Country Report: France

2020
Update2020 Update
Acknowledgements & Methodology
The 2020 update of this report was written by Laurent Delbos and Claire Tripier at Forum réfugiés – Cosiand edited by ECRE.
Forum réfugiés-Cosi wishes to thank all those individuals and organisations who shared their expertiseto contribute or check the information gathered during the research. Particular thanks are owed to many
Forum réfugiés-Cosi colleagues who have shared their practical experience on the right of asylum inFrance – which have been key to feed concrete reality-checks and observations into this report; to thetwo lawyers who have taken the time to share their views on the French system; to the staff of France
terre d’asile, the Anafé and the UNHCR Paris office for their expert and constructive feedback provided
for the initial report and finally to ECRE for its support throughout the drafting process. Forum réfugiésCosi would also like to thank the European Asylum, Migration and Integration Fund (AMIF) for co-financing
its awareness-raising missions which allowed us to provide additional time to research and draft thisreport.
The findings presented in this report stem from background desk research, interviews with fieldpractitioners and lawyers, as well as feedback from French NGOs and the Paris-based UNHCR office
and finally statistics shared by the French authorities.
Caveat: In France, asylum policies – including reception procedures – are largely under prefectural execution. This
review of practice is mostly based on observations in the departments of Ile de France, Rhône, Puy-de-Dôme, HauteGaronne and Alpes-Maritimes. However, the conclusions presented in this report on the concrete implementation of
asylum policies have been cross-checked and triangulated with observations of these practices in other regions andare supported by findings presented in other reports – be they official or drafted by civil society organisations.

The information in this report is up-to-date as of 31 December 2020, unless otherwise stated.

2

Table of Contents
Glossary & List of Abbreviations ......................................................................................... 6
Statistics ................................................................................................................................ 9
Overview of the legal framework .........................................................................................12
Overview of the main changes since the previous report update .....................................17
Asylum Procedure ................................................................................................................20
A.

General ........................................................................................................................................ 20
1.

Flow chart ................................................................................................................................. 20

3.

List of the authorities intervening in each stage of the procedure ........................................... 21

4.

Number of staff and nature of the determining authority ......................................................... 21

5.

Short overview of the asylum procedure.................................................................................. 23

B.

Access to the procedure and registration ............................................................................... 25
1.

Access to the territory and push backs .................................................................................... 25

2.

Registration of the asylum application ..................................................................................... 31

C.

Procedures.................................................................................................................................. 36
1.

Regular procedure ................................................................................................................... 36

2.

Dublin ....................................................................................................................................... 49

3.

Admissibility procedure ............................................................................................................ 59

4.

Border procedure (border and transit zones) ........................................................................... 61

5.

Accelerated procedure ............................................................................................................. 72

D.

Guarantees for vulnerable groups ........................................................................................... 75
1.

Identification ............................................................................................................................. 75

2.

Special procedural guarantees ................................................................................................ 80

3.

Use of medical reports ............................................................................................................. 83

4.

Legal representation of unaccompanied children .................................................................... 84

E.

Subsequent applications ........................................................................................................... 86

F.

The safe country concepts........................................................................................................ 88
1.

First country of asylum ............................................................................................................. 882.

Safe country of origin ............................................................................................................... 88G.

H.

Information for asylum seekers and access to NGOs and UNHCR ...................................... 91
1.

Provision of information on the procedure ............................................................................... 91

2.

Access to NGOs and UNHCR.................................................................................................. 93
Differential treatment of specific nationalities in the procedure........................................... 933

Reception Conditions...........................................................................................................95
A.

Access and forms of reception conditions ............................................................................. 96
1. Criteria and restrictions to access reception conditions ............................................................... 96
2.

Forms and levels of material reception conditions ................................................................... 97

3.

Reduction or withdrawal of reception conditions...................................................................... 99

4.

Freedom of movement ........................................................................................................... 100

B.

Housing ..................................................................................................................................... 101
1.

Types of accommodation ....................................................................................................... 101

2.

Conditions in reception facilities ............................................................................................. 107

C.

Employment and education .................................................................................................... 109
1. Access to the labour market ...................................................................................................... 109
2. Access to education ................................................................................................................... 110

D.

Health care ................................................................................................................................ 111

E.

Special reception needs of vulnerable groups ..................................................................... 112

F.

Information for asylum seekers and access to reception centres...................................... 115
1.

Provision of information on reception ..................................................................................... 115

2.

Access to reception centres by third parties .......................................................................... 116

Detention of Asylum Seekers ............................................................................................117
A.

General ...................................................................................................................................... 117

B.

Legal framework of detention ................................................................................................. 119
1.

Grounds for detention ............................................................................................................ 119

2.

Alternatives to detention ......................................................................................................... 121

3.

Detention of vulnerable applicants ......................................................................................... 122

4.

Duration of detention .............................................................................................................. 124

C.

Detention conditions ............................................................................................................... 125
1.

Place of detention .................................................................................................................. 125

2.

Conditions in detention facilities ............................................................................................. 128

3.

Access to detention facilities .................................................................................................. 138

D.

Procedural safeguards ............................................................................................................ 140
1.

Judicial review of the detention order .................................................................................... 140

2.

Legal assistance for review of detention ................................................................................ 143

Content of International Protection ...................................................................................144
A.

Status and residence ............................................................................................................... 144
1.

Residence permit ................................................................................................................... 144

2.

Civil registration ...................................................................................................................... 145

4

3.

Long-term residence .............................................................................................................. 145

4.

Naturalisation ......................................................................................................................... 146

5.

Cessation and review of protection status ............................................................................. 147

6.

Withdrawal of protection status .............................................................................................. 149

B.

Family reunification ................................................................................................................. 150
1. Criteria and conditions ............................................................................................................... 150
2.

C.

Status and rights of family members ...................................................................................... 151
Movement and mobility ........................................................................................................... 151

1. Freedom of movement ............................................................................................................... 151
2. Travel documents....................................................................................................................... 151
D.

Housing ..................................................................................................................................... 152

E.

Employment and education .................................................................................................... 154
1.Access to the labour market ....................................................................................................... 154
2. Access to education ................................................................................................................... 155

F.

Social welfare ........................................................................................................................... 155

G.

Health care ................................................................................................................................ 156

ANNEX I – Transposition of the CEAS in national legislation .........................................157

5

Glossary & List of Abbreviations
Administrateur adhoc

Ad hoc administrator i.e. legal representative appointed for unaccompanied
childrenDéclaration dedomiciliation

Document thanks to which asylum seekers declare the address where they canbe contacted throughout the asylum procedure

Domiciliation
Guichet unique

Legal address where the asylum seeker is registered

Jour franc

Full day i.e. 24-hour period during which a person may not be removed

Non-lieu

No case to decide on

Pôle emploi

Employment Office

Ordonnance

Order, decision taken by a single judge without a hearing

Recours gracieux

Discretionary administrative appeal before the PrefectSingle desk i.e. system set up to gather the Prefecture and OFII desks to registerasylum claims and provide orientation to reception centres following avulnerability assessment

ADA

Allowance for asylum seekers l Allocation pour demandeurs d’asile

ADDE

Lawyers for the Protection of Rights of Foreigners | Avocats pour la défense desdroits des étrangers

AFP

Agence-France Presse

AME

State Medical Assistance | Aide médicale d’Etat

Anafé

National Association of Border Assistance to Foreigners | Association nationaled’assistance aux frontières pour les étrangers

ASSFAM

Association service social familial migrants

CADA

Reception Centre for Asylum Seekers | Centre d’accueil pour demandeursd’asileCAES

Reception and Administrative Situation Examination Centre | Centre d’accueil etd’examen de situation administrative

CAO

Reception and Orientation Centre | Centre d’accueil et d’orientation

CASNAV

Academic Centres for Schooling of Foreign-Speaking Children | Centre
académique pour la scolarisation des enfants allophones nouvellements arrivés
et des enfants issus de familles itinérantes et de voyageurs

CDG

Charles de Gaulle Roissy Airport

CesedaCode on Entry and Residence of Foreigners and on Asylum | Code de l’entrée
et du séjour des étrangers et du droit d’asile

CFDA

French Coordination on Asylum | Coordination française du droit d’asile

CGLPL

General Controller of Places of Detention | Contrôleur Général des lieux deprivations de libertés

CIO

Information and Orientation Centre | Centre d’information et d’orientation

CJA

Code of Administrative Justice | Code de justice administrative

CMU

Universal medical coverage | Couverture maladie universelle

CNCDH

National Consultative Human Rights Commission | Commission nationale
consultative des droits de l’homme

6

CNDA

National Court of Asylum | Cour nationale du droit d’asile

ComedeMedical Committee for Exiles | Comité médical pour les exilés

CPAM

Caisse primaire d’assurance maladie

CPH

Temporary shelter | Centre provisoire d’hébergement

CRA

Administrative Detention Centre | Centre de rétention administrative

Ctrav

Labour Code | Code du travail

DIRECCTE

Regional Directorates of Business, Competition, Consumers, Labour and
Employment | Directions régionales des entreprises, de la concurrence, de laconsommation, du travail et de l’emploi

DNA

National Reception Scheme | Dispositif national d’accueil

DRC

Democratic Republic of Congo

ECHR

European Convention on Human Rights

ECtHR

European Court of Human Rights

FLE

French as a foreign language | Français langue étrangère

FNARS

Federation of Solidarity Actors | Fédération des Acteurs de la Solidarité

GAS

Reception and Solidarity Group | Groupe accueil et solidarité

GISTIGroupe d’information et de soutien des immigrés

GUDASingle desk for asylum seekers l Guichet unique pour demandeur d’asile

HCSP

High Council of Public Health | Haut Conseil de la santé publique

HUDA

Emergency accommodation for asylum seekers | Hébergement d’urgence dédié
aux demandeurs d’asile

IOM

International Organisation for Migration

JLD

Judge of Freedom and Detention | Juge des libertés et de la détention

LRA

Place of Administrative Detention | Local de rétention administrative

MRAP

Mouvement contre le racisme et pour l’amitié entre les peuples

MSF

Médecins Sans Frontières

ODSE

Foreigners’ Health Rights Observatory | Observatoire du droit à la santé desétrangers

OEE

Observatory on the Detention of Foreigners | Observatoire de l’enfermement desétrangers

OFII

French Office for Immigration and Integration | Office français de l’immigration
et de l’intégration

OFPRA

French Office for the Protection of Refugees and Stateless Persons | Officefrançais de protection des réfugiés et des apatrides

OQTF

Order to leave the French territory l Ordre de quitter le terrritoire français

PASS

Permanent Access to Health Care | Permanence d’accès aux soins de santé

PRAHDA

Programme for Reception and Accommodation of Asylum Seekers | d’accueil etd’hébergement des demandeurs d’asile

PUMA

Permanent Access to Health Care | Permanence d’accès aux soins de santé

UMCRA

Medical Units of Administrative Detention Centres | Unités médicales descentres de rétention administrative

UNHCR

United Nations High Commissioner for Refugees

VTA

Transit Airport Visa | Visa de transit aéroportuaire

7

ZAPI

Waiting zone | Zone d’attente pour personnes en instance8

Statistics
Overview of statistical practiceIn France, detailed statistics on asylum applications and first instance decisions are published annuallyby the Office of Protection of Refugees and Stateless Persons (OFPRA) in its activity reports. The next
OFPRA Activity Report will be published in spring 2021, several months after the end of the reportingyear.1 Statistics on the second instance procedure are to be found in the National Court of Asylum (CNDA)
annual reports, which are also published several months after the end of their reporting period. 2
However, thanks to “SI Asile”, an information system established by the Ministry of Interior in 2016, someprovisional data are made available by the Ministry each year, in January. 3
Discrepancies in statistics
The various sources of statistics provide different figures on the number of persons seeking asylum inFrance:4❖ OFPRA statistics only cover persons who have lodged an asylum application with OFPRA. As
discussed in Registration, those falling under a Dublin procedure are not allowed to lodge theirclaim. The Ministry of Interior admits that the statistics France provides to Eurostat are incomplete
insofar as these are based on OFPRA figures;5❖ Ministry of Interior statistics refer to persons registered at a “single desk” (guichet unique dedemande d’asile, GUDA).
❖ Persons re-channelled from a Dublin procedure to a regular or accelerated procedure (requalifiés)do not appear in Ministry of Interior statistics if their application has been registered at the GUDA
in previous years. They do, however, appear in OFPRA statistics.
❖ Persons arrived in resettlement programs and persons applying for asylum in detention are notregistered at the GUDA but appear in OFPRA statistics.
Applications registered by the GUDA in France are higher than the reported number of applications lodged
with OFPRA. In 2020, 93,426 persons have been registered as asylum seekers by the Ministry of Interior(compared to 151,283 in 2020), of which 81,669 as first applicants (138,420 in 2019) and 11,757
subsequent applicants (12,863 in 2019). For its part, OFPRA reported a total of 95,584 asylum seekers(compared to 132,826 in 2018). The latter include 7,519 requalifiés after being placed under Dublin
procedure in 2020 (and requalifies from previous year – number unknown).
According to the Ministry of Interior, the nationality breakdown of people registered in GUDA for the first
10 countries of origin in 2020 was as follows: Afghanistan, Bangladesh, Pakistan, Guinea, Turkey, Ivory
Coast, Haiti, DRC, Ukraine, Somalia.

1
2

3

4

5

OFPRA, Rapports d’activité, available in French at: https://goo.gl/zA8i7X.
CNDA, Rapports annuels, available in French at: http://www.cnda.fr/La-CNDA/Donnees-chiffreeset-bilans.
Ministry of Interior, Chiffres clés – Les demandes d’asile, available in French at:https://bit.ly/397TDpi.
For a discussion, see La Cimade, ‘Premier bilan de la demande d’asile en France en 2018’, 16
February 2019, available in French at: https://goo.gl/9oAYkV.
Ministry of Interior, Chiffres clés – Les demandes d’asile, available in French at:https://bit.ly/2TRCMzB.

Applications and granting of protection status at first instance: 2020

Total

First time
adultsapplicants in
2020
62,067Afghanistan
Bangladesh
Pakistan
GuineaTurkeyIvory-Coast
Haiti
DRC
UkraineSomalia

8,886
4,345
3,426
2,781
2,771
2,732
2,448
2,087
1,981
1,950

Pending at end
Refugee status
2020

Subsidiary
protection

Rejection

Refugee rate Subs. Prot. rate Rejection rate

-

7,886

5,978

56,172

11.3%

8.5%

80.2%

-

-

-

-

-

-

-

Source: Ministry of Interior for “first time adults applicants in 2020” and OFPRA for the decisions (here: number of decisions, not persons)Detailed statistics on decision-making, i.e. with a breakdown by nationality, were not made available by national authorities by the time of publication of this report.

Gender/age breakdown of the total number of applicants: 2020
Number

Percentage

Total number of applicants

-

-

Men

-

-

Women

-

-

Children--

Unaccompanied children--

A gender/age breakdown of the total number of applicants was not available at the time of writing of this report.

Comparison between first instance and appeal decision rates: 2020
First instanceAppealNumber

Percentage

Number

Percentage

Total number of decisions

70,036100%

42,025100%

Positive decisions

24,11819.8%

10,254

24.4%

Refugee status

7,886

11.3%

6,116

14.6%

Subsidiary protection

5,978

8.5%

4,138

9.8%

Negative decisions

56,17280.2%

31,771

75.6%

Source: Ministry of Interior

11.

Overview of the legal framework
Main legislative acts relevant to asylum procedures, reception conditions, detention and content of protection
Title in English

Original Title (FR)Abbreviation

Code of Entry and Residence of Foreigners and of
the Right to Asylum

Code de l'entrée et du séjour des étrangers et du droit
d'asileAmended by: Law n. 2018-187 March 2019 allowing
for sound application of the European asylum
systemModifié par : Loi n° 2018-187 du 20 mars 2018 permettant
une bonne application du régime d'asile européen

https://bit.ly/2GyHHzw (FR)Amended by: Law n. 2018-778 of 10 September
2018 for managed migration, effective asylum law
and successful integration

Modifié par : Loi n° 2018-778 du 10 septembre 2018 pourune immigration maîtrisée, un droit d'asile effectif et une
intégration réussie

https://bit.ly/2QfUSat (FR)

Civil code

Code civil

https://bit.ly/2ggr7W4 (FR)

Code of Administrative JusticeCode de justice administrative

CJA

http://bit.ly/1F1WC9k (FR)

Code of Social Action and Families

Code de l’action sociale et des familles

CASF

http://bit.ly/1RTu2xE (FR)Labour Code

Code du travail

Ctrav

http://bit.ly/1FUos6Z (FR)

CesedaWeb Link
http://bit.ly/1GQm3uQ (FR)Main implementing administrative guidelines and regulations relevant to asylum procedures, reception conditions, detention and content of protection
Title in English

Original Title (FR)Abbreviation

Web Link

Decision of 2 July 2020 fixing for the year 2020 theobjectives of proportionate distribution of thereception of the minors deprived temporarily or
definitively of the protection of their family

Décision du 2 juillet 2020 fixant pour l'année 2020 les
objectifs de répartition proportionnée des accueils desmineurs privés temporairement ou définitivement de laprotection de leur famille

https://bit.ly/3t1xcK4 (FR)Information of 15 January 2021 about the
management of accommodation centers for asylum
seekers and refugees (NOR : INTV2100948J)

Information du 15 janvier 2021 relative à la gestion duparc d’hébergement des demandeurs d’asile et desbénéficiaires d’une protection internationale (NOR :INTV2100948J)

https://bit.ly/3a5uWZH (FR)12

Order of 7 January 2021 taken pursuant to Article L.
744-2 of the Code on the Entry and Residence ofForeigners and the Right of Asylum (NOR:
INTV2035764A)

Arrêté du 7 janvier 2021 pris en application de l’article L.
744-2 du code de l’entrée et du séjour des étrangers et
du droit d’asile (NOR : INTV2035764A)

https://bit.ly/3ogt99r (FR)OFPRA Decision of 30 July 2015 on organisational
modalities for the interview, implementing Article
L.723-6 Ceseda

Décision OFPRA du 30 juillet 2015 fixant les modalitésd’organisation de l’entretien en application de l’article
L.723-6 du Ceseda

http://bit.ly/1M0s3J1 (FR)Information on the implementation of the Law of 20
March 2018 on the proper application of European
asylum system (NOR : INTV1808045N)

Information relative à l’application de la loi n° 2018-187
du 20 mars 2018 permettant une bonne application durégime d’asile européen (NOR : INTV1808045N)

https://bit.ly/2Ol1iEN (FR)OFPRA Decision of 8 février 2019 setting the list of
approved premises intended to receive asylum
seekers, applicants for stateless persons, refugees
or beneficiaries of subsidiary protection heard in a
professional interview conducted by OFPRA by anaudiovisual communication procedure (NOR :INTV1904007S)

Décision OFPRA du 8 février 2019 fixant la liste deslocaux agréés destinés à recevoir des demandeursd'asile, demandeurs du statut d'apatride, réfugiés ou
bénéficiaires de la protection subsidiaire entendus dansle cadre d'un entretien professionnel mené par l’OFPRA
par un moyen de communication audiovisuelle (NOR :INTV1904007S)

https://bit.ly/2TM3ZVF (FR)

Bylaw of 23 October 2015 on the questionnaire forassessing vulnerabilities of asylum seekers (NOR:
INTV1523959A)

Arrêté du 23 octobre 2015 relatif au questionnaire dedétection des vulnérabilités des demandeurs d’asile(NOR : INTV1523959A)

http://bit.ly/1RaHNen (FR)

Bylaw of 2 May 2017 establishing the ceiling fordeductions in case of undue payment of the asylum
seeker allowance (NOR: INTV1709507A)

