En quoi consiste l’allocation pour demandeur d’asile (Ada)? 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. Â 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. You must appeal within one month with the help of an association or a lawyer against this obligation to leave French territory. It is indeed possible to argue that 2 months of silence from OFPRA implies an “implicit” refusal. France has a long tradition of offering asylum to foreign refugees, and the right of asylum has constitutional value under French law.Â French asylum law is heavily based on international and European law, but is largely codified in the Code de l’entrÃ©e et du sÃ©jour des Ã©trangers et du droit d’asile (CESEDA, Code of Entry and Residence of Foreigners and of the Right of Asylum).  Le droit d’asile: Les acteurs de la politique d’asile, supra note 40. The so-called "RESEDA" law of May 11, 1998 created access to a "subsidiary" type of protection, provided by the Ministry of the Interior. Its renewal depends on the continuation in your country of origin of the conditions that have warranted such protection.If you feel that your situation justifies refugee status, you can appeal against the OFPRA decision before the CNDA. An applicant for asylum must be either on French territory or at a French border crossing point to request asylum.Â Before coming, however, an asylum seeker may request a special visa for the purpose of asylum from a French embassy or consulate.Â 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.Â 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.Â Once in France, asylum seekers must register at a local prefecture as the first step of the asylum application process.Â 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.Â The asylum seeker is then supposed to send his/her application form to the Office franÃ§ais de protection des rÃ©fugiÃ©s et apatrides (OFPRA, French Office for the Protection of Refugees and Stateless Persons), which determines who is eligible for refugee status or subsidiary protection.Â The OFPRA must reach a decision within six months, though time extensions are possible in certain situations.
If the prefecture doesn’t take it into account, you will be able to produce these proofs in front of the judge when you are appealing your transfer decision. The spouse and … Ask for advice to the Collectif de soutien des exiles du 10ème arrondissement de Paris. The allowance is a maximum of 868 euros per month for a single person without resources and 1,347 euros per month for two people without resources. ], 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. The CNDA will consider new information only if it receives them no later than three days before the hearing date.  Le droit d’asile: Les acteurs de la politique d’asile, supra note 40; CESEDA arts. Problems encountered during the process further decrease the likelihood of making a successful asylum claim. As a result, for example, Algerian nationals persecuted by Islamic terrorists are excluded from conventional asylum claims and rely on territorial asylum to receive refugee status. Gisti, Le mariage des étrangers, coll. The person applying for asylum automatically loses their right to stay in France (and the certificate of asylum application may be refused, withdrawn or its renewal refused) in the following cases: if the OFPRA takes a decision of … 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.Â. b) If you have got an APS and you live in a private home or in a specialized center for asylum seekers (CADA or AUDA), you will have no problem getting a "récépissé" (yellow card) of three months’ validity as soon as OFPRA has sent a letter indicating that it has registered your file (see below "Filing your asylum application to the OFPRA”). , 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. (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. OFPRA acknowledge receipt of your application by mail. In that case, contact an association to take legal action against the refusal; the prefecture accepts to register your application but places you again in the “Dublin” procedure; it appears that prefectures have been encouraged to do this. All applications that are poorly explained may be rejected without interview.
 CESEDA art.  Â 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.  Le parcour du demandeur d’asile: L’hÃ©bergement du demandeur d’asile, supra note 39. The OFPRA evaluates all relevant evidence, and usually conducts an interview of the applicant as part of its investigation.Â The OFPRA’s decisions may be appealed to the Cour nationale du droit d’asile (National Court for Asylum Law). When you go to the prefecture, your fingerprints will be taken and entered into the computer.  Id. , The spouse and children of a refugee or beneficiary of subsidiary protection may reside in France with him/her.
or is submitted after a removal order (APRF- decision of expulsion) issued by police after an arrest.
There is a perception among some in France that migrants "get more money than a French pensioner who has worked all his life," as Marine Le Pen, president of the National Assembly (former National Front), has said. , 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. If you have refugee status, your family members have the right, under certain conditions, to a 10-year residence permit; If you have subsidiary protection, your family members have the right, under certain conditions, to a 4-year residence permit.  CESEDA art. In Paris: the center is called the “DEMIE” (evaluation unit for unaccompanied foreign minors – Red Cross): In Seine-Saint-Denis (93), it is the “PEMIE” : In Val-de-Marne (94), it is the “PEOMIE” : you come from a “safe country of origin”; your request for reconsideration is deemed ineligible; if you are considered as a threat to the public order, public security, or the safety of the state.
If you choose to do this, you must explain in French the reasons for your asylum request to the CNDA, indicate that you consider the 2 months of silence from OFPRA as a refusal and include in your letter a copy of the " OFPRA file" and proof of deposit of your initial asylum request to OFPRA (ie the receipt from the Post Office, or from OFPRA if you gave in your file in person). Crime and refugee status; Previously, France could withdraw refugee … Â 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. if you have refugee status, the members of your family have the right, under certain conditions, to a 10-year residence permit; if you have subsidiary protection, they have the right, under certain conditions, to a 4-year residence permit, then a 10-year residence permit.  Les droits des demandeurs d’asile: L’allocation pour demandeur d’asile, supra note 44. ; your current family status: married or in a civil partnership or single, your children (age, gender), state if these members of your family are in France, remain in your country of origin, or if they are dead. To get the allowance, you must open a bank account at the post office or in another bank using your receipt (APS) and your OFPRA receipt letter, and you must go to ASSEDIC, 25, passage Dubail, 75010 Paris. The principal government body in charge of processing and evaluating asylum applications is the Office franÃ§ais de protection des rÃ©fugiÃ©s et apatrides (OFPRA, French Office for the Protection of Refugees and Stateless Persons). Â 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.
Copyright © 2001-2020 Migration Policy Institute. L711-1, http://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000006 147794&cidTexte=LEGITEXT000006070158&dateTexte=20160105, archived at https://perma.cc/SUD6-DKN7. L752-1, http://www.legifrance.gouv.fr/affichCode.do;jsessionid=0737EB5CB4A378C904939C36B4 E8E2F2.tpdila23v_3?idSectionTA=LEGISCTA000030952584&cidTexte=LEGITEXT000006070158&dateTexte=20160106, archived at https://perma.cc/H9JN-RPG5. During your second appointment you will either receive a temporary authorisation to remain in France or you will be refused leave to remain. [What Is the Asylum Seeker Benefit (ADA)? You can request that the public prosecutor make changes, but this process is very slow; Family members section: this part is very important if you arrived on your own in France and wish at a later date to bring your family here (. Â 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. Â The CNDA must judge a case within five months of the date of the appeal. Throughout the process, any change of address must quickly and urgently be reported to all authorities by recorded delivery letters and you must keep the receipts of these deliveries. The prefecture will give you a form called a "notice of asylum to be filled in, and will give you an appointment to return.  CESEDA arts. your full name, your nationality, your date and place of birth; which country you come from, and more specifically, which region, which village or which neighborhood of a town (the Ofpra will ask you questions about this subject to check if you are really from this region); who are or who were your parents and your brothers and sisters (state their current situation: name, age, address of residence, occupation, marital status, etc.
However, those lodged in specialized accommodations gain by the fact that their cases are better examined; the percentage of acceptances of applications for asylum in specialized accommodations rises to 50 percent, whereas the average is 17 percent. Any new fact must be relevant and must reinforce your argument about personal fear of persecution.
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