Immigration: the Council of State limits the “entry refusal” policy

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Specifically, the highest administrative court has annulled a phrase in the code governing the rights of foreigners (Ceseda) which, in essence, allowed, in a wide range of cases, the expulsion of irregularly entered foreigners to the interior borders of the EU. The reasoning presented: the provision in question *”does not limit”* these entry refusals *to cases in which they are taken with a view to the readmission* of the individual to the neighboring transit state.

Ensuring that the refusal of entry must now be done within the framework of a readmission procedure, they promised: *“we will be very vigilant”* about its implementation. The Council of State specifies that *“it is up to the legislator to define”* the rules applicable to the foreigner *“who has been subject to a refusal of entry with a view to his readmission”*.

The refusal of entry also fits into a well-defined procedure, but defenders of foreigners regularly denounce shortcomings in the law. It can take place at the interior borders since France reinstated them in 2015 to combat terrorism.

It had raised several points during the entry refusal procedures: variable use of interpretation, placement in a cramped and uncomfortable *“shelter”* area, no legal assistance. *“This decision satisfies us, it puts an end to the regime of refusal of entry”*, stated Patrick Henriot, general secretary of Gisti, to AFP.

Anafé, another association defending foreigners, stated on X (formerly Twitter) that the decision *“puts an end to eight years of illegal detention practices”* and also *“reminds of the obligation to respect the right of asylum”*.

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