Arrêté du 2 mai 2017 fixant le plafond des retenues en
cas de versement indu de l'allocation pour demandeurd'asile (NOR : INTV1709507A )http://bit.ly/2En0Qj6 (FR)

Bylaw of 20 October 2015 on the form to declare theasylum seeker’s address (NOR: INTV1524994A)

Arrêté NOR : INTV1524994A du 20 octobre 2015 fixant lemodèle du formulaire de déclaration de domiciliation dedemandeur d’asile

http://bit.ly/1MVoi49 (FR)

Bylaw of 9 October 2015 on the validity of the asylum
claim certification (NOR: INTV1524094A)

Arrêté du 9 octobre 2015 fixant la durée de validité del’attestation de demande d’asile (NOR : INTV1524049A)

http://bit.ly/1jnCZEL (FR)Circular of 6 July 2012 on the implementation ofalternatives to administrative detention of families(NOR : INTK1207283C)

Circulaire du 6 juillet 2012 sur la mise en œuvre del'assignation à résidence prévue à l’article en alternative
au placement des familles en rétention administrative(NOR : INTK1207283C)

http://bit.ly/1RTunjM (FR)13

Bylaw of 30 december 2016 on the list of
associations entitled to send representatives toaccessadministrative
detention
facilities(NOR: INTV1638569A)

Arrêté du 30 décembre 2016 fixant la liste desassociations humanitaires habilitées à proposer desreprésentants en vue d'accéder aux lieux de rétention(NOR: INTV1638569A)

https://bit.ly/2ugzVlX (FR)

Bylaw of 29 May 2018 on the list of associations
entitled to propose representatives for access to
waiting areas (NOR: INTV1813160A )Arrêté du 29 mai 2018 fixant la liste des associations
humanitaires habilitées à proposer des représentants envue d'accéder en zone d'attente (NOR: INTV1813160A )https://bit.ly/2Fm1HUu (FR)Circular on the organisation of education for migrantchildrenCirculaire REDE1236614C n° 2012-143 du 2 octobre
2012 sur l’organisation des Centres Académiques pour lascolarisation des nouveaux arrivants et des enfants duvoyage (Casnav)

http://bit.ly/1KuFVuE (FR)

Bylaw setting the technical characteristics of thecommunication means to be used at the CNDA(NOR : JUSE1314361A)Arrêté du 12 juin 2013 pris pour l'application de l'article R.
733-20-3 du code de l'entrée et du séjour des étrangers
et du droit d'asile et fixant les caractéristiques techniquesdesmoyensdecommunication
audiovisuellesusceptibles d'être utilisés par la Cour nationale du droit
d'asile (NOR : JUSE1314361A)

http://bit.ly/1dA3rba (FR)Instruction of 19 July 2016 relating to the applicationof the Dublin III Regulation – Resort to house arrest
and administrative detention in the context ofexecutionoftransfer
decisions(NOR:
INTV1618837J)

Instruction du 19 juillet 2016 relative à l’application durèglement (UE) n°604/2013 dit Dublin III – Recours àl’assignation à résidence et à la rétention administrativedans le cadre de l’exécution des décisions de transfert(NOR : INTV1618837J)

http://bit.ly/2k3SdQ8 (FR)Circular of 25 January 2016 relating to State
resources mobilisation for minors temporarily or
definitely deprived from their family protection (NOR
: JUSF1602101C)

Circulaire interministérielle du 25 janvier 2016 relative à
la mobilisation des services de l’Etat auprès des conseilsdépartementaux concernant les mineurs privés
temporairement ou définitivement de la protection de leurfamille et les personnes se présentant comme tels NOR :JUSF1602101C

http://bit.ly/2jghM16 (FR)

Decision of 10 December 2018 establishing the listoforganisations
competent
forproposing
representatives to accompany asylum seekers or
refugees or beneficiaries of subsidiary protection to

Décision du 10 décembre 2018 fixant la liste desassociations habilitées à proposer des représentants envue d’accompagner le demandeur d’asile ou le réfugié ou

https://bit.ly/2CsZfJR (FR)14

a personal interview held by OFPRA (NOR :INTV1833858S)
Decision of 28 December 2018 establishing the listof languages in which asylum seekers, applicants forstateless status, refugees and beneficiaries ofsubsidiary protection can be heard in the context ofa personal interview (NOR: INTV1836064S)

le bénéficiaire de la protection subsidiaire à un entretien
personnel mené par l’OFPRA (NOR : INTV1833858S)
Décision de l’OFPRA du 28 décembre 2018 fixant la liste
des langues dans lesquelles les demandeurs d’asile
peuvent être entendus dans le cadre d’un entretien
personnel mené par l’OFPRA (NOR : INTV1836064S)

https://goo.gl/S8bgaX (FR)

Decree n. 2016-253 of 2 March 2016 relating totemporary accommodation centres for refugees andbeneficiaries of subsidiary protection

Décret n° 2016-253 du 2 mars 2016 relatif aux centres
provisoires d'hébergement des réfugiés et desbénéficiaires de la protection subsidiaire

http://bit.ly/2jNt1xD (FR)

Decree n. 2015-316 of 19 March 2015 relating to
instruction modalities of naturalisation claims,
reintegration into French citizenship and citizenshipdeclarations made in case of marriage

Décret n° 2015-316 du 19 mars 2015 modifiant lesmodalités d'instruction des demandes de naturalisation etde réintégration dans la nationalité française ainsi quedes déclarations de nationalité souscrites à raison dumariage

http://bit.ly/2kKeuGq (FR)CNDA Decision of 17 December 2018 on audienceby videoconferencing

Décision de la Cour nationale du droit d’asile du 17
décembre 2018 sur la vidéo-audience

https://bit.ly/2JmI8za (FR)Circular of 5 November 2018 on provisions of the
Law of 10 September 2018 related to criminal law
immediatly applicable

Circulaire du 5 novembre 2018 présentant les
dispositions de droit pénal immédiatement applicables dela loi n°2018-778 du 10 septembre 2018 pour une
immigration maîtrisée, un droit d’asile effectif et une
intégration réussie

https://bit.ly/2Y3VXpE (FR)Instruction of 31 december 2018 on Law of 10
september 2018 – provisions applicable from 1
January 2019

Instruction du 31 décembre 2018 relative à l’applicationde la loi pour une immigration maîtrisée, un droit d’asile
effectif et une intégration réussie – dispositions entrant envigueur le 1er janvier 2019https://bit.ly/2CnZaak (FR)

Decree of 19 June 2019 on missions of emergency
centres for asylum seekersArrêté du 19 juin relatif au cahier des charges des lieuxd’hébergement d’urgence pour demandeurs d’asile

https://bit.ly/2QQ1dLX (FR)

Decree of 19 June 2019 on missions
accomodation centers for asylum seekersArrêté du 19 juin 2019 relatif au cahier des charges descentres d’accueil pour demandeurs d’asile

https://bit.ly/35PnWMj (FR)of15

Decree of 13 January 2021 on mission of centers foraccommodation and evaluation of administrative
situations

Décret du 13 janvier 2021 relatif au cahier des charges
des centres d’accueil et d’évaluation des situations

https://bit.ly/3cFRV0p (FR)Instruction of 28 February 2019 on Law of 10
september 2018 – provisions applicable from 1
March 2019

Instruction du 28 février 2018 relative à l'application de laloi pour une immigration maîtrisée, un droit d'asile effectif
et une intégration réussie - dispositions relatives auséjour et à l'intégration entrant en vigueur le 1er mars
2019

https://bit.ly/2TJRAS9 (FR)16

Overview of the main changes since the previous report update
The previous update of the report was published in March 2020.
Asylum procedure❖ Consequences of COVID-19 on the asylum procedure: Following the outbreak of COVID-19,
registration and asylum related activities have been temporarily suspended from 23 March to 11 May
2020. Subsequently, access to the asylum procedure and to reception conditions was suspended
with no alternative solutions. This measure had no legal basis and mainly resulted from the lack ofavailable civil servants within State agencies. On 30 April 2020, the Council of State urged theauthorities to reopen access to registration in Paris.
❖ Access to the territory: Reports of people being refused entry without their protection needs being
taken into account at the Italian border persisted in 2020, as confirmed by the Council of State in adecision of 8 July 2020 in which it concluded that by refusing the entry to the territory the authorities
had manifestly infringed the right to asylum. Intensified border controls and mass arrests haveresulted in shifting migratory routes, forcing individuals to resort to more dangerous routes throughthe mountains. Cases of refusals of entry of unaccompanied children have also been reported in
2020, both at the Italian and Spanish borders, thereby violating the rights of the children. Thus, despite
strong condemnation by monitoring bodies, civil society organisations, as well as court rulings
condemning Prefectures for failing to register the asylum applications of people entering through Italy,
access to the territory remains a serious matter of concern in 2020.
❖ Key figures at first instance: In 2020, a total of 93,426 persons applied for international protection,out of which 81,669 were first time applicants. The determining authority, the OFPRA, issued a 70,036
first instance decisions and the recognition rate stood at 19.8% at first instance, while the backlog ofpending cases reached a total of 84,000 cases, up from 74,385 in 2019. The average length of theprocedure was 262 days, up from 161 days in 2019.
❖

Use of videoconferencing: In the context of COVID-19, the use of videoconferencing has increased,in particular at appeal stage in front of the National Court of Asylum (CNDA). The use ofvideoconferencing was already foreseen prior to the pandemic by a law of 2018 but rarely applied inpractice because of protests from lawyers. In November 2020, Courts and lawyers’ organisations
reached an agreement which foresees that the express consent of the applicant as a prerequisite forthe use of videoconferencing.

❖Afghan nationals: On 19 November 2020, the CNDA put an end to its previous ‘Kabul jurisprudence’
which allowed Afghan nationals to be largely protected in France. It concluded that the level ofviolence in Kabul is not high enough to justify a protection for all people arriving at airports. Thismeans that individual circumstances need to be assessed again and puts Afghan nationals at risk ofreturn. It is also likely to have important consequences in practice given that Afghans have been thefirst nationality of applicants in France since 2018 and recent Eurostat statistics indicate that a totalof 17,520 applications for international protection of Afghan nationals were pending as of the end of
December 2020. The new CNDA ruling is thus likely to impact their situation in the future.

Reception conditions❖ Lack of reception capacity: At the end of 2020, only about 51% of asylum seekers eligible formaterial reception conditions were accommodated, compared to 48% in 2019 and 44% in 2018. The
number of places dedicated to asylum seekers (98,564 at the end of the year) has not increased in2020 and remains insufficient, resulting in serious issues of homelessness and destitution.

❖ Inhumane living conditions: Many asylum seekers are left without accommodation and camps are
regularly dismantled in big cities or in the North of France (e.g. Calais, Grande Synthe) where morethan 1,000 migrants were living in early 2021 despite police repression. The brutality of theseevictions, including reports of abuse, excessive force and violence, are regularly reported as a serious
matter of concern. Human rights bodies, such as the French Public Defender or the National
Consultative Commission on Human Rights (CNCDH), have urged the authorities to swiftly adopt
solutions to respect the dignity of the individuals concerned and further raised concerns in particularregarding vulnerable applicants as well as the inadequate conditions in COVID-19 times.
❖ New national plan 2021-2023: On 18 December 2020, a “national plan for the reception of asylum
seekers and the integration of refugees for 2021-2023" was published. It foresees the possibility toadapt the reception policy to the migration context and to the specific characteristics of the regions,inter alia through a better distribution of asylum seekers across national territory.
❖ Vulnerable applicants in reception: The national plan mentioned above includes measures aimed
at identifying vulnerabilities at an early stage and strengthening the management of thesevulnerabilities. It refers to the publication of an "action plan for the care of the most vulnerable asylum
seekers and beneficiaries of protection" in January 2021 in order to guide the actions carried out
jointly by State services and operators for the coming years”, but the latter was still not published at
the time of writing of this report. It remains to be seen to which extent it will actually improve theidentification of specific vulnerabilities of asylum seekers. Moreover, 300 places women victims ofviolence and/or trafficking and 200 places for LGBTQI+ have been opened in 2020 as part of thereception system for asylum seekers.
Detention of asylum seekers❖ Detention in the context of COVID-19: In July 2020, the Controller General of Places of Deprivationof Liberty voiced concerns about the situation in pre-removal detention facilities, including waitingzones at the border, in conditions that put the detainees’ health at risk. By the end of 2020, thedetention framework was adapted to the crisis in certain respects but other points remained
problematic.
❖ De facto detention at borders: Intensified border controls in recent years have led to new forms ofdetention, including de facto detention in police stations at the Italian border which cannot be
accessed by civil society organisations. In December 2020, the Administrative Court of Marseillesuspended the decision of the Prefect prohibiting access of NGOs to the place where migrants are
kept at the border in Hautes-Alpes. A similar decision has been issued by the Administrative Court ofNice regarding access to the police station in Menton, but a new decision issued by the Prefectcontinues to deny such access to NGOs. The Administrative Court of Nice ruled again in March 2021
that this decision was illegal under European law and French Constitution .
❖ Detention conditions: In its 2020 report, the European committee for the prevention of torture (CPT)
flagged several other concerns on detention conditions in the context of immigration in France, which
can be listed as follows: a lack of specialised training for staff, no systematic health examination
before admission, almost total absence of activities and little contact with staff, a prison-likeenvironment, almost no activities in most of the places visited, information notices on rights which
often only exist in French, no consultation with a psychologist, but also good practice of wide accessto outdoor courtyards. As regards de facto detention at borders, the CPT reported that the material
conditions in the premises in Menton were extremely poor and could undermine the dignity of thepeople placed there. The Committee expressed serious doubts on whether people who are refusedentry to the territory are able to know, understand and exercise their rights.

18

Content of international protection❖ Family reunification: Due to COVID-19, family reunification was suspended for months in 2020. The
health crisis resulting from the pandemic is a situation that was not foreseen in the decision listing
exceptions allowing entry into France. Thus, the decision to suspend family reunification procedures
was challenged and the Council of State concluded in January 2021 that family reunification should
not be limited in the context of health crisis.
❖ Residence permits: As a result of COVID-19 and the temporary closure of Prefectures, the durationof residence permits expiring between 20 March and 15 June 2020 have been automatically extended
by 180 days.
❖ Housing: Despite several measures taken throughout the years to enable beneficiaries to secure
housing, a high numbers of status holders continue to leave reception centres with nowhere to go.
Access to housing was more difficult in 2020 in the context of COVID-19. In the first semester of 2020,
only 1,755 people exited the reception system with a housing solution. As a result, many beneficiaries
of protection are homeless or live in informal settlements.

19

Asylum Procedure
A. General
1. Flow chart
Refusal of entry
Application on the
territory
PADA

Application fromdetention(5 days)Prefecture

Application for admission
at the border
OFPRA Border Division

Registration
GUDA (Prefecture)

Admission
Non-admission

Appeal(48 hours)
Administrative Court

Asylum claim certification

Dublin procedure
Prefecture

Transfer

Appeal(15 days suspensive)(48 hours non-suspensive
if house arrest)
Administrative Court

Lodging(21 days)
OFPRA

Accelerated procedure(15 days)(4 days if detention)
OFPRA

Regular procedure(6 months)
OFPRA

Refugee status
Subsidiary protection

Inadmissibility

Rejection

Appeal(30 days)
CNDA
Non-suspensive(certain grounds)

Suspensive
Onward appeal(non-suspensive)
Council of State20

2. Types of procedures
Indicators: Types of Procedures
Which types of procedures exist in your country?
❖ Regular procedure:Yes
6▪ Prioritised examination:
Yes▪ Fast-track processing:7
Yes❖ Dublin procedure:Yes❖ Admissibility procedure:
Yes❖ Border procedure:Yes❖ Accelerated procedure:8
Yes❖ Other:

No
No
No
No
No
No
No

Are any of the procedures that are foreseen in the law, not being applied in practice?

Yes

No

3. List of the authorities intervening in each stage of the procedureStage of the procedure

Competent authority (EN)

Competent authority (FR)Application at the border

Border Unit, Office for the Protectionof Refugees and Stateless Persons(OFPRA)

Division de l’asile à la frontière,
Office Français de Protection desRéfugiés et Apatrides (OFPRA)

Application on the
territory

Prefecture / French Office for
Immigration and Integration (OFII)

Préfecture / Office Français del’Immigration et l’Intégration (OFII)

Dublin procedure

Prefecture

Préfecture

Accelerated procedure

Office for the Protection of Refugees
and Stateless Persons (OFPRA)

Office Français de Protection desRéfugiés et Apatrides (OFPRA)

Refugee statusdetermination

Office for the Protection of Refugees
and Stateless Persons (OFPRA)

Office Français de Protection desRéfugiés et Apatrides (OFPRA)

AppealNational Court of Asylum (CNDA)

Cour nationale du droit d’asile(CNDA)

Onward appeal
Subsequent application(admissibility)

Conseil d’Etat

Council of State
Office for the Protection of Refugees
and Stateless Persons (OFPRA)

Office Français de Protection desRéfugiés et Apatrides (OFPRA)

4. Number of staff and nature of the determining authority
Name in English

French Office for theProtection of Refugees andStateless Persons (OFPRA)

Number of
staff

Ministry responsible

1,005

Ministry of Interior

Is there any political interference
possible by the responsible
Minister with the decision
making in individual cases by
the determining authority?
Yes

No

Source: OFPRA.
6

7
8

For applications likely to be well-founded or made by vulnerable applicants. See Article 31(7) recast
Asylum Procedures Directive. This is now included in Article L.723-3 Ceseda.
Accelerating the processing of specific caseloads as part of the regular procedure.
Labelled as “accelerated procedure” in national law. See Article 31(8) recast Asylum Procedures
Directive.

21

The OFPRA is responsible for examining applications for international protection and competent to takedecisions at first instance. It is an administrative body falling under the responsibility of the Ministry ofInterior and its institutional independence is explicitly laid down in law, which means that it does not take
instructions from the Ministry of Interior. 9 In 2020, the budget of the OFPRA amounted to € 91,7 million
and it was composed of 1,005 staff members at the end of the year.
As regards its internal structure, the OFPRA has different units dealing with different procedures as well
as different asylum applicants. This includes a unit entitled “asylum at the border”, which is responsible
exclusively for claims lodged in waiting zones and detention centres. The OFPRA has also set up fivethematic groups (“groupes de référents thématiques”) of about 20-30 staff each dealing with vulnerable
applicants, as will be explained further below. Another administrative arrangement visible in the OFPRA
relates to the units which are organised according to geographical criteria.
Quality control and assurance
An action plan for the reform of OFPRA, adopted on 22 May 2013, has been implemented since
September 2013. It includes a monitoring mechanism of the quality of the decisions taken through anassessment of several sample cases. In addition, a “harmonisation committee”, chaired by the Executive
Director, was created to harmonise the doctrine, including monitoring the jurisprudence of the CNDA. 10
An agreement was signed in 2013 between the OFPRA’s Director General and the UNHCR
Representative in France establishing quality controls and an evaluation grid with criteria on three mainstages of the examination of asylum cases: interview, investigation and decision. The objective is toenvisage useful measures for the improvement of the quality of the decisions.
In this context, three evaluations were carried out by OFPRA and UNHCR in 2013, 2015 and 2017, basedon representative samples of asylum decisions taken in 2013 and 2014 and the first half of 2016
respectively. The results of the monitoring are available online. 11 At the time of writing (March 2020), there
was no information on whether another evaluation would be conducted in 2020.
The latest report published in November 2018 contained mostly positive conclusions concerninginterviews and decision-making at OFPRA. It confirmed diminishing disparities between OFPRA and
UNHCR examiners’ positions. As mentioned in the previous quality control reports, no major difference
was noticed in OFPRA’s treatment of asylum applications under the accelerated procedure and under the
regular procedure.
However, important shortcomings were highlighted. In 12% of the case files under review, it was deemedthat the interview report was difficult to read. Moreover, it was found that for as high as 13% of the cases,
the way interviews were conducted showed that no complementary questions were asked by OFPRA
when the statements of the asylum seeker were considered to be insufficiently consistent or credible.
Also, in more than 30% of the cases, no question is mentioned in the interview report about thecircumstances under which the asylum seeker had written his or her asylum narrative. In 12% of the cases
reviewed, no mention was found in the interview report ensuring that the correct understanding of theinterpreter by the asylum seeker had been checked. In about 10% of the cases reviewed, the examiners
expressed a disagreement as to the relevance of the decision taken. In more than 20% of the cases

9
10

11

Article L.721-2 CESEDA.
See a description of the action plan for the reform of OFPRA, 2014 Activity report, 10 April 2015,
54-55.
OFPRA, Contrôle qualité: premier exercice d’évaluation, September 2014, available in French at:https://bit.ly/2KhfZZ6; Contrôle qualité: deuxième exercice d’évaluation, May 2016, available inFrench at: https://bit.ly/2kgUqvO; Contrôle qualité: troisième exercice d’évaluation, November
2018, available in French at: https://bit.ly/2GJPZmD.

