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Summary

France has a long tradition of offering asylum to foreign refugees, and the right of asylum has constitutional value under French law.  French asylum law is heavily based on international and European law, but is largely codified in the Code de l’entrée et du séjour des étrangers et du droit d’asile (CESEDA, Code of Entry and Residence of Foreigners and of the Right of Asylum).

There are two types of asylum protection in France: refugee protection and subsidiary protection.  Asylum essentially rests on the serious possibility that the asylum seeker could be the victim of persecution or harm in his/her country of origin.  Asylum may be denied or revoked for individuals who have committed crimes or whose presence would be a threat to society or national security.

Refugees and beneficiaries of subsidiary protection have the right to live and work in France, and to bring their spouse and children.  Those granted refugee status can apply to be naturalized as French citizens immediately.  Refugees and beneficiaries of subsidiary protection have the right to obtain travel documents from the French government.  Refugees and beneficiaries of subsidiary protection are required to attend some civic training programs and, if necessary, language classes.  Refugees and beneficiaries of subsidiary protection have similar rights to social benefits as French citizens do, but only have access to certain special aid programs during the time that their application for asylum is being processed. 

An applicant for asylum must be either on French territory or at a French border crossing point to request asylum.  Before coming, however, an asylum seeker may request a special visa for the purpose of asylum from a French embassy or consulate.  A person with such a visa must follow the same procedure as other asylum seekers once in France, but is authorized to work while his/her application for asylum is being processed and evaluated, contrary to other applicants.  Asylum seekers who request asylum at a border crossing point are kept in a “waiting zone” for a few days while the Ministry of the Interior decides whether they should be allowed inside the country or not.  Once in France, asylum seekers must register at a local prefecture as the first step of the asylum application process.  The prefecture’s services verify whether France would be responsible for protecting the asylum seeker under European Union rules and, if it finds that it would, provides the applicant with an asylum application form and with information on the application process, the applicant’s rights and obligations, assistance that he/she is entitled to, and any local organizations that help asylum seekers.  The asylum seeker is then supposed to send his/her application form to the Office français de protection des réfugiés et apatrides (OFPRA, French Office for the Protection of Refugees and Stateless Persons), which determines who is eligible for refugee status or subsidiary protection.  The OFPRA must reach a decision within six months, though time extensions are possible in certain situations. The OFPRA evaluates all relevant evidence, and usually conducts an interview of the applicant as part of its investigation.  The OFPRA’s decisions may be appealed to the Cour nationale du droit d’asile (National Court for Asylum Law).

I.  Introduction

France has a long tradition of offering asylum to foreign refugees.  One of the constitutions drafted during the French revolution, the Constitution of 1793, provided that France should “give asylum to foreigners who have been banished from their homeland for the cause of liberty” and should “refuse [asylum] to tyrants.”[1]  While the Constitution of 1793 was never actually implemented, the nineteenth century saw many exiles from European countries destabilized by nationalist, revolutionary, and counter-revolutionary movements (Italy, Poland, Spain, etc.) seek and obtain refuge in France.[2]  Similar trends continued in the twentieth century, although that time period also saw the rise of countervailing tendencies towards restricting the influx of refugees.[3]

French asylum law today is founded on constitutional principles and heavily influenced by international and European law.  The preamble to the French Constitution of 1946, which was incorporated by reference into the preamble of the Constitution of 1958 (the current French constitution),[4] declared that “[a]ny man persecuted in virtue of his actions in favor of liberty may claim the right of asylum upon the territories of the Republic.”[5]  In a 1993 decision, the Constitutional Council (Conseil constitutionnel, the French high court with jurisdiction over questions of constitutionality) confirmed that, based on this constitutional provision, asylum is a constitutional right for persons who qualify for it.[6]  Consequently, it  ruled that asylum applicants have a general right to stay in France until their asylum request has been processed and decided upon, and that, barring any threat to public order, all persons who qualify for asylum must be allowed to stay in France.[7] 

In addition to this constitutional foundation, French asylum law rests heavily on international and European law.[8]  Of particular importance are the 1951 Geneva Convention Relating to the Status of Refugees, and the European Union (EU) Regulation of June 26, 2013 (referred to as the “Dublin Regulation”).[9]  On a practical level, however, French asylum law has mostly been codified in the Code de l’entrée et du séjour des étrangers et du droit d’asile (CESEDA, Code of Entry and Residence of Foreigners and of the Right of Asylum), including the application of the aforementioned international and European norms in French domestic law.[10]  The present report, therefore, will principally refer to the CESEDA.

French asylum law has gone through many reforms and evolutions, big and small, over the past two centuries.  There have been some significant recent changes, as France attempts to cope with the challenges posed by the refugee crisis currently affecting Europe.  Specifically, French legislators enacted a law in July 2015 that reformed several aspects of asylum law.[11]  The present report discusses French asylum law as it currently stands after implementation of this 2015 law.

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II.  Refugee Status and Subsidiary Protection

There are two basic types of asylum protection in France: refugee status, and subsidiary protection.

