the street have been traveling around the city to find a roof, helped and accompanied by local associations.
Expelled from a place they occupied illegally but not rehoused by state services, what is the legal situation of these people?
On the question of the right to asylum, the most important parameter is that of the refugee’s age. Most of the migrants concerned are minors according to the associations, moreover isolated (without their parents), and this protects them from possible expulsion from the national territory.
Indeed, theThe French Office for the Protection of Refugees and Stateless Persons (Ofpra) explains that “a foreign minor can stay on French territory without an asylum application certificate.” According to the Immigration services, are qualified as “unaccompanied minors” people with “under the age of 18 and who are not accompanied by their father or their mother, or by any adult mandated to represent them.“
In the Toulouse situation, some question the minority of some of the refugees affected by the evacuation of the Ehpad, even if the associations estimate that more than 90% of them are under 18 years old.
This is the case of Émilion Esnault, aDeputy Mayor of Toulouse in charge of Security and the good maintenance of public space. The Toulouse elected official questioned the will of the refugees to approach the administration to assess their situation.
Depending on the age of the asylum seeker, the procedure for obtaining a residence permit takes place differently.
If he is actually declared a minor by the services of the Department, the legal representative of the refugee must submit an asylum application file to the prefecture, in charge of assessing his situation. If this minor is isolated, the public prosecutor appoints a ad-hoc administrator who will become the legal representative of the minor.
But in the case where the Department does not do so as a minor, the refugee can oppose this decision by way of justice by seizing a judge for children.
Once the asylum application file has been completed with the prefecture, Ofpra takes over. The applicant is then called for an interview. If the Ofpra validates his file, he asylums in France. The applicant is then called for an interview at the Ofpra. In the event of a negative response, the unaccompanied minor asylum seeker can challenge this decision with the National Court of Asylum andn filing an appeal.
If the asylum seeker is an adult, the Ofpra also conducts an interview after studying the person’s file. During the examination of the file, the applicant may”benefit from accommodation in a reception center for asylum seekers (Cada) or in another similar structure, depending on their situation and the places available. It is precisely on this point that the shoe pinches in Toulouse, where migrants find themselves without a permanent accommodation solution.
To provide for the refugee’s needs while their file is being examined, the state sets up a allowance for asylum seeker (Ada). To benefit from it, you must meet the following two conditions: have the asylum application certificate and the material reception conditions offered (including accommodation). Its amount varies according to the family situation of the refugee but it cannot exceed that of the RSA, i.e. €598.54.
In 2021, 121,554 asylum applications (including minors) were transferred to France. This will cause a 30.3% increase compared to 2019, in particular due to the capture of Kabul by the Taliban in mid-August. Due to the invasion of Ukraine by Russia in February, the figures for 2022 should logically be on the rise for asylum applications.