22

reviewed, the legal reasoning applied was found to be insufficiently thorough. A lack of assessment of theprobative value of the relevant documents of the case was also highlighted.
Taking into account the results of these quality controls, regular trainings are being provided to
caseworkers, in particular regarding the interview, the assessment of proof and supportive documents
and the reasoning of decisions taken. Trainings are provided in-house by OFPRA as well as a by EASO.12

5. Short overview of the asylum procedure
An asylum application in France may be made:- On the territory;- At the border, in case the asylum seeker does not possess valid travel documents to enter the
territory, including when he or she is placed in a waiting zone. In this case the person makes anapplication for admission to the territory on asylum grounds;- From an administrative detention centre, in case the person is already being detained for the
purpose of removal.
Registration: In order to lodge an asylum application on the territory, asylum seekers must first present
themselves to the local competent orientation platform (plateforme d’accueil de demandeurs d’asile,
PADA) whose task is to centralise the collection of intentions to lodge asylum claims and to give
appointments to asylum seekers to the “single desk” (guichet unique de demande d’asile, GUDA) of thePrefecture. At the single desk their asylum claim is first registered and they are granted an asylum claim
certification.13 The certification is equivalent to the temporary residence permit.
If it is granted, the person enters into the asylum procedure and has to complete his or her application
form in French and send it to OFPRA within a 21 calendar day period, under both regular and accelerated
procedures.
Asylum seekers under a Dublin procedure also receive an asylum claim certification but this specifies thatthey are under a Dublin transfer procedure. Asylum seekers are not allowed to lodge their application with
OFPRA if another state accepts responsibility for their asylum claim. The certification does not allow travel
to other Member States.
The certification is not delivered to asylum seekers having introduced a claim at the border or from adetention centre. In addition, the Prefecture may refuse to grant an asylum claim certification for two
reasons, thus banning the foreign national from remaining on the French territory:(a) The foreign national introduces a subsequent application after the final rejection of his or her first
subsequent application; or(b) The foreign national is subject to a final decision of extradition towards another country than his
or her country of origin, or if he or she is subject to a European Arrest Warrant or an arrest warrant
issued by the International Criminal Court.
Accelerated / regular procedure: The placement under an accelerated procedure does not imply arefusal to grant an asylum claim certification. There are different grounds for channelling a claim into an
accelerated procedure. In particular, OFPRA has to process asylum claim under accelerated procedures
where the applicant: (a) originates from a safe country of origin; or (b) lodges a subsequent application
which is not inadmissible.
The Prefecture channels an asylum claim under accelerated procedures in the following cases:(a) The asylum seeker refuses to be fingerprinted;

12
13

OFPRA, 2019 Activity report, June 2020, available in French at: https://bit.ly/3cgATWj, 84.
Conditions for the certification to be delivered and renewed are described in the Decree n. 20151166 of 21 September 2015 of the Ministry of Interior.

23

(b) When registering his or her claim, the asylum seeker has presented falsified identity or travel
documents, or provided wrong information on his or her nationality or on his or her conditions ofentry on the French territory or has introduced several asylum claims under different identities;(c) The claim has not been made within 90 days after the foreign national has entered the French
territory or he or she has remained unlawfully on French territory after his or her arrival for 90
days before registering the claim;(d) The claim has only been made to prevent a notified or imminent removal order; or(e) The presence of the foreign national in France constitutes a serious threat to public order, public
safety or state security.
In addition, OFPRA can decide by itself to process a claim under an accelerated procedure under threeother grounds (see section on Accelerated Procedure).
In these cases, an accelerated procedure means that the person has 21 calendar days to lodge his or her
application with OFPRA and that the latter has, in theory, 15 days to examine and decide on the case.
The deadlines are even more limited both for the asylum seeker and OFPRA if the person is held in
administrative detention. The accelerated procedure does not entail lower social rights than under the
regular procedure. Yet, following the 2018 reform, the law provides for the termination of reception
conditions for certain categories of asylum seekers whose claims are rejected in the accelerated
procedure.
The Prefectures as well as OFPRA are under the administrative supervision of the Ministry of Interior. A
single procedure applies. French legislation provides for systematic personal interviews of applicants at
first instance; except if OFPRA is about to take a positive decision or if the asylum seeker’s medical
situation prevents him/her from attending the interview. All personal interviews are conducted by OFPRA.
Asylum seekers can be accompanied to their interview by a third person (e.g. a lawyer or member of an
accredited NGO). This third person cannot intervene during the interview but may formulate remarks at
the end of the interview. This provision also applies to claims introduced at the border and from detention.
After the asylum seeker and potential third person have been heard, the caseworker writes an accountand a draft decision. The caseworker’s decision must be signed and validated by the Head of section, but
in practice around one-third of caseworkers, who have significant professional experience, are allowed tosign their own decisions.
Appeal: The CNDA is the specialised Administrative Court handling appeals against all administrativedecisions of the Director General of OFPRA related to an asylum application. This appeal must be lodged
within 1 month after the notification of OFPRA’s decision to the applicant. The appeal has automatic
suspensive effect for all applicants in the regular procedure, and for those in the accelerated procedure
who do not fall under the safe country of origin concept, subsequent application, or threat to public order.
Appeals have no suspensive effect if they concern an inadmissibility decision or asylum claims introduced
from detention (see Registration). The CNDA examines the appeal on facts and points of law. It can annul
the first instance decision, and therefore grant subsidiary protection status or refugee status, or confirm
the negative decision of OFPRA. In some special cases, if the procedural guarantees of the personal
interview have not been respected by OFPRA, it can also send the case back to OFPRA for reexamination.
An onward appeal before the Council of State can be lodged within 2 months after the notification of the
CNDA decision. The Council of State does not review all the facts of the case, but only points of law suchas compliance with rules of procedure and the correct application of the law by the CNDA. If the Councilof State annuls the decision, it refers it to the CNDA to decide again on the merits of the case, but it may
also decide to rule itself for good on the granting or refusal of protection. The appeal before the Councilof State has no suspensive effect on a removal order issued by the Prefecture following a negativedecision of the CNDA.

24

Border procedure: A specific border procedure to request an admission to the territory on asylum
grounds is provided by French legislation for persons arriving on French territory through airports or
harbours. The Border Unit of OFPRA interviews the asylum seekers and formulates a binding opinion thatis communicated to the Ministry of Interior. If OFPRA issues a positive opinion, the Ministry has no choice
but to authorise the entry on the French territory, except on grounds of threat to national security. This
interview is conducted to check whether the applicant’s claim is not manifestly unfounded. The concept
of “manifestly unfounded” claims is described in the law and concerns claims that are “irrelevant” or“lacking any credibility”.
If the asylum application is not considered to be manifestly unfounded, the foreign national is authorised
to enter French territory and is given an 8-day temporary visa. Within this time frame, the asylum seeker
has to report to a PADA with a view to obtaining an appointment at the single desk. The Prefecture will
examine whether to grant the person an asylum claim certification and, if so, will channel the application
into the appropriate procedure. OFPRA then processes the asylum application as any other asylum
application lodged on the territory. If the asylum application is considered manifestly unfounded or
inadmissible or is the responsibility of another Member State, the Ministry of Interior refuses to grant entry
to the foreigner with a reasoned decision. The person can lodge an appeal against this decision before
the Administrative Court within a 48-hour deadline. If this appeal fails, the foreigner can be expelled fromthe country.

B. Access to the procedure and registration
1. Access to the territory and push backs
Indicators: Access to the Territory
1. Are there any reports (NGO reports, media, testimonies, etc.) of people refused entry at theborder and returned without examination of their protection needs?
YesNo
2. Is there a border monitoring system in place?
❖ If so, who is responsible for border monitoring?
❖ How often is border monitoring carried out?

Yes
National authorities
Frequently Rarely

No

NGOs
Never

Other

Persons refused entry into the territory after arriving at the border have the possibility to ask for a “fullday” (jour franc) that allows them to be protected from removal for 24 hours.14 In the case of adults, thisright must be requested, whereas under the law unaccompanied children cannot be removed before theexpiry of the jour franc unless they specifically waive it. The jour franc does not apply to refusals of entry
issued at land borders or in Mayotte since September 2018, in accordance with the modifications adopted
by the 2018 reform.15
In 2018, the French police recorded 71,274 refusals of entry at the border, compared to 85,408 in 2017. 16
No data was made available at national level for the 2019 and 2020. As regards external borders, Eurostat
statistics indicate that a total of 56,650 third country nationals were refused entry at the external borders
in 2019, while 2020 figures were not available at the time of writing of this report.17

14
15

16

17

Article L.213-2 Ceseda.
Article L.213-2 Ceseda, as amended by Article 18 Law n. 2018-778 of 10 September 2018. Notethat in response to a report by the General Controller of Places of Detention (CGLPL), the Ministryof Interior stated in June 2018 that the jour franc does not apply in the context of reintroduction of
Schengen border controls: Ministry of Interior, Response to the CGLPL, 18-019754-A/BDCCARAC/JT, 7 June 2018, available in French at: https://bit.ly/2SEfU7k, 5.
Projet de loi de réglement 2018 – Rapport annuel de performance de la mission Immigration, asile,
intégration, 13 May 2019, available in French at : https://bit.ly/37asL4F, 27.
Eurostat, [migr_eirfs], available at: https://bit.ly/3cUzchP.

25

In December 2019, several NGOs have requested a parliamentary commission with the aim to investigate
violations of the law at the border. 18 The issues reported by these NGOs include violent practices,pushbacks, the absence of medical and social care as well as a lack of support to vulnerable applicants
including unaccompanied minors. The establishment of a parliamentary commission had already beenrequested by several French Deputies in November 2019. 19 Nevertheless, none of these proposals havebeen implemented so far.
Since 2015, the French police has intensified border controls which aim to prevent asylum seekers fromaccessing France. As a result, the closure of the border has been maintained and several police
operations have been reinforced in recent years. Despite the fact that the reintroduction of border control
at the internal borders must be applied as a last resort measure, in exceptional situations, and must
respect the principle of proportionality, France has regularly re-introduced border controls at its internalborders in recent years. The current temporary border control is valid since 1 November 2020 and up until
30 April 2021.20 Moreover, it should be noted that the Council of State validated in October 2019 a
temporary border control decision that had been taken in 2018.21 The Council of State has consideredthat this measure, which is based on “current events and the high level of the terrorist threat prevailing inFrance”, leads to a limitation of the freedom of movement that is proportionate to the aim pursued.
In a decision issued in November 2020, the Council of State indicated that European law does not allow
to issue a refusal of entry to a foreigner arrested while crossing an internal border or close to it, nor does
it automatically deprive an asylum seeker from reception conditions i.e. accommodation. The rules fromReturn directive must apply.22

1.1. Access at the Italian land border
Reports of people being refused entry without their protection needs being taken into account at the Italianborder persisted in 2020, as confirmed by the High administrative court (Council of State) in a decision of
8 July 2020 in which it reminded the State of its legal obligations in matters of asylum at the border.23 The
Council of State concluded that by refusing the entry to the territory the authorities had manifestly infringed
the right to asylum. In a joint statement, six NGOs welcomed the ruling, condemning the fact that theseillegal practices are systematically being carried out by the police. The NGOs also urged the Ministry of
the Interior to issue public instructions to the border police so that people wishing to seek international
protection in France can do so at the French-Italian border as well.24
A network of researchers focusing on the Italian land border has also been established in 2018 to raiseawareness on the issue and to establish a dialogue with civil society. 25 Illegal police operations at theborder have been extended from the Menton and Nice areas to the Hautes-Alpes since 2016. Such
18

19

20

21
22

23
24

25

Amnesty International France, La Cimade, Médecins du Monde, Médecins sans
Frontières, Secours Catholique-Caritas France, Anafé, MRAP, Syndicat des avocats de France,‘Nous demandons une commission d’enquête parlementaire pour le respect des droits despersonnes exilées à nos frontières’, 3 December 2019, available in French at :https://bit.ly/2FS8Vix.
Assemblée nationale, ‘Proposition de résolution nº 2394 tendant à la création d'une commission
d'enquête sur la violation des droits humains aux frontières françaises’, available in French at :https://bit.ly/3cj0fD4.
European Commission, ‘Member States’ notifications of the temporary reintroduction of bordercontrol at internal borders pursuant to Article 25 et seq. of the Schengen Borders Code’, available
at : https://bit.ly/3pnjCid.
Council of State, 16 October 2019, available in French at: https://bit.ly/2wHgW8p.
Council of State, Decision n° 428178, 27 November 2020, available in French at :https://bit.ly/3ac7REC.
Council of State, Decision n°440756, 8 July 2020, available in French at : https://bit.ly/3acd5QQ .
Amnesty International and others, ‘La France viole le droit d’asile à la frontière italienne’, 10 July
2020, available in French at : https://bit.ly/2JWslIM.
See official website available in French at: https://obsmigration.hypotheses.org/.

26

practices of mass arrest have had an effect on shifting migratory routes, leading migrants to takeincreasingly dangerous routes through the mountains. By way of illustration, the Italian organisation
Doctors for Human Rights (MEDU) denounced at the beginning of 2021 the critical situation of migrants
who attempt to reach France from Italy through the Alpine border, highlighting inter alia that snow andfreezing winter temperatures make the journey through the mountains particularly dangerous. 26
Figures on the number of apprehended persons and refusals of entry at the Italian border were not madeavailable in 2020 at the time of writing of this report. Nevertheless, they remained significant in recent
years, reaching 30,000 refusals of entry in 2019 according to NGOs. 27 The authorities in the district ofHautes-Alpes (Modane) stated, however, that 1,254 entry bans have been notified in the first nine monthsof 2019, compared to 3,587 in 2018.28 In 2018, the Prefect of Alpes-Maritimes reported that 29,000
migrants were apprehended at the Italian border,29 down from more than 50,000 migrants arrested at theborder in 2017,30 of whom a striking 98% had been pushed back to Italy.31
Racial profiling by the Border Police and other police forces deployed in the region of Hautes-Alpes havealso been reported, whereby passengers who appear to be of African origin are being controlled in board
trains arriving from Italy.32 Moreover, persons who explicitly express the intention to seek asylum havebeen refused entry by the French authorities on the basis that Italy is responsible for their claim, without
being placed under the formal procedure foreseen by the Dublin Regulation.
Border controls have also led to new forms of Detention, including de facto detention in areas such as thepolice station of Menton, which cannot be accessed by civil society organisations.33 This has been upheldby the Council of State as lawful during the period necessary for the examination of the situation of
persons crossing the border, subject to judicial control.34 In October 2019, a French Member of European
Parliament was refused access to the police station in Menton as it is not considered formally as a placeof detention.35 In a report on detention conditions in the context of immigration in France, published in
March 2020, the European committee for the prevention of torture (CPT) reported that the material
conditions in the premises in Menton were extremely poor and could undermine the dignity of the people
placed there. The Committee has expressed serious doubts on whether people who are refused entry to
the territory are able to know, understand and exercise their rights.36

26

27

28

29

30

31
32

33

34
35

36

InfoMigrants, ‘Critical situation for migrants at Italian-French border’, 9 February 2021, available at:https://bit.ly/3aMpBHa; See also: ECRE, ‘France: Evictions Continue amid Winter Emergency while
Council of State Allows Preventing Media Access, 12 February 20201, available at:https://bit.ly/3jRTbip.
Le Monde, ‘Frontière franco-italienne : l’interdiction faite aux ONG d’assister les migrants
suspendue par la justice’, 17 December 2020, available in French at : https://bit.ly/39okCgi.
La Provence, ‘Hautes-Alpes : moins de migrants à la frontière franco-italienne depuis plusieurs
mois’, 7 October 2019, available in French at : https://bit.ly/35XZ45j.
Europe 1, ‘Le préfet des Alpes-maritimes annonce que le nombre de migrants est en baisse dansle département’, 23 January 2019, available in French at: https://bit.ly/2CD51Ie.
20 minutes, ‘Cote d’Azur : à la frontière italienne, un nombre reccord de passeurs interpellé’, 4
December 2017, available in French at: http://bit.ly/2qMHySh.
Ibid.
Politis, ‘Visite surprise d'élus à la police aux frontières de Menton’, 1 April 2018, available in French
at: http://bit.ly/2jdMOaV.
ECRE, Access to asylum and detention at France’s borders, June 2018, available at:https://bit.ly/2JaRrSu, 18-19.
Council of State, Order No 411575, 5 July 2017.
Francetvinfo, ‘Migrants : Manon Aubry interdite d’accès au centre d’accueil de la police aux
frontières de Menton’, 31 October 2019, available in French at : https://bit.ly/2RjtmKq.
Council of Europe, CPT, Rapport au Gouvernement de la République française relatif à la visite
effectuée en France par le Comité européen pour la prévention de la torture et des peines ou
traitements inhumains ou dégradants (CPT) du 23 au 30 novembre2018, 24 March 2020, available
in rench at : https://bit.ly/39rfnJw.

27

In December 2020, the administrative court of Marseille suspended the decision of the Prefect prohibiting
access of NGOs to the place where migrants are kept at the border in Hautes-Alpes.37 A similar decision
has been issued by the administrative court of Nice regarding access to the police station in Menton, but
a new decision issued by the Prefect continues to deny the acces to NGOs.38
Media reports have documented incidents of unaccompanied children refused entry by police authorities
and directed towards the Italian border. 39 The Italian Minister of Interior also accused France of suchpractices back in October 2018. In 2020, French Administrative courts have regularly condemned thePrefecture for its illegal practices at the border violating the rights of the children. 40 Several NGOs further
published a report in October 2020 on the illegal practices of the French authorities in this regard, which
seem to be applied at several borders.41
Despite strong condemnation by monitoring bodies,42 civil society organisations,43 as well as court rulings
condemning Prefectures for failing to register the asylum applications of people entering through Italy,44
practice remains unchanged. In response to a report by the General Controller of Places of Detention(CGLPL), the Ministry of Interior stated in June 2018 that refusals of entry are not in contravention of thelaw, invoking Article 20(4) of the Dublin Regulation according to which “[w]here an application forinternational protection is lodged with the competent authorities of a Member State by an applicant who
is on the territory of another Member State, the determination of the Member State responsible shall bemade by the Member State in whose territory the applicant is present.” Through this statement, theMinistry implies that asylum applications are made before French officials on Italian soil.

