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Wednesday, December 7, 2022

An Algerian claims to be Moroccan to avoid deportation to his country

The dispute between France and the three Maghreb countries over the deportation of people in an irregular situation last September saw the number of visas cut by half for Morocco and Algeria and by 30% for Tunisia. This had caused great tension between the three Maghreb countries and Paris.

In France, to determine the true nationality of undocumented migrants, the agents of the Border Police (PAF) must carry out long investigations which sometimes lead to little result, because the majority of undocumented migrants refuse to cooperate when they is to establish their real nationality.

In this little game, it is Algeria which contributes the least to providing consular passes for escorts to the border. Indeed, case law is favorable to its nationals. After the first 48 hours of detention, once it was established that the persons were of Algerian nationality and therefore not deportable, they were released. But the three Maghreb countries only issue them if the person’s identity is established with certainty. Also the people in an irregular situation concerned are, for the most part, released and benefit from the blow, a reprieve while waiting for a new arrest… in which case they “call themselves Algerians” to avoid expulsion. A subterfuge like any other to present themselves under other nationalities, and to escape the expulsion procedures issued against them by the French authorities.

However, an Algerian citizen Ibrahim (24 years old) not to name him, in an irregular situation in France, subject since 2019 to an Obligation to leave French territory (OQTF), competed in imagination by pretending to be a Moroccan just to avoid getting kicked out. He took it badly! Because, this way of doing it upside down, we will say, will have cost him some. Indeed, in addition to the Kingdom not admitting that he was one of its nationals, Algeria, on the other hand, formally recognized him as one of these citizens. The technique is known for not being expelled, refusing to submit to the PCR test and therefore not being boarded on the plane which must bring him back to his country.

An offense that he has already committed twice if we refer to snippets of his hearing at the Court of Perpignan yesterday Wednesday and taken up by the newspaper “L’indépendant”. “I don’t want to go to Algeria, because my country is Morocco”, he shouts in his defense. His remarks are translated through an interpreter. “Good, but in that case, why didn’t you execute the Obligation to Leave the Territory yourself?” » “I can’t afford it.” “Why did you twice refuse to take the test? The first time, I had the Covid! To find out, you would have had to take the test! But, if I pass it now, can I go back to the detention center? »

Unconvincing, because un little late… The prosecutor, taking into account a criminal record which already mentions 2 thefts and two subtractions from the obligation to leave France, requires 5 months firm and 5 years of prohibition of territory. She revealed that the young Algerian “is not recognized by the Moroccan authorities” as a national of this country, but he is recognized by Algeria as one of its nationals. It will ultimately be a verdict with a bonus of thirty days for 6 months with continued detention. But the condemned can very quickly ask for a “conditional expulsion”. As long as he agrees to face the swab of the health authorities by submitting to the PCR test.

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