A. Refugee Status

Refugee status is defined as belonging to “any person persecuted for his/her action in favor of liberty” as well as any person over whom the United Nations High Commission for Refugees (UNHCR) has competence under articles 6 and 7 of its statute, and any person who is covered by article 1 of the 1951 Geneva Convention Relating to the Status of Refugees.[12]  This includes any person

who is outside the country of his nationality, or if he has no nationality, the country of his former habitual residence, because he has or had well-founded fear of persecution by reason of his race, religion, nationality or political opinion and is unable or, because of such fear, is unwilling to avail himself of the protection of the government of his nationality, or, if he has no nationality, to return to the country of his former habitual residence.[13] 

To the criteria of race, religion, nationality, or political opinion as the reason for persecution, French law adds gender and sexual orientation as factors to consider.[14]  The persecution feared by the asylum seeker does not necessarily have to come from his/her country’s government.  The fear of persecution at the hands of non-state actors is also a valid cause to obtain refugee status, if the country’s government is unable or unwilling to protect the asylum seeker from such persecution.[15]

A person may be denied refugee status, or such status may be revoked, if (a) there is serious reason to believe that his/her presence in France presents a grave threat to the security of the state; or (b) he/she was found guilty of an act of terrorism or of a crime punished by more than ten years of incarceration, and his/her presence in France presents a grave threat to society.[16]

B. Subsidiary Protection

Subsidiary protection is given to any person who does not fulfill the conditions to be recognized as a refugee, but for whom there are serious and known reasons to believe that he/she is in real danger of suffering the following violations in his/her country: (a) execution, (b) torture or inhumane or degrading treatment, or (c) if the person is a civilian, a serious and individual threat to his/her life or person by reasons of indiscriminate violence in situations of international or internal armed conflict.[17]  Subsidiary protection may be denied to a person when there are serious reasons to believe that (a) he/she has committed a crime against peace, a war crime, or a crime against humanity; (b) he/she has committed a serious crime; (c) he/she is guilty of acts contrary to the objectives and principles of the United Nations; or (d) his/her activity on French territory presents a grave threat to public order, public security, or the security of the state.[18]  Furthermore, subsidiary protection may be denied to a person if there is serious reason to believe that he/she has committed a crime that would be punishable by prison if it had been committed in France, and that he/she only left his/her country of origin to escape punishment for that crime.[19]

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III.  Benefits of Asylum

A.  Right to Stay

1.  Residency

The first, and perhaps most obvious, benefit of asylum is the legal right to reside in France.  Refugees gain the right to a residency permit, which is valid for an initial term of ten years and can then be renewed for an indefinite term.[20]  Beneficiaries of subsidiary protection gain the right to a temporary stay permit, valid for an initial term of one year and renewable for subsequent two-year terms.[21]  Both the residency permit and the temporary stay permit authorize the holder to work in France.[22]

The spouse and children of a refugee or beneficiary of subsidiary protection may reside in France with him/her.[23]  However, this right may be denied to a relative whose presence in France would present a threat to public order, or who is found to have participated in the persecutions that caused the asylum request, or if the applicant does not follow the basic principles of family life in France (such as monogamy, for example).[24]

2.  Obtaining French Citizenship

Furthermore, being a refugee greatly shortens the naturalization process, should the person wish to obtain French citizenship.  Whereas the normal requirements for naturalization include (among other criteria) that the applicant have resided in France for at least the previous five years,[25] a person officially recognized as a refugee by the French government may apply for naturalization immediately.[26]  All the other requirements (such as being of good moral conduct and character; having no criminal record; demonstrating that he/she is integrated into French society; and that he/she has sufficient knowledge of the French language, history, culture, and values)[27] appear to generally apply, however, except that a further simplification is provided for elderly refugees.  Political refugees and stateless persons who are over seventy years of age and who have resided in France for at least fifteen years may be naturalized without having to demonstrate knowledge of the French language.[28]  The normal rules of naturalization apply to beneficiaries of subsidiary protection, but unlike refugees, they are not exempt from the five-year residency requirement.

B.  Travel Documents

A refugee or beneficiary of subsidiary protection may obtain travel documents from the French government, unless there is a strong reason related to national security or public order for the government to withhold such travel documents.[29]  These travel documents allow the person to travel outside of France (in a manner similar to a passport), and are valid for two years for a refugee, and one year for a beneficiary of subsidiary protection.[30]  An important limitation to these travel documents is that they do not authorize a refugee or beneficiary of subsidiary protection to return to his/her country of origin or any other country where he/she may suffer the persecution or danger that justified asylum in France.[31]  However, a refugee or beneficiary of subsidiary protection may request a three-month safe conduct pass to travel to his/her country of origin when it is justified by very rare circumstances such as the death or serious illness of a close relative.[32]

C.  Assimilation

Like other immigrants upon their first arrival in France, refugees and beneficiaries of subsidiary protection are required to sign an “accommodation and integration contract” (contrat d’accueil et d’intégration) with the French government, by which they commit to respect the fundamental values of the French Republic and to attend a civic training program, an information session on life in France, and, if necessary, language classes.[33]  The civic training program is a one-day session about French political and administrative institutions as well as French social values such as gender equality, secularism, and compulsory and free access to education.[34]  The information session about life in France is meant to “inform newly arrived migrants of the formalities of everyday life.”[35]  This “contract” also gives access to individualized help to determine the person’s professional competencies and potential, and to develop a strategy to find employment.[36]

D.  Social Benefits

1.     Refugees and Beneficiaries of Subsidiary Protection Eligible for the Same Social Benefits as French Citizens

Refugees and beneficiaries of subsidiary protection have similar rights to social benefits as French citizens.[37]  They are covered by the French universal health insurance scheme, for example, and they may get various social welfare benefits (guaranteed minimum income, family subsidies, access to social housing, etc.) under the same conditions as French citizens.[38] 