37

38

39

40

41

42

43

44

Le Monde, ‘Frontière franco-italienne : l’interdiction faite aux ONG d’assister les migrants
suspendue par la justice’, 17 December 2020, available in French at: https://bit.ly/39okCgi.
France télévision, ‘Frontière italienne : les associations d'aide aux migrants ne pourront pas visiter
le local de mise à l'abri à Menton’, available in French at: https://bit.ly/39ndmBr.
Republica, ‘Migranti prigionieri per ore”, nuovo caso al confine francese’, 17 July 2019, available in
Italian at : https://bit.ly/2Urx8Vh; News Deeply, ‘Dodging death along the Alpine passage’, 25January 2018, available at: https://bit.ly/2H99SDP; France Culture, ‘Quand les mineurs africains
sont abandonnés dans la montagne’, 17 November 2017, available in French at:https://bit.ly/3bar89f.
See e.g. Administrative Court of Nice, Orders n° 2000856, 2000858, 24 February 2020 ;Administrative Court of Nice, Orders n° 2000570, 2000571 2000572, 7 February 2020.
Amnesty International and others, ‘Les manquements des autorités françaises aux devoirsélémentaires de respecter, protéger et mettre en œuvre les droits des mineur.e.s isolé.e.sétranger.e.s en danger aux frontières intérieures terrestres de la France (frontières franco-italienne,
franco-espagnole et franco-britannique)’, October 2020, available in French at :https://bit.ly/3acF5Um.
General Controller of Places of Detention (CGLPL), Rapport de visite des locaux de la police aux
frontières de Menton (Alpes-Maritimes) – Contrôle des personnes migrantes à la frontière francoitalienne, June 2018, available in French at: http://bit.ly/2JjUpzY; National Consultative Commissionfor Human Rights (CNCDH), Avis sur la sitation des migrants à la frontière franco-italienne, 18 June
2018, available in French at: https://bit.ly/2sKHZdJ.
See e.g. Anafé, Persona non grata : Conséquences des politiques sécuritaires et migratoires à lafrontière franco-italienne, January 2019, available in French at: https://bit.ly/2E2EJQ6; ECRE,
Access to asylum and detention at France’s borders, June 2018, available at: https://bit.ly/2JaRrSu;
La Cimade, Dedans, dehors: Une Europe qui s’enferme, June 2018, available in French at:https://bit.ly/2MrISQj; Forum réfugiés-Cosi, Pour une pleine application du droit d’asile à la frontière
franco-italienne, 24 April 2017, available in French at: http://bit.ly/2mQY26t.
See e.g. Council of State, Decision n°440756, 8 July 2020, Op. cit. ; 20 Minutes ‘Nice : La préfectureà nouveau épinglée pour des violat ions du droit d’asile à la frontière franco-italienne’ 3 March 2020,
available in French at: https://bit.ly/39p6CTI; Administrative Court of Marseille, Order N° 1901068,
18 March 2019; Administrative Court of Nice, Order No 1701211, 31 March 2017; Order No
1800195, 22 January 2018; Order No 1801843, 2 May 2018.

28

A preliminary inquiry into unlawful police practices in Menton was launched in February 2019,45 but was
still pending at the beginning of 2021. In July 2019, several NGOs have sent documented requests to theProsecutor in Nice and to the Special rapporteur on the human rights of the migrants in order to ceaseviolations of fundamental rights at the French-Italian border.46
Local habitants have supported asylum seekers at the border inter alia by rescuing them on the mountain,
but the increased restrictions on access to the territory have been coupled with criminalisation ofhumanitarian assistance. Several persons helping migrants have been prosecuted and ultimately
convicted by French courts. For example, on 8 August 2017, Cedric Herroux received a four-monthsuspended sentence by the Court of Appeal of Aix-en Provence for helping migrants.47 The Constitutional
Court held in July 2018 that this sentence was unconstitutional as it violated the fraternity principle, 48 and
the Court of Cassation quashed the conviction. 49 Convictions continue to be delivered in other cases.50
On 26 February 2020, the Court of Cassation further held that the protection of acts of solidarity is not
limited to individual and personal actions but also extends to a militant action carried out within an
association.51 Consequently, another conviction of Cedric Herroux was quashed by the Court of appealof Lyon in May 2020.52 As reported by a Member of the European Parliament, Damien Carême, actionsof volunteers trying to help migrants at the border are still complicated by the police in the beginning of
2021.53

1.2. Access at the Spanish land border
Due to the increasing number of migrants arriving in Spain, the French-Spanish land border has become
one of the main entry points to France since 2018. Spanish media have reported that migrants are pushed
back from France to Spain without appropriate guarantees, in procedures lasting less than 20 minutes. 54
Reports have shown Border Police officials controlling groups of migrants in Hendaye, placing them onboard a van and leaving them at the border instead of handing them over to their Spanish counterparts. 55
In February 2021, the border police illegally returned a 16-years old unaccompanied child from Bayonne(France) to Irun (Spain). The NGOs which reported the incident indicated that these illegal practices arerecurrent and recalled that the authorities must take into account the best interest of the child, in
accordance with the United Nations Convention on the Rights of the Child.56

45

46

47

48
49
50

51

52

53

54

55
56

Ligue des Droits de l’Homme, ‘Violences policières et administratives contre des migrants : uneenquête préliminaire à Menton’, 5 February 2019, available in French at: https://goo.gl/Ggknbg.
Medecins du Monde, ‘Atteintes aux droits à la frontière franco-italienne’, 16 July 2019, available inFrench at : https://bit.ly/2Nycezr.
Le Monde, ‘Coupable d’avoir aidé des migrants, Cédric Herrou « continuera à se battre »’, 8 August
2017, available in French at: http://lemde.fr/2vhq7rs.
Constitutional Court, Decision 717-718, 6 July 2018.
Court of Cassation, Decision 17-85.736, 12 December 2018.
See e.g. La Croix, ‘Le délit de solidarité est toujours sanctionné’, 15 January 2020, available inFrench at https://bit.ly/35UplBq ; Anafé et al, ‘Les 7 de Briançon lourdement condamné·e·s par letribunal de Gap’, 13 December 2018, available in French at: https://goo.gl/GxyvYy.
Court of Cassation, Decision 19-81.561, 26 February 2020, available in French at:https://bit.ly/2TzksdZ.
Le Monde, ‘Symbole de l’aide aux migrants, Cédric Herrou relaxé par la cour d’appel de Lyon’, 13
May 2020, available in French at : https://bit.ly/3ohlBmM.
Damien Carême, ‘Le harcèlement, lors des maraudes, à la frontière avec l’Italie doit cesser!’ 19
January 2021, available in French at : https://bit.ly/36gPKfS.
El País, ‘Francia usa una medida antiterrorista para devolver migrantes a España’, 1 September
2018, available in Spanish at: https://bit.ly/2Cxr85Q.
Ibid.
ANAFE, L’Etat français renvoie illégalement un enfant à la frontière franco-espagnole, 10 February
2021, avaialble in French at : https://bit.ly/3aXP1l0.

29

Civil society organisations have denounced what appears to be a practice mirroring the methods of the
Border Police on the Italian border.57 Médécins Sans Frontières (MSF) alerted in February 2019 that“[p]eople are denied the opportunity to apply for asylum in France, and minors are not considered as such;they are routinely turned away and sent back to Spain, instead of being protected by the French authorities
as the law requires.”58 Local authorities in Bayonne have also criticised current practice vis-à-vis migrants
arriving from Spain.59
According to the media, 11,000 refusals of entry decisions have been issued at the Spanish land borderin the area of Pyrenees Orientales during the first 10 month of 2020, i.e. twice as many as in 2019. 60 In
2018, 10,500 refusals of entry had been issued during that same period of 10 months at the FrenchSpanish border.61 Figures on the full year 2020 were not made available.

1.3. Access at borders in overseas territories
In November 2017, a human rights monitoring institution (Commission nationale consultative des droits
de l’homme - CNCDH) has published a report on the situation of asylum in French Guyana and Mayotte.62
Many situations of impossibility to apply for aylum at the border have been reported as a result of which
the CNCDH urged the authorities to « allow effective access to asylum applications at the border ».
In Mayotte, thousands of people are arriving each year from Comoros and sometimes from African or
Asian countries, especially Sri Lanka. According to the media, ten migrants from the Comoros, including
a 7-year-old child, died in September 2020 when attempting to reach the French Overseas Departmentof Mayotte on board of a craft which sank.63 In French Guyana, 2,500 refusals of entry have been reported
in the first semester of 2020.64 On the Reunion Island, NGO reported the expulsion of asylum seekers
from Sri Lanka in 2018 with possible violation of fundamental rights. 65

1.4. Access at airports
ANAFE (the National Association of Border Assistance to Foreigners – Association nationale d’assistance
aux frontières pour les étrangers) is, an organisation that provides assistance to foreigners in airports. In
its Annual report published in September 2020, the organisation highlighted several difficulties inaccessing the right of asylum at airports.66 According to the latter, there is a general lack of informationon the right to seek asylum and difficulties occur in the registration of asylum claims at the border. It further

57

58

59

60

61

62

63

64

65

66

MSF, ‘Migrants trapped in relentless cycle of rejection on French-Spanish border’, 6 February 2019,available at: https://goo.gl/CdT9gC. See also Accem et al., ‘Augmentation des arrivées en Espagne: l’Europe doit sortir la réforme de Dublin de sa paralysie’, 4 December 2018, available in French
at: https://goo.gl/8ZCpAg.
MSF, ‘Migrants trapped in relentless cycle of rejection on French-Spanish border’, 6 February 2019,available at: https://goo.gl/CdT9gC.
New York Times, ‘French Mayor Offers Shelter to Migrants, Despite the Government’s Objections’,
12 February 2019, available at: https://goo.gl/VeSv1C.
L’Indépendant, ‘Pyrénées-Orientales : 11 000 refus d’entrées sur le territoire depuis le 1er janvier
2020’, 5 November 2020, available in French at : https://bit.ly/2NBnHB7.
Le Monde, ‘Paris et Madrid défendent leur coopération sur la question migratoire’, 13 November
2018, available in French at: https://goo.gl/5gafGT.
Commission nationale consultative des droits de l’homme, ‘Avis droit des étrangers et droit d’asiledans les outre-mer. Cas particulier de la Guyane et Mayotte’, 26 September 2017, available inFrench at : https://bit.ly/2M1MYnU.
Le Monde, ‘Un nouveau drame de l’immigration clandestine à Mayotte fait plusieurs morts, dont unenfant’, 25 September 2020, available in French at : https://bit.ly/2Mx8Ff6.
Fance Info, ‘Guyane : 2 500 refus d’entrée sur le territoire au premier semestre’, 12 November
2020, available in French at : https://bit.ly/3oop7Mf.
La Cimade, ‘La Réunion : expulsion de 8 demandeurs d’asile Sri Lankais en toute opacité’, 10
october 2018, Available in French at : https://bit.ly/36gZGpA.
ANAFE, Annual report 2019, available in French at: https://bit.ly/3a5GM6k, 66.

30

highlighs the important role of the Police in practice and the obstacles it may create regarding the asylum
application. Similar issued ar further described below under the Border procedure (border and transit
zones).

2. Registration of the asylum application
Indicators: Registration
1. Are specific time limits laid down in law for making an application?
❖ If so, what is the time limit for lodging an application?

Yes

No

2. Are specific time limits laid down in law for lodging an application?
❖ If so, what is the time limit for lodging an application?

Yes
21 days

No

Yes

No

3. Are registration and lodging distinct stages in the law or in practice?

4. Is the authority with which the application is lodged also the authority responsible for its
examination?
Yes
No
5. Can an application be lodged at embassies, consulates or other external representations?
Yes
No

Once an individual has entered the French territory in order to seek asylum in France, he or she must be
registered as asylum seeker by the French authority responsible for the right of residence, namely thePrefecture. Then, he or she can lodge an asylum application with OFPRA, the only administrationcompetent to examine asylum applications. However, there is a specific procedure for people who seek
asylum from an administrative detention centre, in case they are already detained for the purpose ofremoval.

2.1.

Making and registering an application

French law does not lay down strict time limits for asylum seekers to make an application after entering
the country.
However, the law specifies that one reason why OFPRA shall process an asylum claim in Accelerated
Procedure is that “without legitimate reason, the applicant who irregularly entered the French territory or
remained there irregularly did not introduce his or her asylum claim in a period of 90 days as from thedate he or she has entered the French territory.” 67 Prior to the 2018 reform, this time limit was 120 days.
In Guiana, the time limit is 60 days.68
The registration of asylum claims in France is conducted by “single desks” (guichet uniques de demanded’asile, GUDA) introduced in order to register both the asylum claim and the need for material reception
conditions. There are 34 GUDA across France.69
In order to obtain an appointment at the GUDA, asylum seekers must present themselves to orientation
platforms (Plateformes d’accueil de demandeurs d’asile, PADA). Local organisations are responsible forthis pre-registration phase and make appointments at the Prefecture for the asylum seekers. According
to the law, the appointment has to take place within 3 working days after asylum seekers have expressed
their intention to lodge an asylum claim.70 This deadline can be extended to 10 working days when a large
number of foreign nationals wishing to introduce an asylum claim arrive at the same time. 71

67
68
69
70
71

Article L.723-2(III)(3) Ceseda, as amended by Article 6 Law n. 2018-778 of 10 September 2018.
Art. L.767-1 Ceseda.
The list of GUDA is available at: http://bit.ly/2Eq0pV6.
Article L.741-1 Ceseda.
Ibid.

31

While the introduction of the “single desk” system in 2015 aimed at reducing delays relating to registration
and avoid long lines of people presenting themselves in front of Prefectures, this additional step has led
to more complexity and delays in accessing the procedure in practice. To restore the 3-day time limit, theMinister of Interior published a Circular on 12 January 2018 which increased the staff in Prefectures andin the French Office for Immigration and Integration (OFII) to reorganise services. This plan ensures fully
operational GUDA every day of the week, as well as overbooking to compensate for ‘no show’appointments.72
The average waiting time for appointments at the GUDA from the PADA has decreased since 2018. In
2019, the average time at national level was 5,8 working days. 73 In July 2019, the Council of State has
recognised that the waiting time for appointment remained a current issue and urged the authorities totake appropriate measures to comply with the legal time foreseen before January 2020.74 In February
2020, the average time was around 3,5 working days but exceeded 10 days in Lyon. 75
In a report published in May 2020, the Court of Auditors (Cour des comptes) recalled however the
existence of "hidden delays" preceding the access to the SPADAs and stressed that "making people wait
several weeks or even several months before the deposit of their request and the assessment of theirvulnerability is unsatisfactory not only with regard to their rights but also for the effectiveness of the asylum
system”. 76
Indeed, asylum seekers have faced difficulties in accessing the PADA, especially in the Ile-de-France
region (Paris and surroundings). Since May 2018, the French Office of Immigration and Integration (OFII)
operates a telephone appointment system in this region, whereby applicants obtain an SMS appointment
to appear before a PADA, which in turn books them an appointment with the GUDA to register theirapplication.77 The telephone appointment system therefore constitutes an additional administrative layer
in the registration process. In 2018 (from the launch on 2 May 2018 until 31 December 2018), thetelephone platform answered 61,957 calls and granted 46,139 appointments for registration. In 2019, theplatform answered 82,339 calls and granted 64,328 appointments.78 OFII described this system as “verypositive”.79 In December 2020, OFII reported that 200,682 calls were answered and 151,478
appointments were granted during the first 600 days operation. 80 However, figures (“chiffres noirs”) madeavailable by the Prefecture of Ile-de-France reveal much higher numbers of calls made to the platform.
According to the NGO La Cimade, these figures indicate that nearly 90% of calls made to the OFII
telephone service until the end of 2018 were unsuccessful.81 The NGO also reported that the number of
appointments available throughout 2019 was reduced from 300 to 255 per day at the end of October
2019. A further decrease of appointments was observed in 2020, inter alia due to COVID-19, reaching
only 198 appointments per day in September, 200 in October and 235 since November 2020.82

72

73
74
75
76

77

78
79
80
81

82

Circulaire NOR INTV1800126N du 12 janvier 2018 Réduction des délais d’enregistrement desdemandes d’asile aux guichets uniques, available in French at: http://bit.ly/2EEPKJQ.
Figure disseminated by OFII during a meeting with NGOs in January 2020.
Council of State, 31 July 2019, Decision 410347, available in French at : https://bit.ly/38jVdRH.
Data collected from NGOs managing platforms
Cour des Comptes, ‘L’entrée, le séjour et le premier accueil des personnes étrangères’, 5 May
2020, available in French at : https://bit.ly/36m6eTK.
OFII, ‘Une plateforme téléphonique pour les demandeurs d’asile en Île-de-France’, 2 May 2018,available in French at: https://goo.gl/LqUc7R.
OFII, ‘Rapport d’activité 2019’,October 2020, available in French at : https://bit.ly/2MrpKaP, 24.
Op. cit. P.23
OFII on Twitter, 14 December 2020, available in French at : https://bit.ly/2YIeJnTAIDA, ‘France: nearly 90% of calls to Paris phone registration platform missed’, 19 April 2019,available at: https://bit.ly/3bd9JwL;La Cimade, ‘La loterie de l’accès à la procédure d’asile en Ilede-France’ ,12 April 2019, available in French at : https://bit.ly/2LDUjcU.
La Cimade, Asile en Ile de France : comment contourner (légalement) la plateforme de l’OFII ?’, 9
February 2021, available in French at : https://bit.ly/3pexgTD.

32

NGOs have criticised the telephone platform as inefficient, referring to people unsuccessfully attempting
to call several times, or waiting for over half an hour on the phone before speaking to OFII. According to
La Cimade, the telephone platform is only operative a couple of hours per day and after 12:00 pm,
individuals are asked to call again on the next day as all the appointments have already been booked. 83
As a result, the access to the asylum procedure reaches 1 month on average. In addition, despite initial
announcements of free-of-charge access, calls to the telephone platform are charged 0,15 to 0,19 € per
minute by phone operators. The cost can be exorbitant for asylum seekers given that they have no accessto reception conditions before their claim is registered and are often destitute. 84
In February 2019, following an urgent action (référé-liberté) brought by several civil society organisations,
the Administrative Court of Paris ordered OFII to deploy at least two more full-time staff members until
the end of February 2019 so as to reinforce the capacity of its telephone platform. 85 For the asylum
seekers directly concerned by the action, the Court ordered OFII to grant appointments within 48 hours.
The Court acknowledged the efforts of OFII to overcome delays and avoid physical queues before thedifferent PADA in Paris. However, it held that the technical and practical obstacles to access to thetelephone platform have resulted in “virtual queues” of asylum seekers who do not manage to receive a
response despite repeated attempts during several days.
In November 2019, another legal action was filed by several NGOs. The Administrative Court of Parisordered the Prefecture to increase the number of daily appointments up to 100 for the Ile de France region
and urged the OFII to take the necessary steps to set up a free phone number. 86 However, the Court did
not ordered to provide another way to obtain appointment in this region.
In December 2020, 16 migrants supported by 12 NGOs have again asked the court to note that the
telephone platform is, for many, inaccessible and constitutes an obstacle to access to asylum
applications.87 The court's response was still pending by the time of publication of this report.
At the GUDA, it is not mandatory to provide an address (domiciliation) to register asylum seekers’ claims.
However, as long as administrative notifications are still sent by mail, asylum seekers have to provide anaddress for the procedure to be smoothly conducted. An address certificate (déclaration de domiciliation)is also necessary to benefit from certain social benefits, in particular the Universal Medical Protection(PUMA). A specific form to declare asylum seekers’ address is available since 20 October 2015.
In order for their claim to be registered by the Prefecture, asylum seekers have to provide the following: 88- Information relating to civil status;- Travel documents, entry visa or any documentation giving information on the conditions of entry
on the French territory and travel routes from the country of origin;- 4 ID photos; and- In case the asylum seeker is housed on his or her own means, his or her address.
Special measures in the context of Covid-19
Registration activities have been temporarily suspended following the closure of the single desks for
asylum seekers (Guichet unique pour demandeur d’asile – GUDA) from mid-March to the beginning of

83
84

85

86

87

88

Ibid.
Ligue des Droits de l’Homme et al., ‘Campements, loterie, service payant : le système d’asile nerépond plus’, 7 February 2019, available in French at: https://goo.gl/U1yPaG.
Administrative Court of Paris, Order 1902037, 13 February 2019, available in French at:https://goo.gl/Fv4vG4.
Administrative Court of Paris, Order 1924867/9, 25 November 2019, available in French at:https://bit.ly/3ajddxq.
ACAT and others, ‘Exilés en errance en Ile-de-France, l’impossible enregistrement des demandes
d’asile’, Press release. 10 December 2020, available in French at : https://bit.ly/2LbFpdP
Article R.741-3 Ceseda.

