Décision de justice

Afghanistan: control of evacuation operations does not fall within the remit of administrative justice

Four Afghan nationals, three of whom are beneficiaries of subsidiary protection and one of whom is a refugee, have made an urgent appeal to the Conseil d'Etat to obtain, on the basis of family reunification, the repatriation of their families by the French government, thanks to the airlift set up by the French army from Kabul airport.

The French authorities are able to provide two flights per day, each carrying 250 people.  The organisation of such evacuation operations from a foreign territory cannot be separated from the conduct of France's international relations.  The administrative court therefore has no jurisdiction to order that the arrangements put in place be modified or supplemented.

The applicants also requested that the procedure for examining and issuing visas for family reunification be adapted to allow families to benefit from their right to family reunification without delay.

It emerged from the discussions at the hearing that since 15 August 2021, people present in the area dedicated to France within the Kabul airport and eligible for family reunification, whether or not they have a visa, are to be assisted by the French army, insofar as air capacity is available and as long as the local situation allows evacuation operations to continue.  The urgent applications judge therefore observed that in the current situation, taking new measures to facilitate obtaining a visa would have no impact on the exercise of the applicants' right to family reunification.

For these reasons, the urgent applications judge dismissed the applicants' claims.

Read the decision n°455744-455745-455746