They are not coming from France, they are traversing through France. Of course its not a war torn country but it is likely their original departure point was.
The Jews that came from Germany on the Kinder transports didn't stay in Holland, the English who migrate to Spain don't stop in France. Firstly, there is no obligation in the Refugee Convention, either explicit or implicit, to claim asylum in the first safe country reached by a refugees, it is basically about whether a person has a well founded fear of being persecuted in his or her country or origin. Whether that person travelled through several countries before claiming asylum simply has no bearing on fear of persecution at home. Additionally, Article 31 of the Convention protects refugees against prosecution for illegal entry to a receiving country. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.This has been recognised by the courts in England and Wales. In the landmark case of R v Uxbridge Magistrates Court, Lord Justice Simon Brown held that refugees did not have to claim asylum in countries through which they pass to reach safety in order to be protected by Article 31:
This stay in the first country stuff is nonsense and is confused with the Dublin Agreement. This piece of EU law provides broadly that where an asylum seeker has been fingerprinted in an EU Member State but then moves on to another EU Member State, the asylum seeker can be sent back to the first country to have the asylum claim processed there. As we have now left the EU the agreement is no longer there and even if it was if they hadnt claimed asylum there it didn't matter anyway.
Now you can argue whether its there moral duty not to try and cross the channel in a dinghy and I might agree with that but as I said we don't walk in there shoes and it is not up to us to pass moral judgement on them. As I have stated, they are not acting illegally, they are victims of a disgusting UK policy towards them that denies them basic rights. It doesn't have to be like this, the Government could change tack and allow it. We take 1/3 of the number of asylum seekers that France does, Germany takes 5 times more, Italy has taken 100,000 more and even Greece has taken more than us. Us the UK the 5th largest economy on the planet and a member of the coalition that invaded there homelands and destroyed their society.