33

May 2020. Subsequently, access to the asylum procedure and to reception conditions were suspended
with no alternative solutions. This measure had no legal basis and mainly resulted from the lack ofavailable civil servants within State agencies. On April 2020, 7 NGOs and 7 asylum seekers asked to the
Administrative court to reopen access to asylum application in Paris and its region.89 The court ruled infavor of the applicants, but the Ministry of Interior and OFII lodged an appeal. On 30 April 2020, theCouncil of State confirmed the first decision and urged the authorities to reopen access to GUDA in thisregion.90
The asylum claim certification
It is only once the asylum claim certification (attestation de demande d’asile) has been granted that a form
to formally lodge the asylum application is handed to the applicant. Specific documentation is also handed
to the asylum seeker in order to provide him or her information on:- The asylum procedure;- His or her rights and obligations throughout the procedure;- The consequences that violations of these obligations might have;- His or her rights and obligations in relation to reception conditions; and- Organisations supporting asylum seekers.
The asylum claim certification is delivered for a specific period of time, renewable until the end of theprocedure. Depending on the procedure, the period of validity varies: 91- Under the regular procedure, the asylum claim certification is valid for an initial period of time of
1 month, renewable for 9 months and 6 months afterwards (as many times as necessary);- Under the accelerated procedure, the asylum claim certification is valid for an initial period of timeof 1 month, renewable for 6 months and 3 months (as many times as necessary);- Under the Dublin procedure, the asylum claim certification is valid for an initial period of time of 1
month, renewable for 4 months (as many times as necessary). However, persons under a Dublin
procedure are not given a form to lodge their application with OFPRA.
The Prefecture may refuse to grant an asylum claim certification for 2 reasons: 92(a) The foreign national introduced a subsequent application after the final rejection of his or her first
subsequent application; or(b) The foreign national is subject to a final decision of extradition towards another country than his
country of origin, or if he is subject to a European Arrest Warrant or an arrest warrant issued by
the International Criminal Court.
If foreign nationals are refused an asylum claim certification, they are refused the right to stay on the
French territory and to introduce an asylum claim. They might be placed in an administrative detention
centre in view of their removal.
In addition, the renewal of an asylum claim certification can be refused, or the asylum claim certification
can be refused or removed when:93(a) OFPRA has taken an inadmissibility decision because the asylum seeker has already been
granted asylum in another EU Member State or third country, where the protection provided iseffective; or the subsequent application is inadmissible;(b) The asylum seeker has withdrawn his or her asylum claim;

89

90

91
92
93

ACAT and others, ‘L’accès à la demande d’asile mis à l’arrêt en Ile-de-France’ - Press release, 15
April 2020, available in French at : https://bit.ly/3j7MHMe.
Council of State, Decisions n° 440250 and 440253, 30 April 2020, available in French at:https://bit.ly/3am2Kly.
Ministerial ruling on application of Article L.741-1 Ceseda, published on 9 October 2015.
Article L.741-1 Ceseda.
Article L.743-2 Ceseda, as amended by Article 12 Law n. 2018-778 of 10 September 2018.

34

(c) OFPRA has closed the asylum claim. OFPRA is entitled to close an asylum claim if it has notbeen lodged within 21 days; or if the asylum seeker did not present him or herself to the interview;or if the asylum seeker has consciously refused to provide fundamental information; or if theasylum seeker has not provided any address and cannot be contacted; 94(d) A first subsequent application has been introduced by the asylum seeker only to prevent a notified
or imminent order of removal;(e) The foreign national introduced a subsequent application after the final rejection of his or her first
subsequent application; or(f) The foreign national is subject to a final decision of extradition towards another country than his
country of origin, or if he is subject to a European arrest warrant or an arrest warrant issued by
the International Criminal Court. In case of a refusal, or refusal of a renewal, or removal of theasylum claim certification, the asylum seeker is not allowed to remain on the French territory andthis decision can be accompanied by an order to leave the French territory (OQTF);(g) OFPRA has taken a negative decision on an application lodged by an asylum seeker subject toan expulsion order or entry ban.
In parallel to the registration of the claim at the Prefecture, the file of the asylum seeker is transferred to
OFII that is responsible for the management of the national reception scheme.

2.2.

Lodging an application

Following registration, if the Dublin Regulation does not apply, the asylum seeker has 21 calendar days
to fill in the application form in French and send it by registered mail to OFPRA, the determining authority
in France.95 In order for the claim to be processed by OFPRA, the filled and signed application form as tobe accompanied by a copy of the asylum claim certification, 2 ID photos and, if applicable, a travel
document and the copy of the residence permit. The file must contain a short explanation of the groundsof the claim in French.
A specific procedure applies in Guiana, Martinique and Guadeloupe: when there is an important
increase of applications for international protection during three months in a row, the authorities have thepossibility to take special measures during a period of 18 months maximum. This includes the possibility
to require that the application for international protection is being lodged with OFPRA in person and within
7 days following registration.96
Upon receipt of the claim, OFPRA shall inform the asylum seeker as well as the competent Prefect andthe OFII that the claim is complete and ready to be processed. In case the claim is incomplete the asylum
seeker has to be asked to provide the necessary missing elements or information within 8 additional days;
3 days in Guiana, Martinique and Guadeloupe in special circumstances.97 When OFPRA receives acomplete application within the required deadlines, it registers it and sends a confirmation letter to theapplicant. If the information is not sent or filed in after the deadline, OFPRA refuses to lodge the applicationand takes a decision discontinuing the processing of the claim. If the case is not reopened within 9 months,
a new claim is considered as a Subsequent Application.
Finally, the requirement to write the asylum application in French remains a serious constraint. For asylum
seekers who do not benefit from any support through the procedures and who may face daily survival
concerns, not least due to lack of accommodation, the imposed period of 21 days is very short.

94
95
96

97

Article L.723-13 Ceseda.
Article R.723-1 Ceseda.
Decree 2019-1329 of 9 December 2019 on procedures for processing asylum requests in the
Antilles and Guyana and modifying the rules for appealing against OFPRA decisions, available inFrench at: https://bit.ly/3ajeKDz.
Article R.768-1 Ceseda.

35

2.3. Applications lodged in detention
In administrative detention centres, the notification of the individual’s rights, read out upon arrival,
indicates that he or she has 5 calendar days to claim asylum. This 5-day time limit is strictly applied inpractice. That said, the CNDA has shown some flexibility in the specific cases of persons transferred
between detention centres. In one case decided in April 2018, the individual had been notified of the rightto seek asylum within 5 days upon his arrival in a detention centre. Four days later – before the expiry ofthe deadline – he was transferred to another facility and was informed again of the right to make an asylum
application within 5 days. The Court found that, since the former deadline had not expired upon the second
notification of the right to claim asylum, the applicant could rely on the latter notification in good faith. 98
The 5-day deadline is not applicable if the person calls upon new facts occurring after the 5-day deadline
has expired,99 although this last condition does not apply to asylum seekers coming from a Safe Countryof Origin.100
Asylum seekers in detention can benefit from legal and linguistic assistance.101 According to the CNDA,
which examines appeals against inadmissible asylum applications in detention centres, the 5-day
deadline may not be contested on the ground that the asylum seeker did not benefit from effective legal
and linguistic assistance in detention, or on the basis of facts occurring prior to the deadline which theperson was not aware of at the time.102

C. Procedures
1. Regular procedure
1.1. General (scope, time limits)
Indicators: Regular Procedure: General
1. Time limit set in law for the determining authority to make a decision on the asylum application
at first instance:103
6 months
2. Are detailed reasons for the rejection at first instance of an asylum application shared with theapplicant in writing?
Yes
No
3. Backlog of pending cases at first instance as of 31 December 2020:

84,000The determining authority in France, OFPRA, is a specialised institution in the field of asylum, under theadministrative supervision of the Ministry of Interior since November 2007 (see Number of staff and natureof the determining authority). A time limit of 6 months is set for OFPRA to take a decision under the regularprocedure.104 When a decision cannot be taken within 6 months, OFPRA has to inform the applicant
thereof within 15 calendar days prior to the expiration of that period.105 An additional 9-month period for
OFPRA to take a decision starts and, under exceptional circumstances, it can even be extended for 3
more months.106 Nevertheless, the law provides no consequences to non-compliance with these time
limits.

98
99
100

101
102
103
104
105
106

CNDA, M. D., Decision No 17024302, 6 April 2018, available in French at: https://bit.ly/2BP0geZ.
Article L.551-3 Ceseda.
Ibid. If the claim by a national of such a country is made within the 5-day period, however, it cannot
be deemed inadmissible: Administrative Court of Versailles, Order No 1800897, 9 February 2018.
Article L.551-3 Ceseda.
CNDA, Decision No 16037938, 25 July 2017.
Article R.723-2 Ceseda.
Article R.723-2 Ceseda.
Article R 723-3 Ceseda.
Article R.723-2 Ceseda.

36

In 2017, the Government set a target processing time of 2 months for asylum applications examined by
OFPRA.107 However, the average first-instance processing time for all procedures was 262 days in 2020,
due to the impact of COVID-19 on OFPRA’s activity,108 up from 161 days in 2019 and 150 days in 2018. 109
During COVID-19, the OFPRA officially suspended all its interviews of asylum claims, from 16 March up
until 11 May 2020. As a result, the backlog of pending cases reached 84,000 as of the end of 2020.110

1.2. Prioritised examination and fast-track processing
The law provides for the possibility for OFPRA to give priority to applications introduced by vulnerable
persons having identified “specific needs in terms of reception conditions” or “specific proceduralneeds”.111 No information is available on the use of this provision in recent years.
Since 2013, OFPRA also conducts decentralised and external missions in order to accelerate theexamination of claims from seekers with specific nationalities or having specific needs. This means thatinterviews are being held in certain cities, instead of being held on the premises of OFPRA in the Paris
region. This has resulted in 42 decentralised missions in 2019 (compared to 23 in 2018) which wereconducted in Metz, Lyon, Rennes, Toulouse, Montpellier, Strasbourg and Nantes and overseas
departments (12).112 In 2020, OFPRA held 23 decentralised missions in Toulouse, Périgueux, Lyon,
Metz, Aix-en-Provence, Annecy, Lille and overseas (Mayotte, Martinique, Guadeloupe and French
Guiana)113
OFPRA also continued its missions abroad. In 2020, this included 8 missions in cooperation with UNHCR
to resettle refugees from Turkey, Lebanon, Jordan, Chad, Egypt and Rwanda as well as 19 missions
in Europe following search and rescue operations in Italy and Malta as well as missions to support theasylum system in Greece (where, for the first time, it involved cases of unaccompanied minors) . 114
The 2018 reform has introduced the possibility for OFPRA to carry out resettlement missions in the law. 115

107

108

109
110

111
112

113

114
115

Le Monde, ‘Le gouvernement fait de la réduction du délai de demande d’asile une des clés du plan
migrants’, 12 July 2017, available in French at: https://goo.gl/rz18KD.
OFPRA, ‘Premières données de l’asile 2020, 21 January 2021, available in French at:https://bit.ly/3cAaIKy.
Ibid.
OFPRA, ‘Premières données de l’asile 2020, 21 January 2021, available in French at:https://bit.ly/3cAaIKy.
Article L.723-3 Ceseda.
OFPRA, ‘Les premières données de l’asile 2019 à l’OFPRA, 21 January 2020, available in French
at: https://bit.ly/38zltHM.
OFPRA, ‘Premières données de l’asile 2020, 21 January 2021, available in French at:https://bit.ly/3cAaIKy.
Ibid.
Article L.714-1 Ceseda, inserted by Article 7 Law n. 2018-778 of 10 September 2018.

37

1.3. Personal interview
Indicators: Regular Procedure: Personal Interview
1. Is a personal interview of the asylum seeker in most cases conducted in practice in the regularprocedure?
YesNo❖ If so, are interpreters available in practice, for interviews?
YesNo
2. In the regular procedure, is the interview conducted by the authority responsible for taking thedecision?
Yes
No
3. Are interviews conducted through video conferencing?
Frequently
RarelyNever❖ If so, under what circumstances?
Physical inability of attending e.g. health;held in administrative detention; overseas
4. Can the asylum seeker request the interviewer and the interpreter to be of a specific gender?
YesNo❖ If so, is this applied in practice, for interviews?
Yes
No

The Ceseda provides for systematic personal interviews of applicants. There are two legal grounds foromitting a personal interview:116(a) OFPRA is about to take a positive decision on the basis of the evidence at its disposal; or(b) Medical reasons prohibit the conduct of the interview.
In practice, OFPRA rarely omits interviews. In 2019, 96.5% of asylum seekers were summoned for aninterview,117, compared to 90.1% in 2018, 97.1% in 2017, 94.1% in 2016 and 95.4% in 2015. The rate ofinterviews actually taking place was 74.4% in 2019118, stable compared to 74% in 2018 (77.6% in 2017,72.4% in 2016 and 76% in 2015).119 Statistics on the number of interviews in 2020 were not available atthe time of writing of this report.
All personal interviews are conducted by protection officers from OFPRA. Asylum seekers are interviewed
individually without their family members. A minor child can also be interviewed alone if OFPRA has
serious reasons to believe that he or she might have endured persecutions unknown to other family
members.120 After a primary interview, OFPRA can nevertheless conduct a complementary one and hearseveral members of a family at the same time if it is necessary for assessing the risks of persecution.121
The law provides that the asylum seekers can further ask the protection officer and the interpreter to beof a particular gender.122 This guarantee is applied in practice, yet not systematically, as the law provides
that this request has to be deemed justified by OFPRA due to the difficulties of the asylum seeker toexpose comprehensively the grounds of her/his claim, in particular if she/he has been subjected to sexual
violence. Moreover, the law stipulates the request is granted “as far as possible”.
Videoconferencing
As a rule, interviews are conducted in the premises of OFPRA in Fontenay-sous-Bois, east of Paris.
Interviews can be conducted through video conferencing in 3 cases: 123(a) The asylum seeker cannot physically come to OFPRA for medical or family reasons;(b) The asylum seeker is held in an administrative detention centre; or
116
117
118
119
120
121
122
123

Article L.723-6 Ceseda.
OFPRA, 2019 Activity report, June 2020, available in French at https://bit.ly/3jFo0aa, 56
ibid
OFPRA, 2017 Activity report, April 2018, available in French at: https://goo.gl/ih5jkG, 50.
Article L.723-6 Ceseda.
Ibid.
Article L.723-6 Ceseda
Article R.723-9 Ceseda.

38

(c) The asylum seeker is overseas.
An OFPRA Decision of 23 December 2020 has established the updated list of approved premises
intended to receive asylum seekers, applicants for stateless status, refugees or beneficiaries of subsidiary
protection heard in a professional interview conducted by OFPRA by an audio-visual communication
procedure.124 This includes several administrative detention centres, as well as waiting zones (see Border
Procedure). La Cimade noted in a 2018 report that videoconferencing has negative effects on the qualityof interview in detention. This was mainly due to material problems, communication difficulties as well asinterpretation issues.125
In 2019, 2.3% of all interviews were conducted through video conferencing, compared to 2.2% in 2018,
3.1% in 2017 and 4,2% in 2016. Statistics on the number of interviews conducted through videoconferencing in 2020 were not available at the time of writing of this report. However, the OFPRA did notuse videoconferencing during the first lockdown in the context of COVID-19 as a way of maintaining its
activity. Instead, all personal interviews on the metropolitan territory were cancelled between 16 Marchand 11 May 2020.
Accompaniment by a third party
Asylum seekers have the possibility to be accompanied by a third person, either a lawyer or arepresentative of an accredited NGO.126 In a Decision of 2 July 2019,127 OFPRA’s Director-General has
updated and further detailed the conditions for the organisation and the proceedings of the interview in apresence of a third party.
The third party has to give prior notice of her/his presence at the interview. The 4 to 7 days time limit
previously applied is no longer in place according to the decision. However, since COVID-19, OFPRA
requires a 48 hours prior notice. Asylum seekers with disabilities may also ask OFPRA to be accompaniedby their health worker or by a representative of an association providing assistance to people withdisabilities. The absence of a third person does not prevent OFPRA from conducting the interview. The
third person is not allowed to intervene or to exchange information with the asylum seeker or theinterpreter during the interview, but he or she can formulate remarks and observations at the end of theinterview. These observations are translated if necessary and written down in the interview report. Theinterview is also fully recorded. Neither the third party nor the asylum seeker have the right to record theinterview. The content of the interview and any notes taken are confidential and must not be disclosed by
the third party, without prejudice to the necessities of a subsequent appeal.
The asylum seeker or the third person can ask to read the interview report before a decision is taken on
the case. At the end of the interview, the asylum seeker and the third person who accompanies him or
her are informed of their right to have access to the copy of the interview. The latter is either immediately
given to the asylum seeker or it is sent before a decision is taken. 128 The OFPRA Decision of 2 July 2019
allows for the possibility of providing further comments or documents after the interview, within areasonable time-limit not hampering the taking of the decision.
According to an OFPRA Decisions of 10 December 2018 and 30 July 2020, 38 organisations areauthorised to accompany asylum seekers in interviews. 129 These organisations are frequently requested
124
125

126
127

128
129

OFPRA, Decision of 23 December 2020, available in French at: https://bit.ly/2OtwKVp.
La Cimade, Le droit d’asile en retention – Analyse d’une chimère, June 2018, available in French
at: https://bit.ly/2EWkvIs, 29.
Article L.723-6 Ceseda.
OFPRA, Decision of 2 July 2019 establishing organisational modalities for the interview according
to the implementation of Article L.723-6 of the Ceseda, available in French at https://bit.ly/3aP2rzW.
Article R.723-7 Ceseda.
OFPRA, Decision NOR: INTV1833858S of 10 December 2018 establishing the list of organisations
competent for proposing representatives to accompany asylum seekers or refugees orbeneficiaries of subsidiary protection to a personal interview held by OFPRA, available at39

to accompany asylum seekers, most of the time from applicants not accommodated in the centres theyrun. However, the lack of specific funding dedicated to this mission renders such assistance difficult inpractice. Only 1.7 % of asylum seekers interviewed in 2019 were accompanied by a third party, comparedto 1.9% in 2018 and 1,8% in 2017.130 Figures for the year 2020 were not available at the time of writing.
Interpretation
The presence of an interpreter during the personal interview is provided if the request has been made in
the application form. Following the 2018 asylum reform, the language declared by the asylum seeker
upon registration at the GUDA is binding for the entire procedure and can only be challenged at the appeal
stage.131
Failure by OFPRA to provide interpretation may affect the validity of the first instance decision. The
Council of State ruled in 2018 that where the asylum seeker has been unable to communicate and to beunderstood during the interview, due to the absence of an interpreter for his or her language or a language
he or she sufficiently comprehends, and the deficiency is imputable to OFPRA, the asylum decision shallbe annulled by CNDA.132
OFPRA interviews can be conducted in 117 languages. 133 Interpreters are not OFPRA staff but arerecruited as service providers through public procurement contracts.
The law provides for a choice of interpreter according to gender considerations, in particular if the asylum
seeker has been subjected to sexual violence. 134 This provision also applies to protection officers.
In 2018, 92% of interviews were held in the presence of an interpreter 135, compared to 93% in 2017.136 In
2019, 86.9% of the scheduled interviews included an interpreter. 137 No data was available regarding 2020
at the time of writing.
In 2020, interpretation was still conducted in-person and not by phone or videoconference despite thehealth crisis. OFPRA set up a health protocol, including temperature reading, mandatory masks for theasylum seeker, the interpreter and the protection officer, and protective plexiglass.
According to some stakeholders, the quality of interpretation can vary significantly. Some asylum seekers
have reported that translations are too simplified (e.g. approximate translations or not in line with theiranswers) or carried out with inappropriate behaviour (e.g. inattentive interpreters or interpreters taking theliberty to make personal reflections or laughing with the protection officer). Moreover, OFPRA’s protection
officers may sometimes act as interpreters themselves, which can have a diverse impact. Some asylum
seekers report difficulties to open up to a person who speaks the language of the country involved in the
alleged persecution. Nevertheless, some advantages have also been reported, such as demonstrating aparticular interest for the region of origin.