2.  Special Programs for Asylum Seekers

a.  Temporary Housing Assistance

Asylum seekers also benefit from certain welfare programs that target them specifically, in order to facilitate their settlement into French society.  Specifically, asylum seekers may reside in special temporary housing facilities called centres d’accueil pour demandeurs d’asile (CADA, centers for the reception of asylum seekers) while their asylum applications are being processed.[39]  These facilities are usually managed at the local level by nonprofit organizations or by semipublic companies (sociétés d’économie mixte).[40]  If an asylum seeker’s application is approved, thereby granting him/her the status of refugee or beneficiary of subsidiary protection, he/she may stay in his/her CADA for up to six months while he/she seeks a more permanent housing arrangement.[41]  Like many other European countries, France has seen a surge in incoming refugees over the last couple of years, and this surge has resulted in a severe shortage in housing facilities for these new asylum applicants.[42]  In response to this crisis, the French government has endeavored to create 11,000 new CADA and similar emergency housing facilities in 2016.[43]

b.  Temporary Financial Assistance

Additionally, asylum seekers in France are legally entitled to financial assistance called the allocation pour demandeur d’asile (ADA, Asylum Seeker Benefit) if their monthly income is under a certain threshold.[44]  The amount of financial assistance depends on factors such as the applicant’s financial resources, the type of housing that he/she resides in, and the number of dependents in his/her family.[45]  Before any potential deduction or supplementation, the basic benefit is €6.80 (approximately US$7.37) per day for a single person, to be paid at the end of each month.[46]  This is increased to €10.20 (US$11.05) per day for a two-person family, €13.60 (US$14.73) per day for a three-person family, and so forth.[47]  If the asylum seeker and his/her family have not been given housing in a CADA or similar facility, an extra €4.20 (US$4.55) per day is added to help them pay for lodging.[48]

This financial assistance ends when the government authorities have come to a final decision on the asylum seeker’s application.[49]  If the decision was positive (the asylum seeker was granted either refugee status or subsidiary protection), the person becomes eligible for the same welfare benefits as regular French citizens, as noted earlier.  Furthermore, even while the asylum seeker’s application is being considered by the government authorities, his/her ADA payments may be suspended for certain causes, such as if the asylum seeker left his/her place of residence without authorization, failed to show up at meetings with the authorities, or failed to respond to the authorities’ requests for information.[50]  The ADA payments may be ended entirely if the asylum seeker is found to have lied about his/her financial resources or family situation, or if he/she engaged in violent behavior or seriously breached the rules of his/her place of lodging.[51]

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IV.  The Admission of Refugees

A.  Visas for the Purpose of Asylum

An applicant must be either on French territory or at a French border crossing to request asylum.[52]  An application for asylum cannot be made from another country.[53]  Before coming to France, however, an asylum seeker may request a special visa for the purpose of asylum from the French embassy or consulate closest to his/her place of residence.[54]  This will allow the asylum seeker to enter France, and then submit an application for asylum from within France.[55]  The principal advantage of entering France on such a visa rather than entering France illegally or on another type of visa (such as a tourist or student visa) is that applicants who came on the basis of a visa for the purpose of asylum are authorized to work while their asylum application is being processed.[56]  By contrast, an asylum seeker who did not enter France on the basis of a visa for the purpose of asylum may not work until the competent French authorities come to a decision on his/her application for asylum (if, for reasons that are not of the applicant’s doing, the authorities take more than nine months to come to a decision, the applicant may legally work nine months after the registration of his/her application for asylum).[57]

It is worth noting that there is no statutory foundation for visas for the purpose of asylum, but rather they are the product of executive instructions to France’s consular stations.[58]  These instructions require the consular authorities to protect the visa applicant’s confidentiality, and the visa document does not actually mention anything about asylum.[59]  This discretion is meant to avoid bringing the asylum seeker to the attention of potential persecutors while he/she is still in his/her country of origin.

It appears that approximately 791 visas were granted to Syrian nationals for the purpose of asylum during the year 2013 (155 were granted in Syria proper, and 636 were granted by French consulates in countries neighboring Syria), a significant increase compared to previous years.[60]  However, these numbers appear very modest compared to the many thousands of refugees from that region who tried to enter Europe during that time period.[61]  According to some estimates, approximately 5,000 Syrians, including 3,000 with refugee status, entered France between March 2011 and February 2014,[62] which would seem to indicate that most entered France without the benefit of a special visa for the purpose of asylum.

