Europe 1 with AFP 3:12 p.m., December 29, 2022

In the absence of a specific decree from the French authorities, the Council of State has validated the refusal to grant foreigners who have fled Ukraine the same "temporary protection" granted to Ukrainian refugees.

At the end of September, France had welcomed around 106,000 people who had fled Ukraine since the start of the war.

The Council of State has validated the refusal to grant foreigners who have fled Ukraine the same "temporary protection" granted to Ukrainian refugees, in the absence of a specific decree from the French authorities to extend this mechanism.

Several NGOs defending migrants have expressed concern about the fate of foreigners residing in Ukraine but who have not been able to benefit from the exceptional protection offered to Ukrainians.

This protection allows the latter, for six months renewable, to receive an allowance in France and to work there.

Armenians established in Ukraine had seized administrative justice

Contesting this difference in treatment, Armenians established in Ukraine before the war had seized administrative justice, particularly in the west of France.

In a decision of December 27, the Council of State considered the case of one of them who lived in Ukraine with a temporary residence permit and who fled the Russian invasion to join France in March, where she requested this "temporary protection".

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At the end of April, the prefect of Seine-Maritime refused him and issued him with a one-month residence permit to examine his situation.

This decision was then reversed by the judge in chambers, leading the Ministry of the Interior to seize the Council of State.

No specific decree issued by the executive

In its decision, the highest administrative court notes that the European texts taken after the Russian invasion reserve in principle "temporary protection" to foreigners who resided in Ukraine by virtue of "a permanent residence permit" and were not able to return to their country of origin "in safe and sustainable conditions".

According to the Council of State, the Member States certainly have the possibility of "extending" this mechanism to foreigners holding a temporary permit - like that of the Armenian applicant - but must have adopted a specific decree "designating the categories of persons concerned".

However, notes the court, the executive took "no order" of this type to expand this mechanism and the administration therefore had the legal bases to oppose a refusal to the Armenian applicant.

At the end of September, France had welcomed around 106,000 people who had fled Ukraine since the start of the war on February 24, according to a recent parliamentary report.