130
131
132
133

134
135
136
137

https://bit.ly/3oE2D9V; OFPRA, Decision of 30 July 2020 establishing the list of organisations
competent for proposing representatives to accompany asylum seekers or refugees orbeneficiaries of subsidiary protection to a personal interview held by OFPRA, available in Frenchat https://bit.ly/3jajKiA.
OFPRA, 2017 Activity report, 51.
Article L741-2-1 Ceseda, inserted by Article 10 Law n. 2018-778 of 10 September 2018.
Council of State, Decision No 412514, 11 April 2018, EDAL, available at: https://bit.ly/2NiyFrb.
OFPRA, Decision NOR: INTV1836064S of 28 December 2018 establishing the list of languages inwhich asylum seekers, applicants for stateless status, refugees and beneficiaries of subsidiary
protection can be heard in the context of a personal interview, available in French at:https://goo.gl/S8bgaX.
Article L.723-6 Ceseda.
OFPRA, 2018 Activity report, available in French at https://bit.ly/3jbYYzm.
OFPRA, 2017 Activity report, 80.
OFPRA, Activity report 2019, 90

40

OFPRA published a Code of Conduct for interpreters in November 2018. 138 It has also conducted trainings
for interpreters, specifically concerning certain vulnerabilities of asylum seekers. There is no information
yet on whether the Code of conduct is being well applied in practice, however.
Recording and report
An audio recording of the interview is also made. It cannot be listened to before a negative decision has
been issued by OFPRA, in view of an appeal of the decision.139 In case a technical issue prevents theaudio recording from being put in place, additional comments can be added to the registration of theinterview. If the asylum seeker refuses to confirm that the content of the interview registered is incompliance with what has effectively been said during the interview, the grounds for his or her refusal are
written down. However, it cannot prevent OFPRA to issue a decision on his or her claim.140 The absenceof an audio recording due to technical reasons does not in itself affect the validity of OFPRA’s decision,as it does not constitute an essential procedural guarantee according to the CNDA. 141
Getting access to the audio recording after a negative decision has been issued by OFPRA is quite
challenging for asylum seekers. During the time-frame between the notification of the negative decisionand the lodging of the appeal, the recording can only be listened to in OFPRA offices, in Fontenay-sousBois. This makes it impossible for asylum seekers accommodated outside Paris and its surroundings to
get access to recordings. In addition to travel difficulties, it would require them to be able to understandboth French and the translation and to take notes of the details of the interview while listening to therecording. As a result, only 11 asylum seekers went to OFPRA to listen to the recording of their interview
in 2019.142
Once an appeal is lodged in CNDA, the audio recording can be obtained by asylum seekers’ lawyers(although this is not mandatory). Even if most of lawyers pleading to the Court are based in Paris and its
surroundings, it is much easier for asylum seekers to get access to the audio recording through them.
The audio recording can be relied upon to substantiate the appeal.
A transcription of the interview is made by the protection officer in charge. The report is not a verbatim
transcript of the interview as in practice the protection officer takes notes him or herself at the same time
as he or she conducts the interview. The report is a summary of the questions asked by the protection
officer, the answers provided by the asylum seeker and, since the adoption of the reform of the law on
asylum, the observations formulated by the third person, if applicable. It also mentions the duration of theinterview, the presence (or not) of the interpreter and the conditions in which the asylum seeker wrote hisor her application. It also includes, if applicable, the grounds for protection regarding the minor childrenof the asylum seeker, the observations of the protection officer and the publicly available sources which
may have been consulted by the protection officer for the examination of the case. The report is sent tothe asylum seeker together with any notification of a negative decision; in the regular procedure it can besent before the notification, if the applicant so requests. The report is written in French and is not translated
for the applicant. In practice, the quality of the interview report can vary, as highlighted in the OFPRA and
UNHCR quality control reports (see Regular Procedure: General).
The interview report and the draft decision written by the protection officer are then submitted for thevalidation of the section manager. Since September 2013, a procedure of transfer of signature has been
set up in order to accelerate the processing delays.

138
139
140
141

142

OFPRA, Charte de l’interprétariat, November 2018, available in French at: https://goo.gl/vSEYFT.
Article L.723-7 Ceseda.
Article R.723-8 Ceseda.
CNDA, Mme N., Decision No 16040286, 29 October 2018, available in French at:https://bit.ly/2GVpI5O.
OFPRA, 2019 Activity report, 56.

41

1.4. Appeal
Indicators: Regular Procedure: Appeal
1. Does the law provide for an appeal against the first instance decision in the regular procedure?
YesNo❖ If yes, is it
Judicial
Administrative❖ If yes, is it suspensive
Yes
Some grounds
No
2. Average processing time for the appeal body to make a decision:

248 days in 2020

1.4.1. Appeal before the National Court of Asylum (CNDA)
Following the rejection of their asylum application by the Director General of OFPRA, the applicant may
challenge the decision to the National Court of Asylum (CNDA). The CNDA is an administrative court
specialised in asylum. The CNDA is divided into 22 chambers. These chambers are divided into
formations of courts each of them made up of 3 members:143 a President (member of the Council of State,of an administrative court or appellate court, the Revenue Court or magistrate from the judiciary, in activity
or honorary)144 and 2 designated assessors, including one appointed by UNHCR. The presence of a judge
appointed by UNHCR at the CNDA is a unique feature of the French asylum system.
The CNDA is competent for appeals against decisions granting or refusing refugee status or subsidiary
protection, against decisions withdrawing refugee status or subsidiary protection and against
inadmissibility decisions pertaining to subsequent applications and to asylum seekers benefiting from aneffective asylum protection in another country. The CNDA may also hear “upgrade appeals” fromapplicants who have been granted subsidiary protection by OFPRA but who want to be recognised as
refugees. In this case, the CNDA can grant the refugee status. If not, the benefit of subsidiary protection
remains valid.
The appeal must be filed by registered mail or fax within 1 month from the notification of the negativedecision by OFPRA. For asylum applications lodged in French overseas departments,145 asylum seekers
have 2 months to appeal the OFPRA decision.146 However, the calculation of this time-limit has been
made more difficult by the 2018 Asylum and Immigration Law, which provides that the number of days
used to present the legal aid application from the notification of the OFPRA decision, is deducted fromthe 1 month (or 2 months) time-limit for lodging the appeal (see Legal assistance).
There is a specific form to submit this appeal: 147
1. It has to be written in French:
2. It must contain the name, last name, nationality, date of birth and administrative address of theclaimant;
3. It must be founded in law and facts;
4. The certification of asylum claim and the OFPRA decision must be attached;
5. It has to be signed by the claimant or his or her attorney;
6. It has to specify in which language the claimant wishes to be heard; and7. In case the claim has been channelled to an accelerated procedure, the notice of informationdelivered by the Prefecture stating the reason for this must be attached.
143

144

145

146
147

A plenary session (Grande formation) is organised to adjudicate important cases. Under thesecircumstances, there are 9 judges: the 3 judges from the section which heard the case initially and
2 professional judges, 2 representatives of the Council of State and 2 assessors from UNHCR.
10 judges acting as presidents are now working full time at the CNDA, in addition to part time judges
on temporary contracts.
Guadeloupe, Guiana, Martinique, Réunion, Saint-Barthélemy, Saint-Martin, Mayotte, Saint Pierre
and Miquelon, French Polynesia, the Wallis and Futuna Islands, New Caledonia and the French
Antarctic Lands.
Article L.733-7 Ceseda.
Article R.733-5 Ceseda.

42

This appeal has automatic suspensive effect for all asylum seekers in the regular procedure. The appeal
is assessed on points of law and facts. Documents and evidence supporting the claim have to betranslated into French to be considered by the CNDA. Identity papers, judicial and police documents mustbe translated by an officially certified translator. The clerk informs OFPRA of the existence of an appeal
against its decision and asks for the case file to be transferred within 15 calendar days.
The CNDA sends a receipt of registration to the applicant which notifies the applicant of his or her right toconsult his or her file, the right to be assisted by a lawyer, the fact that the information concerning his or
her application is subject to automated processing, of the possibility that his or her appeal will beprocessed “by order” (ordonnance) namely by a single judge without a hearing. In case the appeal has
been lodged after the deadline, and in case of dismissal (non-lieu) or withdrawal of the applicant, thepresident of the CNDA or the president of one of the sections can dismiss the appeal by order. If theappeal does not contain any serious elements enabling a questioning of the OFPRA decision, it can also
be dismissed “by order” (“ordonnance”) but after a preliminary assessment of the case.148
In 2020, the CNDA registered 46,043 appeals and took 42,025 decisions, compared to 59,091 appeals
and 66,466 decisions in 2019. 149 The important decrease of appeals and decisions is due to the impact
of COVID-19. During the first lockdown in March-April 2020, the CNDA was closed during 8 weeks.
The appeal is processed by a Court panel in the regular procedure, while in the Admissibility Procedure
and Accelerated Procedure only one single judge – either the President of the CNDA or the President of
the section – rules on the appeal. In 2020, the CNDA took 23,149 decisions in collegial function, downfrom 31,102 collegial decisions in 2019. During that year, it further took 18,876 single-judge decisions
following a hearing or by order, compared to 35,362 in 2019.150
Processing times
The law sets a time limit for the CNDA to take a decision. The CNDA has to rule within 5 months under
the regular procedure.
The average processing time for the CNDA to take a decision increased to 8 months and 8 days in 2020
compared to 7 months and 5 days months in 2018, due to the suspension of activities during 8 weeks inthe context of COVID-19. During 2020, the average processing time 10 months and 19 days for the regularprocedure; and 3 months and 21 days for the accelerated procedure.151
The deadline for closing the inquiry is 5 days minimum before the date set for the hearing in the regularprocedure. This means that it is only possible to add further information to the appeal case until 5 days
before the hearing.152 After the hearing, it is nevertheless possible to produce further elements to the
Court by submitting a “note en délibéré”. In the regular procedure, 21 days are taken by the Court before
delivering its decision. This delay is named “délibéré”, during which the claimant can inform the Court of
new elements or claim for further study of the case should an incident have taken place during the hearing.

148

149

150
151
152

The Council of State has ruled that when the CNDA takes an order, the absence of UNHCR does
not contravene the 1951 Geneva Convention (in particular Article 35) or the Asylum Procedures
Directive: Council of State, Decision 366578, 9 July 2014, available in French at:
http://bit.ly/1CfPye8.
Ministry of Interior, Chiffres clés – Les demandes d’asile, available in French at:https://bit.ly/2TRCMzB.
CNDA, 2020 Activity report, available in French at: https://bit.ly/3aGSg04.
Ibid.
Article R.733-13 Ceseda.

43

In case of an emergency hearing, taking place no less than 7 days after summons, the inquiry may beclosed at the hearing.153
Hearing and decision
Unless the appeal is rejected by order (ordonnance), the law provides for a hearing of the asylum seeker.
The fact that the CNDA may reject cases without hearing them has an effect on the duration of theprocedure. If the court makes a decision “by order”, the duration of the procedure will be up to threemonths faster.
A summons for a hearing has to be communicated to the applicant at least 30 days before the hearing in
the regular procedure,154 at the address indicated to the CNDA.155 These hearings are public, unless the
President of the section decides that it will be held in camera. In most cases, hearings were held in camera
following a specific request from the applicant. The hearing in camera is ipso jure (de plein droit) meaningthat it is applied upon request of the applicant. The CNDA must specify in its decision whether the hearing
is public or held in camera.156
Asylum seekers who are not accommodated in reception centres have to organise and pay for theirjourney themselves, even if they live in distant regions.
The hearing begins by the presentation of the report by the rapporteur. The judges can then interview theapplicant. If the applicant is assisted by a lawyer, he or she is invited to make oral submissions, theadministrative procedure before the CNDA being mainly written. Following the hearing, the case is placed
under deliberation.
Out of the total of 42,025 decisions taken by the CNDA in 2020, 28,178 of them were issued following ahearing, of which 23,149 hearings were held in collegial function and 5,029 in single-judge format. The
remaining 13,847 decisions were taken by order (ordonnance).
The hearing takes place at the CNDA headquarters in Montreuil, near Paris, but the use ofvideoconferencing for CNDA hearings is allowed. Since 1 January 2019, the CNDA may use
videoconferencing even without the consent of the applicant, to ensure “a proper administration of justice”.
The interpreter sits in a room together with the asylum seeker; if this is not possible, he or she is present
from the side of the Court.157 Where videoconferencing is used, the CNDA shall prepare two transcripts,
one in the seat of the Court and one in the hearing room where the applicant is present. 158
The CNDA held 104 video hearings in 2020, down from 223 in 2019.159 In practice, videoconferencing
has only been applied to appeals lodged overseas, where it replaced mobile court hearings. It has notbeen applied to mainland France in 2020, although a recent CNDA decision provides thatvideoconferencing will be established in the premises of the Administrative Court of Appeal of Lyon andNancy for all appeals lodged after 1 January 2019. 160

153
154

155
156

157

158
159
160

Article R.733-19 Ceseda, as amended by Article 14 Decree n. 2018-1159 of 14 December 2018.
Article R.733-19 Ceseda. In case of “emergency” however, the period between the summons andthe hearing can be reduced to 7 days.
Council of State, Decision No 414389, 7 June 2018, available in French at: https://bit.ly/2GABhQx.
Council of State, Decision No 418631, 7 December 2018, available in French at:https://bit.ly/2VeC4Kt.
Article L.733-1 Ceseda, as amended by Article 8 Law n. 2018-778 of 10 September 2018. This was
also confirmed in CNDA, M. N., Decision No 14024686, 12 September 2018, available in French
at: https://bit.ly/2BVTxjF.
Council of State, Decision No 408353, 7 March 2018, available in French at: https://bit.ly/2NgixpW.
CNDA, 2019 Activity report, 35.
CNDA, Decision 2018.12.DK.01 of 17 December 2018, available in French at:https://goo.gl/CksrSR.

44

The 2018 reform has been severely criticised in this regard, with practitioners referring to technicaldeficiencies in the videoconferencing system in Lyon. This negatively affects the quality of hearings andraises important fundamental rights concerns, which are exacerbated in cases involving vulnerable
applicants .161 This measure has been suspended, and a mediator was appointed to find a solution thatwould suit both the Court and the lawyers. As a result, the Court and the lawyers organisations reached
an agreement in November 2020, providing for the express consent of the applicant as a prerequisite forthe videoconferencing and for the holding of decentralised mobile hearings in Lyon and Nancy.162 The
implementation of this agreement will be monitored by a mixed steering committee of Court, lawyers,interpreters, doctors representatives and of audio-visual technics experts.163
Decisions of the CNDA are published (posted on the walls of the court building) after a period of 21 days
following the hearing under regular procedure and after one week under accelerated procedure.164
Negative decisions are transmitted to the Ministry of Interior, i.e. OFPRA and Prefectures. Since the
COVID-19 crisis and considering the restrictions to access Courts, the Court also publishes theanonymised list of its decisions on its website, thus enabling all applicants to be informed of decisions,
including those who do not live in Paris.
In cases where it plans to reject the appeal by order due to the absence of serious elements enabling aquestioning of the OFPRA decision, the CNDA has the obligation to inform the applicants about theirrights to access their file.165 In practice, however, the applicant is not informed that his or her appeal will
be rejected by order. Courts consider that the general information provided upon registration of the appeal,
which includes explaining that the applicant has the right to access the file, discharges them from their
duty to inform.166
Applicants are heard in the language declared upon registration of the asylum application at the GUDA.
If an asylum seeker cannot be heard in the language he or she has indicated, he or she is heard in alanguage he or she can reasonably be expected to understand.167
Asylum seekers face several obstacles in challenging a negative OFPRA decision. Although time limits
and appeal modalities are translated at the back of the refusal notification, some asylum seekers
sometimes do not understand them, in particular those who are not accommodated in reception centres.
Applicants are not eligible for support for the preparation of their appeal within the PADA. They can only
rely on volunteer assistance from NGOs, whose resources are already overstretched. In addition,
reception centres do not officially offer legal assistance regarding the appeal. Their mission iscircumscribed to a legal orientation to lawyers and to filling the legal aid request form. In practice, mostaccommodation centres keep on assisting asylum seekers in writing and challenging their claim to the
CNDA.

161

162

163

164

165
166
167

See e.g. Forum réfugiés – Cosi, ‘Vidéo-audience à la CNDA : une mise en œuvre qui suscitel’inquiétude’, 1 February 2019, available in French at: https://goo.gl/n78xcp.
Forum réfugiés-Cosi, ‘Cour national du droit d’asile : un accord sur la vidéo-audience qui préserve
la qualité de l’instruction’ - Press release, available in French at : https://bit.ly/3aQnkuu.
CNDA, Vademecum on videoconferencing hearings before the National Court of Asylum, 12
November 2020, available in French at: https://bit.ly/3a4nU92.
CNDA decisions are however not accessible on the internet. Only a selection is published by the
CNDA on its website: http://bit.ly/2ki5O6G. The CNDA also publishes a compilation of case law
every year, available at: https://goo.gl/GCQy4o.
Article R.733-4(5) Ceseda.
Article R.733-8 Ceseda.
Article R.733-5 Ceseda, as amended by Article 14 Decree n. 2018-1159 of 14 December 2018.

45

1.4.2. Onward appeal before the Council of State
An onward appeal before the Council of State (Conseil d’Etat) is provided by law in case of a negativedecision at CNDA level or in case OFPRA decides to appeal against a CNDA decision granting aprotection status.168 This appeal must be lodged within 2 months of notification of the CNDA decision.169
The Council of State does not review the facts of the case, but only allegations supported by the applicant
on points of law such as compliance with rules of procedure and the correct application of the law by the
CNDA. If the Council of State annuls the decision, it refers to the CNDA to decide again on the merits ofthe case, but it may also decide to rule itself on the granting or refusal of protection.
This appeal before the Council of State must be presented by a lawyer registered with the Council ofState. If the asylum seeker's income is too low to initiate this action, he or she may request legal aid to
the Office of legal aid of the Council of State. In practice, it is very difficult to obtain it.
The Council of State received the following appeals in 2020:
Appeals before the Council of State : 2016-2020
2016

2017

2018

2019

2020

Total number of appeals

847

1,052

836

905

614

Total number of decisions

788

1,069

845

866

644

Admissible

26

24

34

49

42

Not admissible

762

1,045

811

817

602

admissible

21

26

28

38

49

Positive decision for asylum
seeker

16

21

24

26

30

Decisionsappealson

Source: CNDA, Activity report, 2020, 10. Note that there is an admissibility procedure carried out before a case is
examined by the Council of State, as a result of which only a few appeals are admissible and decided upon in practiceas indicated in the table above.

