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criticises the too broad interpretation given to the notion of a threat to public order,
particularly under the new Immigration, Integration and Nationality Act (Act 2011-672 of
16 June 2011).
2. The Government
110. The Government considers that the expulsions fully satisfy the requirements of
Article 19§8 in that they relate to foreigners unlawfully residing in the country or posing a
genuine, present and sufficiently serious threat affecting one of the fundamental
interests of society. The Government maintains that the expulsions are being carried out
after a detailed examination of the individual situation of the person concerned and
subject to the strict supervision by an administrative judge. The Government strongly
disputes Médecins du Monde’s assessment of the Immigration, Integration and
Nationality Act and asserts that it takes account of the criticism expressed by the
Committee in its previous decisions.
B – Assessment of the Committee
111. The Committee underlines that Article 19§8 applies only to migrant workers
lawfully residing within the territory of states parties and not to migrants in an irregular
situation. It recalls that migrant workers residing lawfully within the territory of a state
party cannot be expelled unless they endanger national security or offend against public
interest or morality.
112. The Committee recalls that a decision on an expulsion may be made only on the
basis of a reasonable and objective examination of the particular situation of each
individual (see Centre on Housing Rights and Evictions (COHRE) v. Italy, complaint
No. 58/2009, decision on the merits of 25 June 2010, §§ 155-156). The Committee
considers that the possibility to appeal against the expulsion decision before courts is
not sufficient to fulfil this obligation.
113. The Committee notes that only a small proportion of migrant Roma of Romanian
and Bulgarian origin seem to be legally residing in France. No distinction seems,
however, to be made among the migrant Roma of Romanian and Bulgarian origin on the
basis on the legality of their residence in France upon their expulsion. In fact, neither
Médecins du Monde nor the Government provide documents demonstrating that the
legal residence status in France of the person expelled is taken into consideration. In
particular, the length of residence within the territory is not mentioned in the orders to
leave the country.
114. The Committee emphasises that Article 19§8 is a provision imposing an
obligation of result, guaranteeing the right to protection for each individual of the affected
group. Furthermore, the Committee considers that in cases where a fundamental right
such as the right of residence is at stake, the burden of proof lays on the Government,
i.e. that it is up to the Government to demonstrate that a person does not reside legally
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