how court decisions have imposed themselves on the government


The holiday center temporarily transformed into a closed waiting area, on the peninsula of Giens (Var), where the survivors of the “Ocean-Viking” were kept, here on November 14, 2022. Teams from the Cross -rouge support migrants to help them re-establish contact with families.

There were only four people left, Monday, November 21, in the holiday center on the peninsula of Giens (Var). Four, among the 190 migrants who survived theOcean-Viking who had been placed in this space transformed for the occasion into an international waiting area. This is the closed device that the Ministry of the Interior had imagined when the humanitarian ship landed in the military port of Toulon on November 11. A way to say that the shipwrecked – including Bangladeshis, Eritreans, Syrians, Egyptians, Pakistanis or even Malians – did not enter the territory. And that their eligibility for asylum should first be examined in order to sort out those who would be eligible for admission and those who would be expelled. A kind of hot spot circumstance, from which only 44 unaccompanied minors had been excluded given their care by child welfare.

But ten days after its implementation, the project fizzled and took on all the features of a politico-legal fiasco, exploited by the right and the extreme right.

As part of the emergency asylum procedure at the border, applicable to international waiting areas, the Ministry of the Interior did take 123 refusals to enter the territory, considering, on the prior opinion of the French Office for the Protection of Refugees and Stateless Persons, that a majority of survivors were not refugees.

Read also: Article reserved for our subscribers Legal chaos for migrant survivors of the “Ocean-Viking”

These refusals of entry essentially immediately became null and void since nearly a hundred people had already left the Giens waiting area when they were issued. During two days of chaotic hearings, on November 16 and 17, the Aix-en-Provence Court of Appeal had indeed confirmed their release, validating the decisions taken at first instance by the judges of the Toulon courthouse. The latter refused to extend the stay in the waiting zone requested by the Var prefecture, considering that the twenty-four hour deadline imposed by law to rule had been exceeded.

Derisory balance sheet

The judicial marathon of migrants fromOcean-Viking found its epilogue before the administrative court of Toulon, seized of appeal against the refusals of entry. There too, most of the hearings were cut short, the judges being able only to note the fact that the applicants were already on the territory, because they had benefited, after their passage before the Court of Appeal of Aix-en-Provence , a temporary authorization to enter France.

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