This appeal is not suspensive, the average processing time is around two years and the applicant may
be returned to his or her country of origin during this period.

1.5. Legal assistance
Indicators: Regular Procedure: Legal Assistance
1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficultyNo❖ Does free legal assistance cover:Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a negative decisionin practice?
Yes
With difficultyNo❖ Does free legal assistance coverRepresentation in courts
Legal advice

168
169

Article L.511-1 CJA.
See CNDA, Appeals before the Council of State, available in French at: http://bit.ly/1dBgbhO.

46

1.5.1. Legal assistance at first instance
The modalities and the degree of assistance provided to asylum seekers at first instance depend on thetype of reception conditions they enjoy:•

If the applicant is accommodated in a reception centre (see Types of Accommodation), he or she
can be supported in the writing of his or her application form by staff from the reception centres,in accordance with the mission set out in their framework agreement.170 As regards Reception
Centre for Asylum Seekers (Centre d’accueil de demandeurs d’asile, CADA) teams, most of thetime, social workers, should also assist the applicant in the preparation of the interview at OFPRA.
This consists of administrative rather than legal assistance.

•

If the applicant cannot be accommodated in a reception centre, then the “reference framework”
for asylum seekers’ “orientation platforms” (PADA)171 applies,172 and he or she can obtain somebasic information and assistance on the procedure.

These assistance services are funded by OFII, by the Ministry of Interior and/or by EU funding under the
Asylum, Migration and Integration Fund (AMIF). Some local authorities sometimes contribute to thisfunding.
Access to legal assistance is therefore uneven depending on the type of reception conditions provided.
Asylum seekers in the most precarious situations, those without reception conditions are offered much
fewer services than those accommodated in CADA. This situation leads to unequal treatment between
asylum seekers accommodated in reception centres (a fortiori CADA), who receive support and in-depth
assistance, and asylum seekers housed in emergency facilities or dependant on unofficial shelteringsolutions, who are without direct support and are sometimes located far away from the regional PADA.
Furthermore, the limited resources allocated to these platforms greatly limit the services provided.

1.5.2. Legal assistance at the appeal stage
Legal support for the preparation of appeals to the CNDA is not funded within the “reference framework”
of the PADA. Therefore, asylum seekers have to rely on legal support from lawyers.
The law foresees the granting of legal aid (“aide juridictionelle”) for lawyers to file an appeal to the CNDA
in case of a negative decision from OFPRA.173 Legal costs can therefore, upon certain conditions, beborne by the State.
The right to legal aid is considered as ipso jure (de plein droit). Legal aid before the CNDA is an automatic
entitlement and is granted upon request if: (a) the appeal does not appear to be manifestly inadmissible;and (b) the legal aid application is submitted within 15 days after receiving the notification of the negativedecision from OFPRA. The 2018 asylum reform has removed the possibility for the asylum seeker toapply for legal aid at any point before the expiry of the one-month deadline to appeal.174

170

171

172

173
174

Annex 1 Circular on CADA Mission, 19 August 2011, available at: http://bit.ly/1Kv5fiG. This is
expected to be amended soon.
In France, these orientation platforms (plateformes d’accueil) can have several aims: they canreceive asylum seekers to provide administrative, legal and social support and can also handle
requests for housing and postal address (domiciliation). 23 of these platforms are managed by
NGOs.
Ministry of Interior, Reference framework for first reception services for asylum seekers, December
2011, available at: http://bit.ly/1C5aQLg, 10.
Article 3 Law n. 91-647 of 10 July 1991 on legal aid
Article 9-4 Law n. 91-647 of 10 July 1991 on legal aid, as amended by Article 8 Law n. 2018-778
of 10 September 2018.

47

Following the reform, the law provides that the legal aid application suspends the deadline to appeal
before the CNDA. Time continues to run from the point the applicant or his or her legal representative
receives the notification of legal aid from the Legal Aid Office.175 As a result, the time available to lodge
an appeal will vary depending on how early a legal aid application is submitted e.g. if the legal aid
application is submitted 2 days after receiving the negative OFPRA decision, the deadline to appeal willbe 28 days after the decision of the Legal Aid Office.
The recipients of legal aid have the right to choose their lawyer freely or to have one appointed for themby the Legal Aid Office.176 The refusal to grant legal aid may be challenged before the President of the
CNDA within 8 days. This legal aid for asylum seekers is funded though the State budget for the general
legal aid system. In practice, legal aid is widely granted:
Applications for legal aid before the CNDA: 2015-2020
2015

2016

2017

2018

2019

2020

29,18130,19342,74948,62051,89139,78828,627

29,32444,98946,63951,88842,261

Granted25,93328,21743,46644,98548,78940,105

Refused

2,694

1,107

1,523

1,384

3,099

2,156

Acceptance rate

90.6%

96.2%

96.6%

96.4%

94%

94.9%

Total applications
Total
decisionsapplications

on

Source: CNDA, 2020 Activity report, 31

Until 2013, lawyers working in the field of asylum were granted lower financial compensation (8 credits,or 256 € per file – excluding taxes) than the fee allocated for ordinary cases before administrative courts.
A Decree of 20 June 2013 doubles the unit value (16 credits, or 512 € - excluding taxes) for appeals witha hearing and 4 credits (or 106 €) for appeals without a hearing before the CNDA.177 Since 2017, theamount of the unit value is 32 € (excluding taxes).178
In any event, the current level of compensation is still deemed insufficient by many asylum stakeholders
in France and this prevents lawyers from doing serious and quality work for each case.179 In particular, it
is not enough to cover the cost of an interpreter during the preparation of the case. 180 Lawyers are often
court-appointed by the CNDA,181 and only have the address of their clients and no phone numbers for theparties to effectively get in touch. Moreover, most of these lawyers are based in Paris whereas asylum
seekers can be living elsewhere in France. Therefore, they often do not meet their clients until the last
moment. These lawyers sometimes refuse to assist asylum seekers in writing their appeal and only
represent them in court. This makes it difficult for asylum seekers to properly prepare for the hearing.
175
176
177

178

179

180

181

Ibid.
CNDA, Legal Aid, available in French at: http://bit.ly/1FXqvaw.
Decree n. 2013-525 of 20 June 2013 on the compensation for the missions of Legal aid carried out
by lawyers at the CNDA.
Circulaire du 19 janvier 2017 présentant certaines dispositions de l’article 135 de la loi n° 20161917 du 29 décembre 2016 de finances pour 2017 et du décret n° 2016-1876 du 27 décembre
2016 portant diverses dispositions relatives à l’aide juridique NOR: JUST1701743C, available inFrench at : https://bit.ly/2OL2RwV.
The CNDA is based in Paris and a return train ticket from other cities (such as Lyon) already takesa large part of the fee received.
Senate, Information Report n°130, prepared by Senators Jean-Yves Leconte and ChristopheAndré Frassa, 14 November 2012.
Decree n. 2013-525 of 20 June 2013 on the compensation for the missions of Legal aid carried out
by lawyers at the CNDA also extends the possibility to designate court-appointed lawyers to alllawyers registered in any Bar in France (it was previously restricted to the Bar Associations of Parisand Versailles).

48

Asylum seekers who are not accommodated in reception centres are therefore on their own to write theirappeal and face a high risk of seeing their appeal rejected by order due to insufficient arguments. They
can only rely on legal assistance from NGOs, which is nevertheless very uncertain given the uneven
availability of such assistance, as it is dependent on the location of the asylum seeker, the availability ofinterpreters as well as the capacity and resources of the NGO.

2. Dublin
2.1. General
Dublin statistics: 2020
Statistics on the application of the Dublin Regulation are not made available by the authorities prior totheir publication on the Eurostat database. However, some data has been shared NGOs at the beginningof 2021. In 2020, 24,970 outgoing Dublin requests have been made by French authorities, compared to
47,633 in 2019 (it differs from Eurostat data which indicates 45,907 outgoing requests). At the end of
2020, 17,451 of them were still in a Dublin procedure and 7,519 persons were re-channelled from a Dublin
procedure to a regular or accelerated procedure (requalifiés).
As regards the actual implementation of transfers in 2020, no detailed statistics were available at the timeof writing of this report. Nevertheless, the Ministry of Interior indicated that 3,500 transfers have been
carried out in 2020, equalling to a 14%% transfer rate (compared to 5,670 transfers in 2019).182 Out of
the 3,500 transfers that have been implemented, the majority were carried out to Germany (1,662), Italy(1,573) and Spain (949).183 More detailed data and a breakdown by country/nationality on transfers was
not available at the time of publication of this report.
During COVID-19, no specific measures have been taken by the authorities with regard to the Dublin
procedure and Dublin transfers were only suspended to countries which did not accept Dublin returnees.
Thus, the authorities continued to process applications for international protection under the Dublin III
Regulation and to issue requests accordingly during the pandemic. Persons who were falling under the
Dublin procedure prior to the closure of the GUDAs continued to check in regularly if they were not underhouse arrest, or continued to be detained pending their Dublin transfer.
Application of the Dublin criteria
The Dublin procedure is applied to all asylum seekers without exception, as per the Regulation. The
Ministry of Interior issued an instruction on 19 July 2016, recalling to all Prefectures that “in the current
migration context, no asylum application should be registered as France’s responsibility without priorverification whether France is in fact the responsible country.” 184 The need to strictly apply the Dublin
Regulation in response to important secondary movements was recalled by the Ministry in a circular of
23 March 2018.185

182

183

184

185

Ministry of Interior, Figures on immigration, asylum, nationality for 2019, Press release, 21 January
2020, available in French at : https://bit.ly/3aya5Of.
Eurostat. For more data, see : Forum réfugiés-Cosi, ‘Réglement Dublin : une efficacité limitéemalgré des transferts en hausse’, July 2020, available in french at : https://bit.ly/3aodO1G.
Ministry of Interior, Instruction NOR: INTV1618837J of 19 July 2016 relating to the application of
the Dublin III Regulation – Resort to house arrest and administrative detention in the context ofexecution of transfer decisions, available in French at: http://bit.ly/2jI7dEd, 2. Unofficial translationby the author.
Ministry of Interior, Information of 23 March 2018 on the application of Law n. 2018-187 of 20 March2018 allowing for sound implementation of the European Asylum System, available in French at:https://goo.gl/m8wNjB.

49

The official policy of the French Dublin Unit is that it does not transfer unaccompanied children under the
Dublin Regulation.186 Unaccompanied children can however be placed under a Dublin procedure by
Prefectures if their claim is not processed before they reach the age of 18 or if they are deemed as adults
after age assessment.
In practice, the elements taken into account to determine the Member State responsible can vary fromone Prefecture to another but it has been observed that the taking of fingerprints (and therefore theidentification of another responsible State) always takes precedence over the application of the othercriteria.187 Practice was expected to evolve with the implementation of the 2015 reform of the law on
asylum as the Circular of 2 November 2015 stated that “in case another Member State would be
responsible for processing the asylum claim, the Prefecture conduct the interview with the asylum seeker
in order to establish his or her conditions of entry, his or her itinerary and potential family ties in anotherMember State.”188 The instruction of 19 July 2016 also reiterates that the presence of family members
must always be inquired, even in the case of a Eurodac ‘hit’. 189 In practice, the taking of fingerprints still
remains decisive in the determination of the State responsible for processing the asylum claim and familyties are not really examined during the Dublin interview.
The dependent persons and discretionary clauses
It is difficult to know how the discretionary clauses are applied, as recent information and data is missing
on the matter. Nevertheless, a 2017 order of the Council of State illustrates the use of the sovereignty
clause in cases where a child with health conditions may encounter risks upon transfer to anothercountry.190 The use of the clause was also encouraged in the context of the Calais camp dismantlementin 2016. In practice, it is possible to ask the Prefecture to be channelled from a Dublin procedure to aregular or accelerated procedure (“requalification”) especially for vulnerable people, and the discretionary
clause seems to be often applied for these situations in some districts. However, there is not data available
on this issue.

2.2. Procedure
Indicators: Dublin: Procedure
1. Is the Dublin procedure applied by the authority responsible for examining asylum applications?
YesNo
2. On average, how long does a transfer take after the responsible Member State has accepted
responsibility?
Not available
While there is no official data available on how long a transfer takes place after the responsible Member
State has accepted responsibility, civil society organisations have reported that it can vary from 1 to 153
days.191
186

187

188

189

190
191

Position expressed by the Minister of the Interior in 2009, and not reviewed since. Ministry ofInterior, Visite d’un centre d’accueil de mineurs étrangers isolés interpellés à Calais : Eric BESSON
salue le succès du dispositif mis en place, 1 October 2009, available in French at:https://bit.ly/32Nwa88.
Circular of 1 April 2011 on the application of Council Regulation 343/2003, the so-called ‘Dublin
Regulation’. Implementation of accelerated procedures of some asylum claims mentioned in art
L741-4 Ceseda, available in French at: http://bit.ly/1dBnfeg.
Circular of 2 November 2015 on the implementation of the Law of 29 July 2015 on the reform of
the asylum law, available in French at: http://bit.ly/1RaHGPQ.
Ministry of Interior, Instruction NOR: INTV1618837J of 19 July 2016 relating to the application of
the Dublin III Regulation – Resort to house arrest and administrative detention in the context ofexecution of transfer decisions, 3.
Council of State, Order 416192, 5 December 2017, available at: http://bit.ly/2rpCZNM.
This is based on information gathered through Court decisions issued in 2019. See also : La
Cimade, Guide pratique et théorique du réglement Dublin, available in French at :https://bit.ly/2uneV0d.

50

The Dublin procedure is not carried out by the OFPRA but by a separate entity – the Prefectures - inaccordance with the recast Asylum Procedures Directive. 192 The deadline of 3 months for Prefectures toissue an outgoing Dublin request starts running from the moment the applicant makes an application at
the orientation platform (PADA) rather than the date of registration of the application at the “single desk”,
as confirmed by the Administrative Court of Appeal of Bordeaux in application of the Court of the Justiceof the European Union (CJEU) ruling in Mengesteab.193
In practice, according to a sample analysed by La Cimade in 2018, a Dublin request is sent by thePrefectures to other countries within 21 days on average. This can range from requests sent on the dayof registration of the claim at the GUDA, to requests sent after 91 days. 194 No data was made available
for 2019 and 2020, however.
When they go to the Prefecture to register as asylum seekers at the GUDA, all applicants are given an
information leaflet explaining, among others, the Dublin procedure; Leaflet A, produced by the EU andtranslated into several languages.195 They also receive the general guide for asylum seekers, alsotranslated into several languages,196 and a form to notify their intention to introduce an asylum claim (seesection on Registration). In practice, many asylum seekers do not seem to be really informed of the detailsof the procedure after their interview.
During the application process, the officers in Prefectures are requested to take fingerprints for each andevery asylum seeker above 14 years old and they have a duty to check these fingerprints in the Eurodac
database. An exception is made for asylum seekers whose fingerprints are unfit for identification i.e.
unreadable. In this case, asylum seekers will be summoned again and their claim will be channelled into
the accelerated procedure if their fingerprints are still unfit for identification, 197 with the exception of certain
cases such as asylum seekers who are seriously ill. The asylum claim cannot be fully registered without
the fingerprints have been taken and checked in Eurodac. Therefore, the asylum claim certification is only
delivered once all information, including fingerprints, has been registered. 198
Asylum seekers receive an asylum claim certification specifying the procedure under which they havebeen placed, for instance the Dublin procedure. 199 This asylum claim certification allows asylum seekers
placed under Dublin to remain legally on the French territory during the entire procedure for thedetermination of the responsible State.
Once a claim is channelled under the Dublin procedure, the applicant receives a second information leafleton the Dublin procedure (Leaflet B, produced by the EU and translated into several languages) 200 and a
Dublin notice document (convocation Dublin) issued by the Prefecture.
The presence of an interpreter at that stage is not guaranteed and practice varies widely depending on
the Prefecture. The applicant must go to the Prefecture every month with his or her Dublin notice
document.
192
193

194

195

196

197
198
199
200

Article 4(2) recast Asylum Procedures Directive.
Administrative Court of Appeal of Bordeaux, Decision 17BX03212, 22 December 2017, available
at: http://bit.ly/2DttGBh. See CJEU, Case C-670/16 Mengesteab, Judgment of 26 July 2017.
La Cimade, ‘Dublin: Le Conseil d’Etat révise sa jurisprudence sur le report du délai de transfert encas de recours’, 26 September 2018, available in French at: https://bit.ly/2GQNRub.
European Commission and Migrationsverket, Leaflet A: “I have asked for asylum in the EU – Whichcountry will handle my claim?” 2014, available at: http://bit.ly/1PSuhgz.
Ministry of Interior, ‘Guide du demandeur d’asile’, available in 30 languages at:https://bit.ly/3c1FdHf.
Article L.723-2 Ceseda.
Circular of 2 November 2015 on the implementation of the Law of 29 July 2015.
Articles L.741-1 and L.742-1 Ceseda.
European Commission and Migrationsverket, Leaflet B: “I am in the Dublin procedure – What does
this mean?”, 2014, available at: http://bit.ly/1dBoCd2.

51

Usually, the applicant is informed that a take back or a take charge procedure has been initiated throughthe information written at the back of his Dublin notice document. However, there is not necessarily
information either about the country which was contacted or on the criteria leading to this referral.
Moreover, the asylum seeker is not necessarily informed about the date when the country determined tobe responsible for his or her application is contacted and sometimes does not know the date of therequested Member State’s reply either. Asylum seekers under the Dublin procedure are formally informed
about these dates through the notification of readmission order letter delivered to them once the decision
to “take charge” or “take back” has been made.
Regionalisation
In 2018, the Ministry on Interior has implemented a regionalisation plan for the Dublin procedure whereby
the Dublin procedure is carried out by one Prefecture (pôle régional) per region, with a view to ensuring
higher convergence across the French territory.201 This plan was consolidated in 2019.202 According tothis plan, only one Prefecture per region is now responsible for the implementation of the Dublin procedure
for the applications registered in its respective region. Following a pilot phase tested in the regions ofHauts de France and Provences-Alpes-Côte d’Azur, the following Prefectures have been designatedas regional focal points (pôles régionaux):
Regional focal points for the Dublin procedure: 2020
RegionAuvergne-Rhône-Alpes

Competent Prefecture
Lyon

Bourgogne-Franche-Comté

Besançon

Bretagne

RennesCentre-Val de Loire

Orleans

Corse
Grand Est

Strasbourg

Hauts-de-France

Lille

Ile-de-France – Essonne

Evry

Ile-de-France – Hauts-de-Seine

NanterreÎle-de-France – Paris

Paris

Ile-de-France – Seine et Marne

Melun

Ile-de-France – Seine Saint Denis

BobignyIle-de-France – Val de Marne

CréteilIle-de-France – Val d’Oise

Cergy-PontoiseIle-de-France – Yvelines

Versailles

Normandie

Rouen

Nouvelle-Aquitaine

Bordeaux

Occitanie

Toulouse

Pays de la Loire

AngersProvence-Alpes-Côte d'Azur

Marseille

201

202

Ministry of Interior, Note sur l’application du règlement Dublin III – régionalisation de la procédure
Dublin, 30 July 2018, available in French at: https://goo.gl/m3712j.
Arrêté du 10 mai 2019 désignant les préfets compétents pour enregistrer les demandes d'asile etdéterminer l'Etat responsable de leur traitement (métropole). NOR: INTV1909588A, available inFrench at: https://bit.ly/3axKAwv.

