Following the death of the young Lola and the controversy over the irregular presence in France of the woman charged for murder, Olivier Véran said that the government should “do better” in matters of obligations of Leave French territory.
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“We are working hard for (…) that the OQTF [Obligations to leave French territory] are followed by effects” and “we must obviously do better,” said the door on Wednesday 19 -Government sharing, Olivier Véran, after the Council of Ministers. While the right and the extreme right vocified on its ineffectiveness in migratory matters, following the indictment of an Algerian in an irregular situation and targeted by an OQTF, for the murder of the young Lola, Friday, October 14, The government has active. According to various facts which question undocumented foreigners, it is in fact become a habit: the low execution rate of OQTF is systematically pointed out.
Admittedly, the overwhelming majority of OQTF is not executed. The Senate’s May Information Report on the Migration issue, chaired by François-Noël Buffet (Les Républicains), indicated that in the first half of 2021, barely 5.7 % of the nearly 62,000 oqtf pronounced had been . If we look over over the last ten years, this rate has almost always evolved below 20 %.
a chain of distance that does not follow
Should we see in these figures the helplessness of the State? Nothing is less certain if we look at the way these OQTF are delivered. Today, a prefecture issues an OQTF in three cases: following a residence permit refusal, following a rejection of an asylum application or, a minority case, following ‘An identity control by the police which reveals that a foreigner is in an irregular situation.
Most of the time, therefore, “the OQTF is taken while the stranger is not available to the public power, underlines a framework of the Ministry of the Interior. So we have the means to execute it “. In any case, the law provides, in the overwhelming majority of cases, that a period of voluntary departure of in general is left abroad before the administration can take a coercive measure against it.
Could the public authorities, at the end of this period, go and seek Manu Militari foreigners targeted by an OQTF? “Given the number of OQTF taken each year [more than 100,000 per year since 2018], this would require excessive police resources”, sweeps the framework of Place Beauvau.
and even assuming that the foreigner is arrested at the end of the voluntary departure period, the whole chain of distance should follow. However, other obstacles are still standing. “We have 1,800 places in administrative detention centers for hundreds of thousands of foreigners without title, and cancellations of remoteness measures are canceled by judicial and administrative judges”, underlines the framework of the Ministry of the Interior. According to the Buffet report, in 2021, 12.3 % of distance interruptions came from an unfavorable judicial decision.
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