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Straightforward? Family Reunification for Refugees in France: Aligning Legal Standards, Institutional Practices and Procedural Guarantees

 

Abstract

This article addresses family reunification in France (réunification familiale) as an essential right of refugees and a clear legal entitlement under domestic law. It proceeds with a reality-check on access to the designated visa for families and support professionals and discusses potential grounds for future advocacy on the matter. Available data, reports and complementary feedback gained from several practitioners in the field suggest hurdles stand in both law and practice, at odds with international standards and guidance. Strengthening information, physical and financial access to the procedure and ensuring due diligence, flexibility and transparency when examining applications arguably remain on the agenda for reform. Further adjustments to both administrative and judicial options for appeal and legal aid rules could also upgrade guarantees for families, with greater chances for an effective remedy in a timeframe compatible with the stakes. Filling standing gaps in data, research and evaluation would seem equally essential for an evidence-based debate, and in calling for a proactive reunification policy that acts on its potential as a pathway towards international protection. Ultimately, while a reminder of the multiple dimensions to investigate if one is concerned with effective access to reunification beyond its legal consecration as a right, the ‘French case’ certainly illustrates the need for advocates in this field to keep widening strategies and tools, besides litigation.

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Posted in: Journal Article Abstracts on 02/05/2023 | Link to this post on IFP |
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