French law is such that it protects minors, all minors. A principle which is no exception for migrants upon their arrival in France, often isolated from their families. But in many cases, proving one’s minority is not easy. “You must present a valid identity document, and a birth certificate is not sufficient,” explains Benoît Poucel, one of the co-leaders of the Brest association Adjim. The obstacle course can then begin for these young unaccompanied migrants who are neither minors nor adults, since there is no clear evidence of either possibility. The association places itself in this moment, this sort of gray zone.
Sometimes the judgments which recognize them as adults cannot be challenged in the court of appeal because of a deadline that has also become too short.
In a gray area
“On their arrival, young people are welcomed by the Department and the departmental social action center (CDAS). If they cannot prove their minority, they are kicked out of shelters. We welcome them at this moment when they are waiting for their papers” and “at this moment when the prosecutor refers the matter to a judge, who will recognize their minority or not”. And that’s where the problem lies. According to Adjim, in Brest, legal delays have now become such “that, very often, the decision is rendered out of time”. Young people have to wait for many months, which inevitably takes them away from their minority. Worse: “sometimes the judgments which recognize them as adults cannot be challenged in the court of appeal because of a time limit which has also become too short”. The association sees this as a denial of justice, all sprinkled with deeply complex procedures.
“Sending them back is expensive and causes insecurity”
Brigitte Millet, another co-president, continues: “We are not in any way accusing the justice system but rather the lack of resources from which it suffers.” Around a hundred young people are currently in this situation in Brest, including 35 hosted by Adjim. “We must understand that the best solution is integration. Sending them back is expensive, doesn’t work and causes insecurity. Conversely, what poses the least problem is training them to meet the needs of professions in tension,” further asserts Benoît Poucel. Hence the importance of ruling as quickly as possible on the question of their minority, which opens up to them shared accommodation, schooling where learning is possible, but also expanded rights to health and an increased possibility of obtaining a residence permit. “We are simply asking that these young people be restored to their rights and that justice speeds up” in order to gain (a little) peace of mind for everyone on this subject which has become so sensitive.
