This is a downside to the dematerialization of all procedures concerning foreigners in France, which has been underway for several years. In a decision of June 3, the Council of State imposed on the government to provide an alternative solution to all-digital.
The highest administrative court had been seized by several associations and unions, including La Cimade, the League of Human Rights or the Syndicate of Lawyers of France. The latter disputed in particular the decree of March 24, 2021, which provides that all procedures for applications for residence permits will be carried out gradually via the Internet.
In its decision, the Council of State considered that this decree is illegal. “The regulatory power can only enact such an obligation on the condition of allowing users normal access to the public service” and, to do this, it is incumbent upon him “to guarantee the possibility of resorting to an alternative solution”in particular to compensate for the cases of “failure” teleservice. A foreigner must be able to apply for a title other than online. In addition, users who do not have digital tools or do not master their use “must be able to be accompanied”.
Virtual Queues
The digitization of procedures for foreigners is the subject of strong criticism, in particular because of the difficulties of making appointments online in the face of saturated prefectures. On this specific point, the Council of State said, in an opinion of the same day, that making appointments online cannot be made compulsory. “We are pleased that the Council of State has given us reason, reacts Lise Faron, from La Cimade. The prefectures will no longer be able to impose the making of appointments by Internet for the requests for titles. »
While the Ministry of the Interior boasts “the end of the queues” and an “simplified approach”, on the ground, the situation is much more mixed. A rapport d’information of May 10 of the Senate Law Commission also estimated that virtual queues have replaced the physical queues in front of the prefectures and that “the conditions for receiving foreigners and for issuing residence permits have deteriorated in recent years”. The reason: a lack of material and human resources.
“As long as there are not enough resources devoted to processing requests, the situation of congestion in the prefectures will continue., warns Lise Faron. We will hope that people are less blocked, alone, behind their computer. It is an important step. »