B.  The Principal Actors

The principal government body in charge of processing and evaluating asylum applications is the Office français de protection des réfugiés et apatrides (OFPRA, French Office for the Protection of Refugees and Stateless Persons).[63]  Several other entities also play important roles, however, particularly the Cour nationale du droit d’asile (CNDA, National Court on Asylum Law), the Office français de l’immigration et de l’intégration (OFII, French Office for Immigration and Assimilation), and a number of specialized nonprofit organizations.[64]

The French asylum system appears to rely on nonprofit organizations to a very large degree.  As mentioned earlier, many refugee housing facilities are managed by nonprofit organizations.  In addition to that role, refugee-centered nonprofits are responsible for informing and guiding asylum seekers throughout the application process.[65]

The main point of contact between asylum applicants and the government authorities is the OFII, which coordinates the French asylum system and often acts as the intermediary between applicants and the OFPRA.[66]  There are thirty-four OFII offices located within prefectures around the country.[67]

The CNDA is a specialized administrative court set up to hear asylum seekers’ appeals against unfavorable decisions of the OFPRA.[68]  Placed under the authority of a member of the Conseil d’Etat (Council of State, France’s highest court in matters of administrative law), this court is divided into several judging sections, each composed of a judge and two assistants (assesseurs).[69]  One of the two assistants in each judging section is nominated by the UNHCR.[70]  While the standard hearing panel configuration is the three-member judging section, cases that are deemed particularly important may be heard by the court in “large formation” (grande formation), composed of three judges (including the president of the court) and six assistants, three of these assistants being UNHCR nominees.[71]  Conversely, a judge may decide a case by him/herself when the convening of a regular three-member hearing formation would not be justified.[72]  Examples of such cases include situations where an appeal does not bring up any serious argument to reverse the OFPRA’s decision, the appeal must be rejected as being procedurally defective, or the appeal must be rejected because it does not fall within the CNDA’s jurisdiction.[73]  Decisions of the CNDA are appealable to the Conseil d’Etat.[74]

C.  Procedure for Requesting Asylum at a French Border Crossing

If a person arrives at a French border crossing point (typically a port, an airport, or a major train station) without the proper documents to enter French territory, he/she may ask the border police for asylum.[75]  The border police will give the asylum seeker (in a language that he/she can understand) information on the asylum procedure, his/her rights and obligations, and the assistance that he/she may be entitled to.[76]  The asylum seeker will be kept in a “waiting zone” (zone d’attente, often an international transit zone) while French authorities do a preliminary assessment to decide whether he/she should be admitted into France.[77]  Entry will be refused if the asylum seeker’s case is found to be the responsibility of another country under the rules of the EU’s Dublin Regulation,[78] the request for asylum is clearly improper or fraudulent, the request for asylum is inadmissible (for example, if asylum was already granted by another country), the request for asylum is clearly unfounded (for example, if it is incoherent or has no credibility), or the applicant would be a threat to public order.[79]  This preliminary investigation is conducted by the OFPRA, but the decision to admit an applicant into France or not belongs to the Ministry of the Interior, after consulting the OFPRA.[80]  The OFPRA usually renders its evaluation within four days, and in any case an applicant may not be held in the waiting zone for more than twenty days.[81]

An applicant who is denied entry into France has forty-eight hours to appeal the decision before an administrative judge.[82]  The administrative judge then has seventy-two hours to either confirm or invalidate the denial of entry, and this decision is, in turn, appealable to an administrative court of appeals.[83]  If the denial of entry is not reversed, the applicant is sent back to his/her country of origin (or the country from which he/she came to France) at the expense of the transport company that carried him/her to France.[84]

An applicant who is authorized to enter France for the purpose of seeking asylum is given a temporary visa, which is valid for eight days.[85]  During that eight-day period, the asylum seeker must submit an application for asylum to a local prefecture, as described below.[86]

D.  Procedure for Requesting Asylum from Within France

The following procedure applies for the asylum seeker who is already on French territory, either because he/she entered France illegally, because he/she was granted the temporary visa described above, or because he/she entered France on the basis of another visa or stay permit (student visa, tourist visa, etc.).

1.  Registration at a Local Prefecture

The asylum seeker’s first step is to register as an asylum seeker with the French authorities.[87]  The competent authorities for this registration are the local prefectural services.[88]  These services verify whether France is responsible for protecting the asylum seeker under the rules of the EU Dublin Regulation.[89]  The prefectural services have up to three days to make this determination, except when they are faced with a high number of foreigners asking for asylum at the same time, in which case they may take up to ten days to make a determination.[90]  If no other country is found to be responsible for protecting the asylum seeker under the Dublin Regulation, the prefectural services give the applicant a document certifying that he/she is registered as an asylum seeker.[91]  This registration document does not authorize the applicant to travel within the European Union.[92]  Furthermore, it may be denied or taken away in certain cases, including (a) when the OFPRA has found that the applicant already benefits from protection in another country; (b) when the asylum seeker retracts his/her application for asylum; (c) when the asylum seeker’s file is closed because of his/her failure to file required forms in a timely manner or attend required meetings, or due to his/her refusal to provide important information; (d) when the asylum seeker requests a reconsideration of his/her application after a final denial; or (e) when the asylum seeker is the subject of a European arrest warrant, an arrest request from an international criminal court, or a decision to extradite him/her to a country other than his/her country of origin.[93]

In addition to the registration document mentioned above, the prefectural services give the asylum seeker an asylum application form, as well as information on the asylum application process, his/her rights and obligations during that process, assistance he/she is entitled to (lodging, financial assistance, etc.), and any local organizations that help asylum seekers.[94]

2.  The OFPRA’s Investigation

An asylum seeker must submit his/her application for asylum to the OFPRA within twenty-one days of receiving his/her registration document.[95]  The OFPRA must then reach a decision within six months.[96]  This time limit may be extended to a maximum of nine additional months in certain circumstances, such as when complex issues of fact and/or law are involved, when large numbers of asylum seekers apply for protection at the same time, or when the delay is clearly attributable to the applicant’s failure to comply with his/her obligations.[97]  If the OFPRA is unable to reach a decision within six months, it must notify the applicant of that fact at least fifteen days before the end of the six-month period.[98]

