Freezing the issuance of family reunification visas: the Council of State decides

Seized by several associations including the League of Human Rights and Cimade, the Council of State considered that this measure was “a disproportionate attack on the right to normal family life and the best interests of the child” , he said in a statement accompanying his decision.

As part of the fight against the Covid-19 epidemic, the French government decided, as of March 18, 2020, to limit the movement on the national territory of people coming from abroad. Consequently, only the spouses and children of French or European citizens could still enter France to join them. This possibility is not offered to family members of nationals of other nationalities residing in France, with rare exceptions. Nine associations, unions and foreign people concerned had seized, Thursday, December 17, the Council of State, asking it to suspend this measure.

In his decision, the summary judge noted that the number of people benefiting from family reunification does not normally exceed 60 people per day and that “the administration does not provide any evidence that such a flow could contribute significantly to an increased risk of the spread of Covid-19 ”. “The recently reinforced screening and isolation measures, to cope with the appearance of new variants, can be applied to interested parties as well as to people already benefiting from an exemption allowing them to enter the territory”, he said. -he adds.

The Council of State further underlined “that the contested measure seriously infringes the right to normal family life of all those concerned and the best interests of the children in question”, before concluding that there is “A serious doubt” about its legality “which justifies its being suspended”.

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