Instruire la demande d’asile. Étude comparative du processus décisionnel au sein des administrations allemande et française

This sociological study is a comparative analysis of the French (OFPRA) and German (BAMF) institutions in charge of processing asylum claims. Fieldwork on their premises enabled a detailed description of the administrative practices that frame the application-based decision-making process. Notable differences were observed between the two national institutions regarding the socio-professional profiles of the instructing agents but also the latter’s general attitudes towards the asylum issue. Beyond these differences, a constant in their professional practice can be found in an attitude of doubt and deep mistrust towards asylum seekers. In the evaluation of the applicant’s asylum accounts, institutions give great importance to the issue of credibility. This bestows a considerable discretionary power to the administrative agents. It also introduces a strong element of subjectivity in the decision-making process. Because of the delicate nature of communication with the applicants and the sometimes difficult application of national and international legislation to each particular case, the administrative decision-making process is imbued with great uncertainty. The analysis of the administrative relationship between applicants and decision-makers enables to identify the mutual mistrust and the gap between legal categories and the reality of contemporary migration as two central problems in the French and German asylum systems.