Immigration. France's Residence Permits: Justice challenges the obligation to use online procedures

You can review a copy.

Immigration. France's Residence Permits: Justice challenges the obligation to use online procedures

You can review a copy. Friday's decision by the Council of State to cancel the Decree of March 24, 2021 of the government and the Decree of April 27, 2021 of Government that required foreign nationals to apply online for their residence permits in France, was a victory for the Council of State.

According to the highest administrative court, a restriction on teleservice use can only be made if users have normal access to the public services and their rights are being exercised. However, this is not the case according several unions and associations (La Cimade, League of Human Rights, and the Syndicate of Lawyers of France). They alerted to many malfunctions that users experienced since the May 1st 2021 entry into effect of these texts. They had taken the Council of State.

"In light of the particulars of the public involved, the complexity of the applicants' circumstances and the consequences that these have on the situation of an foreign national, in particular his right to stay in France and, where applicable, to work there the registration of his request, it is incumbent upon the regulatory power when it imposes use of a Teleservice to obtain certain residence permits and to provide support for the persons concerned," writes the Council of State in their decision. He is also required to ensure that an alternative solution can be used in the event of certain applicants being unable to use the teleservice due to design or operation issues.

This is essentially asking the French State for physical access to prefectures to be granted in certain cases. The Council of State stated in a press release that the administration would be required to permit the filing of applications for residence permits according to another mode until the government has reviewed its copy. .

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