The OFPRA must investigate applications under an “accelerated procedure” when the asylum seeker comes from a safe country.[99]  The OFPRA may also, if it chooses, investigate under an accelerated procedure in cases where (a) the asylum seeker is found to have sought to mislead the OFPRA by providing fake documents, lying, or concealing information regarding his/her identity, nationality, and/or entry into France; (b) the asylum seeker is found to have submitted several applications for asylum under different identities; (c) the asylum seeker’s application only rests on elements that are irrelevant to asylum; (d) the asylum seeker’s statements to the OFPRA are clearly incoherent, contradictory, false, or very implausible; (e) the asylum seeker refuses to provide his/her fingerprints; (f) the asylum seeker, without legitimate reason, had stayed in France illegally for over 120 days before he/she submitted an application for asylum; or (g) the only purpose for the application for asylum is to delay deportation.[100]  Under such an accelerated procedure, the OFPRA is supposed to reach a decision on the application within fifteen days.[101]

The OFPRA conducts an investigation to verify whether the applicant fulfills the criteria for refugee status or subsidiary protection.[102]  The OFPRA evaluates all relevant evidence, including the applicant’s statements and any documentation concerning his/her identity, age, personal and family history, nationality, travel documents, past residences, past requests for asylum, itinerary, and the reasons for which he/she is seeking asylum.[103]  The agency also takes into consideration the current situation in the country of origin, as well as any activity that the applicant has engaged in since leaving the country of origin that may expose him/her to persecution or harm if he/she were to return there.[104]  It appears that special weight is given to evidence that the applicant has been the victim of past persecution, serious harm, or direct threats in the country of origin.[105]

The applicant is required to cooperate with the agency’s investigation, which generally includes an interview.[106] The applicant may be interviewed in the presence of an attorney or of a representative from an authorized nonprofit advocacy group.[107]  The presence of an attorney or advocate is not required, however, and if present, the attorney or advocate may not speak until the end of the interview.[108]  The OFPRA may also, as part of its investigation, request that the applicant submit to a medical examination.[109]

The OFPRA is held to a strict obligation of confidentiality.  It is required to conduct its investigation without divulging the existence of a request for asylum to the alleged authors of persecution or harm.[110]  The OFPRA must also conduct its investigation without divulging any information that might endanger anyone or that might jeopardize the agency’s ability to conduct future investigations.[111]

3.  The OFPRA’s Decision

The OFPRA must provide a decision in writing to the applicant.[112]  All decisions denying refugee status must include the grounds, both factual and legal, for the denial of protection.[113]  Decisions awarding subsidiary protection must also be reasoned, inasmuch as such decisions are technically denials of refugee status.[114]  The OFPRA must also communicate its decision, whether it is positive or negative, to the prefect of the asylum seeker’s place of residence.[115]

As mentioned in Part II above, the status of refugee or subsidiary protection may be revoked.  The OFPRA may revoke protection, either on its own initiative or upon the request of the Minister of the Interior or a local prefect, in the following situations: (a) in any of the circumstances described in sections C, D, E, and F of article 1 of the Geneva Convention of July 28, 1951; (b) if the decision to grant protection is found to have been the result of a fraud; (c) when there are serious reasons to believe that the person’s presence in France would present a grave threat to the safety of the state; or (d) when the person was found guilty of an act of terrorism or a serious crime in France, and his/her continued presence in France would present a grave threat to society.[116]

4.  Recourse Before the Cour nationale du droit d’asile (CNDA)

Asylum seekers may appeal decisions of the OFPRA to the CNDA within one month of being notified.[117]  The CNDA must judge a case within five months of the date of the appeal.[118]  The CNDA may either (a) deny the applicant’s appeal, (b) reverse the OFPRA’s decision and grant asylum to the applicant, or (c) quash the OFPRA’s decision and send the case back to it for further investigation.[119]

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Prepared by Nicolas Boring
Foreign Law Specialist
March 2016


 

[2] Gérard Noiriel, La Tyrannie du National: Le droit d’asile en Europe 1793–1993 [The Tyranny of the National: Asylum Rights in Europe 1793–1993] at 37 (1991).

[3] Id. at 100–117.

[6] Décision No. 93-325 DC du 13 août 1993 [Decision No. 93-325 DC of August 13, 1993], Conseil constitutionnel [Constitutional Council], http://www.conseil-constitutionnel.fr/conseil-constitutionnel/ francais/les-decisions/acces-par-date/decisions-depuis-1959/1993/93-325-dc/decision-n-93-325-dc-du-13-aout-1993.10495.html, archived at https://perma.cc/M9HG-J4B2.

[7] Id.

[8] Les grands principes du droit d’asile [The Main Principles of Asylum Law], Ministère de l’intérieur [Ministry of the Interior] (Nov. 2, 2015), http://www.immigration.interieur.gouv.fr/Asile/Le-droit-d-asile/Les-grands-principes-du-droit-d-asile, archived at https://perma.cc/8KYT-TEMT.

