Will the « Dublin » asylum seekers, be deported from France ?

The majority of the residents of the CAO’s in Tregastel and Trebeurden were registered in another European country (generally Italy or Bulgaria) when they arrived in Europe. Under the Dublin regulations (Article 622-1 of CESEDA – Code of Entry and Residence of Foreigners and Asylum Rights), they cannot request asylum in France and should be transferred to the country of entry.

The minister promised not to deport.

However, right after the destruction of the Calais camp, the Interior minister (Home secretary) promised that people housed in a CAO and who came from Calais would not be transferred and could still request Asylum in France despite the Dublin agreement; they will most likely be the last ones Le Monde, 8 novembre 2016, Ouest-France, 28 octobre 2016

Worries in Ille-et-Vilaine

Two weeks after these promises, the Cimade (solidarity group for migrants, refugees and asylum seekers in France) doesn’t believe that the minister will honour his promise. In an article from 22nd November, the association heard that the Prefect of Brittany had announced the implementation of the Dublin procedure for 24 of the 47 migrants housed in the CAO in Rennes centre. In Fougères, on 17th November, he declared that the minister’s promise meant “not using coercive measures” to send the people concerned back to the European country where they are re-admissable and “to not implement the Dublin procedures right now”.

> Update : 25/11/16The prefecture is going to examine any reclassification under normal procedures. On 25th November the sous-prefect of Lannion confirmed that the people with Dublin status could be reclassified as normal procedure. "The regional prefecture will study each situation case by case, she declared. The Interior minister has encouraged a sympathetic view for these people." They should justify having already stayed 6 to 18 months on French territory. "This takes time as the files need to be transferred from Calais, " explained the State representative. The Coallia representative pointed out that last week, the CAO residents of Ille et Vilaine, under Dublin status, received the first summons for examination of the reclassification of Dublin procedures.

What to do in case of a transfer decision?

Out of the 542 people housed in CAO’s in Brittany, 224 are “Dublined” and are threatened with transfer. On 22nd November the Info CAO Bretagne group published some clarifications on the minister’s verbal promise. First of all, it is not valid for asylum seekers who are in CAO’s and who came from Calais. If the people are not sent back to the country where they were registered, what can happen?

1. The asylum seeker could be granted a certificate of asylum request “under Dublin procedure”; this status cannot be modified, and the 6 month lead time still exists.
2. The asylum seeker could receive a convocation then a “ruling on the Dublin return” and a declaration of its “implementation”; in this case, it is appropriate to request legal assistance.
3. The asylum seeker could be assigned to a residence
4. The asylum seeker could receive a plane ticket for his country of entry in Europe.

In these last two instances, it’s best to email (contact.infocao@gmail.com) as soon as possible with all necessary details so that the Interior Minister can be contacted directly, in the hope of cancelling the deportation as promised. In the email please specify:

• Surname, First Name
• Date and place of birth
• AGDREF number
• Arrival date in Calais
• Arrival date in CAO, CAO address
• Date of request for asylum
• Date of notice of deportation
• Date residence was assigned, or date of plane ticket

The people residing in the CAO’s in Tregastel and Trebeurden can also contact Les Gens Heureux (The people happy to welcome migrants) (lesgensheureux.tregor@gmail.com) and the Collectif de soutien aux sans papiers (Support group for illegal immigrants) (02 96 47 27 27, actregor@wanadoo.fr andt philippe.vital@wanadoo.fr).

Loan Torondel advises explaining to the Dublin asylum seekers in the CAOs, that if they are in case 3 and 4, “that yes, they are threatened with deportation but in the end, they should be saved. But don’t forget to tell them that IF they leave the CAO system, it will no longer be possible to attempt this seisine procedure.”

Understanding the Dublin Regulation which applies to asylum seekers.