The Council of State on Saturday rejected a request by associations that demanded the closure of a temporary waiting room to receive migrants from Ocean Viking near Toulon, because they considered that they were illegally deprived of their freedom.
The temporary judge of the State Council by his decision “rejectA request by the National Association of Border Assistance for Foreigners (Anafe), which arrested him after his appeal was rejected before a judge in the Chamber of the Administrative Court of Toulon. “The judge noted the exceptional circumstances in which the reception of these people had to be arranged“and observe”that the rights of these aliens have not been seriously and manifestly unlawfully impeded by this fact alone;“.
An ambulance rescued 234 survivors in the Mediterranean Sea an ocean viking and landed in Toulon on 11 November, moved to this area, which had been set up at the Giens Peninsula holiday center in Jerez (Var), while their cases were investigated.
“Unhindered”
Many of them have since been released, either by court order, as unaccompanied minors, or because they used the area for asylum after being admitted by the French Office for the Protection of Refugees and Stateless Persons (Ofpra). ) after interviews with
The temporary judge of the State Council notes that Ofpra “was able to conduct legally scheduled interviews“, and”the judge of liberties and detention, and then the Court of Appeal of Aix-en-Provence, ruled on the extension of detention measures, which, moreover, was rejected by the overwhelming majority of them.“. He further states:that, except for the few hours during which the persons were present at the military base, the applicant association was able to enter the holiday village unimpeded;“.
According to the press release, the Ministry of Internal Affairs sent Anafe “updated 16-man roster“Stored in this center”to facilitate for him his mission of relief, as he had undertaken to do at the hearing before the Council of State;which took place on Friday, andLawyers also have access to the holiday village“. The judge of the Chambers of the State Council concluded that “absence of serious and manifestly unlawful interference with fundamental freedom“.
Source: Le Figaro

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