[9] Id.; Convention Relating to the Status of Refugees, July 28, 1951, 19 U.S.T. 6259, 189 U.N.T.S. 137, http://www.unhcr.org/3b66c2aa10.html, archived at https://perma.cc/36LL-Z9PR; Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013 Establishing the Criteria and Mechanisms for Determining the Member State Responsible for Examining an Application for International Protection Lodged in One of the Member States by a Third-Country National or a Stateless Person, 2013 O.J. (L 180) 31, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:180:0031:0059:EN:PDF, archived at https://perma.cc/778B-TM4C.

[10] Les grands principes du droit d’asile, supra note 8; Code de l’entrée et du séjour des étrangers et du droit d’asile [CESEDA, Code of Entry and Residence of Foreigners and of the Right of Asylum], http://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006070158&dateTexte=20160105, archived at https://perma.cc/943H-E4JD.

[11] Loi n° 2015-925 du 29 juillet 2015 relative à la réforme du droit d’asile [Law No. 2015-925 of July 29, 2015, Regarding Reform of Asylum Law], http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT00003 0949483&categorieLien=id, archived at https://perma.cc/LDT7-4KLZ.

[13] Statute of the Office of the United Nations High Commissioner for Refugees art. 6.B (Dec. 14, 1950), http://www.unhcr.org/3b66c39e1.html, archived at https://perma.cc/3JYS-9DA3.

[15] Les grands principes du droit d’asile, supra note 8.

[16] CESEDA art. L711-6.

[18] Id. art. L712-2.

[19] Id.

[21] CESEDA arts. L313-11, L313-13, http://www.legifrance.gouv.fr/affichCode.do?idSectionTA= LEGISCTA000006180199&cidTexte=LEGITEXT000006070158&dateTexte=20160106, archived at https://perma.cc/QH7Z-V7SD; Les droits des bénéficiaires d’une protection: Le séjour en France [The Rights of Beneficiaries of Protection : Staying in France], Ministère de l’intérieur [Ministry of the Interior] (Oct. 30, 2015), http://www.immigration.interieur.gouv.fr/Asile/Les-droits-des-beneficiaires-d-une-protection/Le-sejour-en-France, archived at https://perma.cc/L6E3-QJXE; Les droits des bénéficiaires d’une protection: Le séjour en France, supra note 20.

[22] CESEDA arts. L313-13, L314-4.

[24] Id.

[26] Code Civil art. 21-19.

[27] Id. arts. 21-16, 21-23, 21-24.

[28] Id. art. 21-24-1.

[29] CESEDA arts. L753-1, L753-2, http://www.legifrance.gouv.fr/affichCode.do;jsessionid=DBF30A36 3AEF2062FC87081386E633B1.tpdila11v_1?idSectionTA=LEGISCTA000030952616&cidTexte=LEGITEXT000006070158&dateTexte
=20160107
, archived at https://perma.cc/NP5N-Z3M7; Les droits des bénéficiaires d’une protection: Le voyage à l’étranger [The Rights of Beneficiaries of Protection: Traveling Abroad], Ministère de l’intérieur [Ministry of the Interior] (Oct. 30, 2015), http://www.immigration.interieur.gouv.fr/Asile/Les-droits-des-beneficiaires-d-une-protection/Le-voyage-a-l-etranger, archived at https://perma.cc/EG9T-DTMF.

[30] Id.

[31] Id.

[32] Les droits des bénéficiaires d’une protection: Le voyage à l’étranger, supra note 29.

[33] CESEDA art. L311-9, http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT00000 6070158&idArticle=LEGIARTI000006335043&dateTexte=&categorieLien=cid, archived at https://perma.cc/759G-Y5XE; Everything About the CAI: Presentation, Office français de l’immigration et de l’intégration [French Office for Immigration and Assimilation], http://www.ofii.fr/s_integrer_ en_france_47/presentation_466.html (last visited Jan. 6, 2016), archived at https://perma.cc/XAW8-523L.

[34] Everything About the CAI: Presentation, supra note 33.

[35] Id.

[136 Les droits des bénéficiaires d’une protection: L’intégration [The Rights of Beneficiaries of Protection: Assimilation], Ministère de l’intérieur [Ministry of the Interior] (Oct. 30, 2015), http://www.immigration. interieur.gouv.fr/Asile/Les-droits-des-beneficiaires-d-une-protection/L-integration, archived at https://perma.cc/M27D-87E2.

[37] Jean-Michel Belorgey, Le droit d’asile [Asylum Law] 132 (2013).

[38] Id.; Les droits des bénéficiaires d’une protection: Les droits sociaux [The Rights of Beneficiaries of Protection: Social Rights], Ministère de l’intérieur [Ministry of the Interior] (Oct. 30, 2015), http://www.immigration. interieur.gouv.fr/Asile/Les-droits-des-beneficiaires-d-une-protection/Les-droits-sociaux, archived at https://perma.cc/2PSP-YDUF.

[39] CESEDA arts. L744-1 & L744-5, http://www.legifrance.gouv.fr/affichCode.do;jsessionid=741E2ED4BE 705ACA52845E299276A2D0.tpdila14v_2?idSectionTA=LEGISCTA000030952343&cidTexte=LEGITEXT000006070158&dateTexte=
20160108
, archived at https://perma.cc/N5QH-KYKJ; Le parcour du demandeur d’asile: L’hébergement du demandeur d’asile [The Asylum Seeker’s Itinerary: Housing for the Asylum Seeker], Ministère de l’intérieur [Ministry of the Interior] (Oct. 30, 2015), http://www.immigration.interieur.gouv.fr/Asile/Le-parcours-du-demandeur-d-asile/L-hebergement-du-demandeur-d-asile, archived at https://perma.cc/M9UD-FU85.

