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On April 26th 2007, the Court found a violation of articles 13 and 3 of the Convention in judgment Gebremedhin v. France (25389/05), on the ground that the emergency appeal of the applicant on the refusal to admit him in France to file his asylum claim, didn’t automatically suspend his removal. The applicant was advised by Me Jean-Eric Malabre (Limoges/Paris) and the NGO Anafe submitted observations amicus curiae to the Court.
On November 21th 2007, article 34 of the law 2007-1631 modified article L213-9 of the immigration and asylum code. It now allows asylum seekers who are denied entry, to appeal this decision to the administrative tribunal. Their removal is suspended for 48 hours or until the decision of the tribunal if an appeal is filed.
According to the report (see below) of the French ombudsman(mediateur de la Republique) and the French NHRI (CNCDH), the new remedy lacks effectiveness as asylum seekers who are denied entry, are detained and have only 48 hours to file their appeal (case Ma. v. France (4920/08) communicated). Moreover they don’t qualify for legal aid (article 3 of law 91-647) and have to finance their own lawyer and their own interpreter to file the appeal. They added that further appeals to the administrative appeal court and to the administrative supreme court (conseil d’etat) don’t suspend the removal (case Se v. France (10085/08) communicated).
Furthermore, citizens who didn’t state their intent to claim asylum before being denied entry, don’t benefit from the suspension of their removal during their appeal, even they fear a violation of article 3 if deported. Ms. Laure Blondel from the NGO Anafe gave us the following example. On February 22th and 23th 2011, the French border police attempted to deport a Senegalese citizen to Libya notwithstanding that an hearing was scheduled on February 24th 2011 on his emergency appeal.