[40] Le droit d’asile: Les acteurs de la politique d’asile [Asylum Rights: The Actors of Asylum Policy], Ministère de l’intérieur [Ministry of the Interior] (Nov. 2, 2015), http://www.immigration.interieur.gouv.fr/Asile/Le-droit-d-asile/Les-acteurs-de-la-politique-d-asile, archived at https://perma.cc/KS5S-7JK4.

[41] Le parcour du demandeur d’asile: L’hébergement du demandeur d’asile, supra note 39.

[42] Appel à projets concernant la création de 4000 places d’hébergement d’urgence pour demandeurs d’asile de type AT-SA [Call for Projects Regarding the Creation of 4000 Urgent Housing Places for AT-SA Type Asylum Seekers], Ministère de l’intérieur [Ministry of the Interior] (July 29, 2015), http://www.immigration.interieur. gouv.fr/Asile/Appel-a-projets-concernant-la-creation-de-4000-places-d-hebergement-d-urgence-pour-demandeurs-d-asile-de-type-AT-SA, archived at https://perma.cc/2DCN-2BG2

[43] Id.

[44] CESEDA arts. L744-9, L744-10, http://www.legifrance.gouv.fr/affichCode.do;jsessionid=C21FD4C 99B1D528BA98E1441CCE0F14C.tpdila14v_2?idSectionTA=LEGISCTA000030952365&cidTexte=LEGITEXT000006070158&dateTexte
=20160108
, archived at https://perma.cc/N8WL-TFVM; Les droits des demandeurs d’asile: L’allocation pour demandeur d’asile [The Asylum Seeker’s Rights: Asylum Seeker Benefits], Ministère de l’intérieur [Ministry of the Interior] (Oct. 30, 2015), http://www.immigration.interieur.gouv.fr/Asile/Les-droits-des-demandeurs-d-asile/L-allocation-pour-demandeur-d-asile-ADA, archived at https://perma.cc/D4WK-3JUB.

[45] Les droits des demandeurs d’asile: L’allocation pour demandeur d’asile, supra note 44.

[46] En quoi consiste l’allocation pour demandeur d’asile (Ada)? [What Is the Asylum Seeker Benefit (ADA)?], Service-public.fr (information website of the French administration) (Nov. 1, 2015), https://www.service-public.fr/particuliers/vosdroits/F33314, archived at https://perma.cc/KRU7-AMA6

[47] Id.

[48] Id.

[49] Les droits des demandeurs d’asile: L’allocation pour demandeur d’asile, supra note 44.

[50] Id.

[51] Id.

[52] Les grands principes du droit d’asile, supra note 8.

[53] La procédure de demande d’asile: Demander l’asile de l’étranger [The Asylum Procedure: Requesting Asylum from Abroad], Office français de protection des réfugiés et apatrides [French Office for the Protection of Refugees and Stateless Persons], https://www.ofpra.gouv.fr/fr/asile/la-procedure-de-demande-d-asile/demander-l-asile-de-l-etranger (last visited Jan. 11, 2016), archived at https://perma.cc/E8S9-7H86.

[54] Id.

[55] Id.

[56] Id.

[58] Question No. 23491 de M. Laurent Grandguillaume au Ministre de l’intérieur [Question No. 23491 of Mr. Laurent Grandguillaume to the Minister of the Interior], Question écrite [Written Question], Assemblée Nationale [National Assembly] (Dec. 17, 2013), http://questions.assemblee-nationale.fr/q14/14-23491QE.htm, archived at https://perma.cc/DX8L-4VFZ.

[59] Id.

[60] Id.

[61] Philippe Huguen, Réfugiés syriens: leur nombre en constante augmentation en Occident [Syrian Refugees: Their Numbers in Constant Increase in the West], RFI (Apr. 17, 2014), http://www.rfi.fr/moyen-orient/20140321-refugies-syriens-leur-nombre-constante-augmentation-occident, archived at https://perma.cc/7QTP-5ZGG.

[62] Réfugiés syriens: la France fait un geste [Syrian Refugees: A Gesture on the Part of France], Le Point (Feb. 24, 2014), http://www.lepoint.fr/monde/refugies-syriens-la-france-fait-un-geste-24-02-2014-1795304_24.php, archived at https://perma.cc/999H-DCKM.

[63] Le droit d’asile: Les acteurs de la politique d’asile, supra note 40.

[64] Id.

[65] Le parcours du demandeur d’asile: L’accompagnement du demandeur d’asile [The Process for Asylum Seekers: The Support Program for Asylum Seeker], Ministère de l’intérieur [Ministry of the Interior] (Oct. 30, 2015), http://www.immigration.interieur.gouv.fr/Asile/Le-parcours-du-demandeur-d-asile/L-accompagnement-du-demandeur-d-asile, archived at https://perma.cc/F8PZ-Z7KW.

[66] Id.; Le droit d’asile: Les acteurs de la politique d’asile, supra note 40.

[67] Le parcours du demandeur d’asile: L’accompagnement du demandeur d’asile, supra note 65.

[69] Le droit d’asile: Les acteurs de la politique d’asile, supra note 40; CESEDA art. L732-1, http://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000006147817&cidTexte=LEGITEXT000006070158&dateTexte
=20160112
, archived at https://perma.cc/JB6P-V3U4

[70] Id.

[71] Formations de jugement de la C.N.D.A. [Judgment Formations of the C.N.D.A.], Cour nationale du droit d’asile [National Court on Asylum Law], http://www.cnda.fr/La-CNDA/Organisation-de-la-CNDA/Formations-de-jugement-de-la-CNDA (last visited Jan. 12, 2016), archived at https://perma.cc/M69S-6L4P; CESEDA art. R732-5, http://www.legifrance.gouv.fr/affichCode.do;jsessionid=FB3F85F0E323D105513EB 10EB45C49D6.tpdila18v_2?idSectionTA=LEGISCTA000006147855&cidTexte=LEGITEXT000006070158&dateTexte=20160112, archived at https://perma.cc/2XQB-L64E

[72] Formations de jugement de la C.N.D.A., supra note 71.

[75] La procédure de demande d’asile: Demander l’asile à la frontière [Asylum Procedure: Requesting Asylum at the Border], Office français de protection des réfugiés et apatrides [French Office for the Protection of Refugees and Stateless Persons], https://www.ofpra.gouv.fr/fr/asile/la-procedure-de-demande-d-asile/demander-l-asile-a-la-frontiere (last visited Jan. 12, 2016), archived at https://perma.cc/Y92C-VGS4; Première étape de la demande d’asile: l’enregistrement en préfecture [First Steps of the Request for Asylum: Registering at the Prefecture] (click on Depuis la frontière), Service-public.fr (information website of the French administration) (Oct. 2, 2015), https://www.service-public.fr/particuliers/vosdroits/F2232, archived at https://perma.cc/4HCR-PZY8.

[76] Première étape de la demande d’asile: l’enregistrement en préfecture (click on Depuis la frontière).

[78] Regulation (EU) No. 604/2013, supra note 14.

[79] CESEDA arts. L221-1, L213-8-1, http://www.legifrance.gouv.fr/affichCode.do;jsessionid=D199AE2484D 531EFB029FBE89976DAA9.tpdila07v_1?idSectionTA=LEGISCTA000006147750&cidTexte=LEGITEXT000006070158&dateTexte=
20160112
, archived at https://perma.cc/S4A2-4F64; Première étape de la demande d’asile: l’enregistrement en préfecture, supra note 75 (click on Depuis la frontière).

[80] La procédure de demande d’asile: Demander l’asile à la frontière, supra note 75.

[81] Id.

[82] CESEDA art. L213-9.

[83] Id.

[84] Id. arts. L213-4 – L213-8.

[85] Id. arts. L213-8-1, L213-8-2.

[86] Id.; La procédure de demande d’asile: Demander l’asile à la frontière, supra note 75.

[87] CESEDA art. L741-1, http://www.legifrance.gouv.fr/affichCode.do;jsessionid=0968D875D95471B1BFEB 2A96820D83BF.tpdila21v_3?idSectionTA=LEGISCTA000030957541&cidTexte=LEGITEXT000006070158&dateTexte=20160113, archived at https://perma.cc/4XDV-59NB; Première étape de la demande d’asile: l’enregistrement en préfecture, supra note 75 (click on both Depuis la frontière and Sur le territoire français).

[88] CESEDA art. R741-1, http://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA0000 31202369&cidTexte=LEGITEXT000006070158&dateTexte=20160113, archived at https://perma.cc/MRX6-TCVF; Première étape de la demande d’asile: l’enregistrement en préfecture, supra note 75 (click on both Depuis la frontière and Sur le territoire français).

[89] CESEDA art. L741-1.  Applicants who requested asylum at the border, as described in Part IV(C) of this report, have already gone through such a verification at this point, so this step would be redundant for them.  Nonetheless, it is unclear whether the prefectural services skip this step or not in their cases.

[90] CESEDA art. L741-1.

[91] Id. arts. L741-1, R741-4.

[92] Id. art. R741-4.

[93] Id. art. L743-2.

[94] Id. art. R741-4.

[96] Id. art. R723-2, http://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000031197668&cidTexte =LEGITEXT000006070158&dateTexte=20160114, archived at https://perma.cc/5LPG-LQ9D; Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on Common Procedures for Granting and Withdrawing International Protection art. 31, ¶ 3, 2013 O.J. (L 180) 60, http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32013L0032&from=en, archived at https://perma.cc/V4FE-AY2T.

[97] Id.

[98] CESEDA art. R723-3.

[100] Id.

[101] Id. art. R723-4.

[102] Id. art. L723-4.

[103] Id.

[104] Id.

[105] Id.

[106] Id. arts. L723-4, L723-6.

[107] Id. art. L723-6.

[108] Id.

[109] Id. art. L723-5.

[110] Id. art. L723-10.

[111] Id.

[112] Id. art. L723-8.

[113] Id.

[114] L’instruction des demandes de protection: La décision [The Investigation of Requests for Protection: The Decision], Office français de protection des réfugiés et apatrides [French Office for the Protection of Refugees and Stateless Persons], https://www.ofpra.gouv.fr/fr/asile/l-instruction-des-demandes-de/la-decision (last visited Jan. 15, 2016), archived at https://perma.cc/QY4Z-2F6L.

[117] CESEDA art. L731-2.

[118] Id.