52

Whereas the registration of applications is still carried out by all GUDA, all administrative formalities
related to the Dublin procedure are conducted by only one Prefecture in each region.
As a result of the regionalisation plan, the Ministry of Interior has advised that reception accommodation
should be provided close to the competent Prefecture: asylum seekers should be accommodated inplaces located close to that Prefecture or, if not yet accommodated, they should register with a PADA
near the Prefecture. In some regions, a regional scheme regarding accommodation has been established.
In Auvergne-Rhône Alpes for example, this scheme (which is not published) nominates certain PADA
and accommodation centres near Lyon, to which all asylum seekers of the region falling under the Dublin
procedure must be oriented.
The regionalisation plan creates difficulties for asylum seekers who have no means of travelling to thecompetent Prefecture after receiving a Dublin notice document, as missing an appointment led toreception being withdrawn and applicants becoming exposed to destitution. 203 The Council of Stateclarified, however, that where the applicant is required to travel from his or her place of residence toappear before the pôle régional, the transport costs have to be borne by the Prefecture. 204 However,problems persisted throughout 2020 as transport vouchers were sometimes delivered too late. As a result,asylum seekers were not always able to attend their appointment.
Detention and house arrest during the procedure
The law provides the possibility of notifying a house arrest (assignation à résidence) to asylum seekers
during the procedure of determination of the responsible Member State (see Alternatives to Detention).
Since 20 March 2018, detention can also be ordered at that point (see Grounds for Detention).205
In practice, the use of this possibility varies a lot depending on the Prefecture. The possibility to detain
asylum seekers from the beginning of the Dublin procedure seems to have been used a few hundred
times in 2019. Forum réfugiés-Cosi is aware of 74 cases in 2020 as it provided legal assistance to thatend in six different centres located in Lyon, Nice, Marseille, Perpignan, Sète and Nîmes.
Individualised guarantees
In 2020, individualised guarantees were still not requested by Prefectures prior to ordering a Dublintransfer, even though Tarakhel v. Switzerland foresees that States have to check what reception
conditions and procedural provisions will be guaranteed to asylum seekers when returned to thedetermined responsible country. That should particularly be applied to vulnerable asylum seekers andfamilies.
In 2020, the Administrative Court of Lyon suspended a Dublin transfer to Greece considering that thePrefecture had failed to take into consideration the observations made by the asylum seeker regarding
his individual situation in the destination country.206
Transfers
Any transfer decision must be motivated and notified in writing to the applicant. 207 It shall mention
deadlines to appeal and explain the appeal procedure. When the person is not assisted by a lawyer or an

203
204
205
206
207

ECRE, Access to asylum and detention at France’s borders, June 2018, 20.
Council of State, Order 422159, 26 July 2018.
Articles L.551-1 and L.561-2 Ceseda, as amended by Law n 2018-187 of 20 March 2018.
Administrative Court of Lyon, Decision N°20065, 8 September 2020.
Article L.742-3 Ceseda.

53

NGO, the main elements of the decision have to be communicated in a language he or she understands
or is likely to understand.
The period between the response of the requested country and the notification of a transfer decisionvaries considerably among Prefectures. According to La Cimade, it took an average of 73 days in 2018
for a decision to be notified, with some Prefectures issuing a decision in one day and others (Haute
Garonne, Meurthe-et-Moselle, Val-d’Oise) taking 4-5 months.208 More recent information on the
average times for the year 2020 was not available at the time of writing of this report.
With regard to the time limit for carrying out the transfer, the Council of State clarified in 2018 that the 6month deadline under Article 29 of the Dublin Regulation is suspended if the asylum seeker appeals thetransfer decision, and continues to run from the delivery of the Administrative Court judgment, regardlessof its outcome and only once. This means that even if the Administrative Court annuls the transfer and
the Prefect lodges an onward appeal, the 6-month deadline is not renewed.209
When a Member State agrees to take charge of an asylum seeker, 3 transfer modalities are available:(a) Voluntary transfer initiated by the applicant him or herself: a laissez-passer is provided as well as ameeting point in the host country;(b) Enforced transfer: the applicant is accompanied by police forces up until the boarding of the plane;or(c) Transfer under escort: the applicant is accompanied by police forces up until the transfer to theauthorities of the responsible State.
The modalities put in place to arrange transfers can vary from one Prefecture to another.
Asylum seekers under the Dublin procedure who do not benefit from stable housing receive a first letterfrom the Prefecture, informing them of the transfer. If they don’t come to the Prefecture, they receive asecond letter from the Prefecture informing them that the transfer deadline may be extended to 18 months.
It is therefore only after 2 refusals to come to the Prefecture that the asylum seeker is considered as
absconding. In practice, refusing to come once to an OFII appointment and then once to the Prefecture
implies the same consequences.
The law enables the Prefect to place under house arrest, systematically, any asylum seeker subject to atransfer decision (see Alternatives to Detention).210 According to this measure, the asylum seeker has torespect the limitations defined by the house arrest order. In case the asylum seeker has not complied withthe house arrest, he or she may be placed in administrative detention. 211 The Prefect can also request
the Judge of Freedoms and Detention (JLD) to make an order to require the assistance of the police toensure of the presence of the asylum seekers at the place he or she is supposed to remain or to operate
his or her transfer.212 Since an instruction of the Ministry of Interior of 20 November 2017, the use of theseprovisions increased in every Prefecture. 213
In practice, the notification of a house arrest is not made under the same conditions if the asylum seekers
are accommodated or not. When the asylum seekers placed under Dublin procedure are notaccommodated, house arrest is notified in person at the Prefecture. Asylum seekers accommodated arenotified by the Border Police at the place they are housed.

208

209
210
211
212
213

La Cimade, ‘Dublin: Le Conseil d’Etat révise sa jurisprudence sur le report du délai de transfert encas de recours’, 26 September 2018, available in French at: https://bit.ly/2GQNRub.
Council of State, Decision 420708, 24 September 2018.
Article L.561-2 Ceseda.
Ibid.
Ibid.
Ministry of Interior, Instruction NOR: INT/V/17/30666/J of 20 November 2017 on the objectives andpriorities in the fight against irregular immigration.

54

Finally, it should be noted that the rate of actual implementation of transfers continues to increase. In
2019, France had implemented 47,630 outgoing requests and 5,670 transfers, thereby marking a 11.9%transfer rate.214 In 2020, the Ministry of Interior indicated that 3,500 transfers carried out for 24,970
outgoing requests, equalling to a 14% transfer rate.
In 2020, a total of 27,901 asylum seekers were allowed to lodge applications with OFPRA after theirDublin procedure in France came to an end (requalifiés). Of those, 7,519 had been placed in a Dublin
procedure in 2020 and 20,382 in previous years. 215

2.3. Personal interview
Indicators: Dublin: Personal Interview
Same as regular procedure
1. Is a personal interview of the asylum seeker in most cases conducted in practice in the Dublin
procedure?
YesNo❖ If so, are interpreters available in practice, for interviews?
YesNo
2. Are interviews conducted through video conferencing?

Frequently

RarelyNever

Asylum seekers placed under the Dublin procedure do not benefit from an examination of their application
for asylum by OFPRA and therefore they do not have a personal interview on the substance of theirapplication for asylum in France in the framework of this procedure. The merit of their asylum claim will
be examined if France is designated as the responsible State at the end of the process.
There is a specific interview in the Dublin procedure in France. Difficulties arise from the fact this interview
is not always conducted in practice.216The instruction of the Ministry of Interior of 19 July 2016 also recallsthat interviews must be systematically conducted, not only limited to cases of a Eurodac ‘hit’.
Whether they are interviewed or not, all asylum seekers fill in a form during an appointment at thePrefecture to apply for the asylum claim certification. 217 The form includes a part entitled “personal
interview” which contains information enabling the Prefecture to determine the Member State responsible
for protection, in conformity with Annex I of the Commission Implementing Regulation No 118/2014. 218
During this appointment, which takes place at the GUDA in Prefectures (therefore not in offices
guaranteeing confidentiality), questions are asked about civil status, relatives of the applicant, modes ofentry into French territory, countries through which the applicant possibly travelled prior to his or her
asylum application, etc. Applicants have the possibility to mention the presence of family members
residing in another Member State. Some stakeholders have reported that no questions were asked aboutfamily members during the interview.
This part of the form is written in French and in English. It must be filled in by the applicant in French,
during the appointment. Those appointments are not recorded. Most of the time, the asylum applicant
receives a copy of the interview form.

214
215
216
217

218

Ministry of Interior. Data sent to NGOs, January 2021. For 2019, it differs from Eurostat.
Idem.
See e.g. Administrative court of Marseille, Decision n° 2001268, 28 September 2020.
Scheduled in theory within 3 calendar days after the asylum seekers have expressed their request
to be admitted on the territory on the ground of an asylum claim.
Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation(EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No
343/2003 establishing the criteria and mechanisms for determining the Member State responsible
for examining an asylum application lodged in one of the Member States by a third-country national,
OJ 2014 L 39/1.

55

2.4. Appeal
Indicators: Dublin: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the Dublin procedure?
YesNo❖ If yes, is it
Judicial
Administrative❖ If yes, is it suspensive
Yes
No

Asylum seekers placed under the Dublin procedure can introduce an appeal before the Administrative
Court to challenge the decision of transfer. The appeal has to be introduced within 15 days after theasylum seeker has been notified the decision of transfer. The appeal has suspensive effect. The
designated judge has to rule within 15 days after the appeal has been lodged. 219
These time limits are shorter in case of detention or house arrest. In such cases, the appeal has to be
introduced within 48 hours after the decision of transfer has been notified. 220 The judge has to rule within
72 hours after the appeal has been lodged. 221
In practice, the shorter time limit for introducing an appeal might prevent asylum seekers who are notaccompanied or who are accompanied in orientation platforms from introducing their appeal on time.
There is a practice in several Prefectures tending to notify the transfer with a house arrest measure on a
Friday, to avoid the possibility for the asylum seeker to find legal assistance during the weekend, andtransfer him or her 48 hours later. 222 In these frequent cases, there is de facto no effective appeal for
those people.
This method was also used by Prefectures to circumvent the prohibition by the Court of Cassation on
placing asylum seekers in detention for the purposes of performing a Dublin transfer due to the lack of adefinition of the “significant risk of absconding” in national legislation (see Grounds for Detention), until
this was introduced in March 2018.223

2.5. Legal assistance
Indicators: Dublin: Legal AssistanceSame as regular procedure
1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficultyNo❖ Does free legal assistance cover:Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a Dublin decision inpractice?
Yes
With difficultyNo❖ Does free legal assistance coverRepresentation in courts
Legal advice
Apart from cases where applicants under a Dublin procedure have access to reception facilities throughthe emergency scheme, usually they only have access to the legal assistance provided by the PADA.

219
220
221
222

223

Article L.742-4 Ceseda.
Ibid.
Article L.512-1(3) Ceseda.
See for example : InfoMigrants, ‘Y-a-t-il des recours possibles à une procédure Dublin?’, 6
December 2019, available in French at : https://bit.ly/2RIvUlw.
Court of Cassation, Decision No 17-15.160, 27 September 2017.

56

Access to legal aid can be obtained upon conditions of low income. Applicants must request thisallowance at the Legal Aid Office of the relevant Administrative Court. This office can ask for further
information and a short account of the legal and de facto reasons why the asylum seeker thinks thecontested decision is unlawful or unfounded and may, for instance, lead to a violation of his or her
fundamental rights. Access to legal aid can be refused if the arguments are deemed unfounded.

2.6. Suspension of transfers
Indicators: Dublin: Suspension of Transfers
1. Are Dublin transfers systematically suspended as a matter of policy or jurisprudence to one ormore countries?
Yes
No❖ If yes, to which country or countries?
There is no current general policy of suspension of transfers. The official position of the Ministry of Interiorconsists of systematically applying the Dublin Regulation. In addition, the test applied by Administrative
Courts and Administrative Courts of Appeal (erroneously) remains based on the notion of “systemic
deficiencies”.
Hungary: On several occasions in 2016 and 2017, Administrative Courts have suspended the transfer ofasylum seekers under the Dublin Regulation to Hungary.224 Case law remains inconsistent as of 2018,
however, with some courts arguing that the asylum procedure and reception conditions present nosystemic deficiencies in Hungary. 225 As France maintains a policy of applying the Dublin Regulation
systematically when there are indications of previous stay or application in Hungary, it continued to be themain Member State sending requests in 2019, although actual transfers have not been carried out at thetime of writing.
Italy: Some Administrative Courts have suspended transfers to Italy on account of systemic deficiencies
due to pressure on the reception system and the absence of vulnerability identification. 226 Since 2018,several judgments of Administrative Courts have annulled transfer decisions based inter alia on thegovernment’s decisions to forbid search and rescue boats from disembarking in Italian ports, its plans to
cut funding for asylum seekers, its hostile discourse on migrants, and the increase in incidents of racist
violence.227 Higher courts have expressed similar views in some cases.228 Nevertheless, these rulings
have had no effect on policy vis-à-vis Italy until now.
Bulgaria: There have been decisions suspending transfers in 2018, taking into account allegations ofpolice violence against asylum seekers in Bulgaria among other factors.229 In one case in July 2018, after
224

225
226

227

228

229

Administrative Court of Appeal of Nancy, Decision No 15NC00961, 31 March 2016; Administrative
Court of Appeal of Lyon, Decision No 15LY03569, 31 May 2016; Administrative Court of Lyon,
Decision No 1605495, 29 July 2016; Administrative Court of Appeal of Bordeaux, Decision No
16BX00997, 27 September 2016. Contrast a decision considering that there are no systemic
deficiencies in Hungary: Administrative Court of Versailles, Decision No 16VE02239, 28 June 2017.
See e.g. Administrative Court of Appeal of Versailles, Decision No 16VE02850, 20 February 2018.
Administrative Court of Lyon, Decision 19011982, 13 May 2019. Administrative Court of Rennes,
Decision 1705747, 5 January 2018, EDAL, available at: https://bit.ly/2NgRHOw; Administrative
Court of Nantes, Decision No 1601004, 12 February 2016. See also Administrative Court of Pau,
Decision of 26 January 2018.
Administrative Court of Paris, Decision No 1807362/8, 25 June 2018; No 1810819/8, 3 August
2018; Administrative Court of Bordeaux, Decision No 1803602, 29 August 2018; Administrative
Court of Melun, Decisions No 1807266 and No 1807354, 18 September 2018; Administrative Courtof Versailles, Decision No 1807048, 11 October 2018; Administrative Court of Pau, Decision No
1802323, 15 October 2018; Administrative Court of Toulouse, Decision No 1805185, 9 November
2018, EDAL, available at: https://bit.ly/2V9Eg5W.
Administrative Court of Appeal of Lyon, Decision No 18LY00381, 2 October 2018; Administrative
Court of Appeal of Nantes, Decision No 18NT00965, 5 October 2018.
See e.g. Administrative Court of Paris, Order No 1811611/9, 6 July 2018, EDAL, available at:https://bit.ly/2GCceN5.

57

the European Court of Human Rights granted interim measures under Rule 39 of the Rules of the Court
to prevent a transfer to Bulgaria, the Administrative Court of Paris ruled against the transfer,230 the Councilof State found on appeal that the conditions in Bulgaria did not warrant a suspension of the transfer. 231
The Administrative Court of Appeal of Marseille has taken a similar line, arguing that there are no
indications that Bulgaria would not offer treatment in compliance with asylum standards. 232
In some individual cases, Administrative Courts have prevented transfers on the basis of risks of chain
refoulement after asylum seekers’ return to another Dublin State. This has notably been the case for
Afghan nationals in particular, where courts have suspended Dublin transfers to different countries(Austria, Belgium, Germany, Norway, Sweden and Finland) on the ground that asylum seekers would
face a risk of indirect refoulement on account of these countries’ tendency to return such persons to theircountries of origin.233 In relation to Italy as well, the Administrative Court of Melun suspended the transfer
of a Sudanese national in 2017 on the ground that he would face chain refoulement to Sudan if returned
to Italy.234

2.7. The situation of Dublin returnees
Concerning access to the asylum procedure upon return to France under the Dublin III Regulation, theseapplications are treated in the same way as any other asylum applications. If the asylum seeker comesfrom a safe country of origin, his or her application is examined under the accelerated procedure. If theasylum application has already received a final negative decision from the CNDA, the asylum seeker may
apply to OFPRA for a re-examination only if he or she possesses new evidence (see section on
Subsequent Applications).
The conditions of support and assistance of Dublin returnees are complicated. The humanitarian
emergency reception centre (Permanence d’accueil d’urgence humanitaire, PAUH) run by the Red Cross
based next to Roissy – Charles de Gaulle airport aims to provide people released from the transit zone,
after a court decision, with legal and social support. For many years, without any funding to implement
this activity, the centre has received Dublin returnees at their arrival at the airport. The returnees are
directed towards the centre by the police or the airport services.
Upon their arrival at the airport, the Border Police issues a “safe passage (sauf-conduit) which mentions
the Prefecture where the asylum seekers have to submit their claim. This Prefecture may be located far
from Paris, in Bretagne for example. The returnees have to reach the Prefecture on their own as noorganisation or official service meets them. The centre cannot afford their travel within the French territory
due to funding shortages.
When the relevant Prefectures are in the Paris surroundings, two situations may occur:(1) On the one hand, some Prefectures do not register the asylum claims of Dublin returnees andchannel them to the PADA. As it has already been mentioned in the Registration section, accessto these platforms is really complicated and some returnees have to wait several weeks before
getting an appointment with the organisations running them.

230
231
232
233

234

Administrative Court of Paris, Order No 1813788/9, 31 July 2018.
Council of State, Order No 423124, 27 August 2018.
Administrative Court of Appeal of Marseille, Decision No 18MA01883, 19 September 2018.
Administrative Court of Lyon, Decision No 1702564, 3 April 2017 (Norway); Administrative Court of
Lyon, Decision No 1705209, 28 July 2017 (Finland); Administrative Court of Toulouse, Decision of
27 November 2017 (Sweden); Administrative Court of Appeal of Lyon, Decision No 17LY02181, 13
March 2018 (Finland), EDAL, available at: https://bit.ly/2SSwxMS; Administrative Court of Rouen,
Decision No 1801386, 31 May 2018 (Austria); Administrative Court of Appeal of Nantes, Decision
No 17NT03167, 8 June 2018 (Belgium); Administrative Court of Bordeaux, Decision No 180412,
15 June 2018 (Germany). Administrative Court of Appeal of Lyon, Decision N°20LY01035, 20 April
2020 (Sweden).
Administrative Court of Melun, Decision No 1708232, 6 November 2017.

58

(2) On the other hand, some Prefectures do immediately register the asylum claims of returnees andchannel them to OFII in order to find them an accommodation place. The PAUH is the only entity
receiving and supporting Dublin returnees upon their arrival in France by Charles de Gaulle
airport. Considering the systemic difficulties encountered by the orientation platforms in Paris andits surroundings, several Dublin returnees, after registering their claim, are apt to turn to it in order
to complete their asylum claim form or to find an accommodation.
In Lyon, the situation is similar upon arrival of returnees at Saint-Exupéry airport. The returnees are notreceived at their arrival and not supported. They are deemed to present themselves at the PADA run by
Forum réfugiés – Cosi to be registered before submitting their claim. They encounter the same difficulties
in terms of accommodation to the conditions in Paris.
Dublin returnees further face important obstacles in accessing reception centres; i.e. they face the samedifficulties as all asylum seekers in France in securing housing. This is due to the fact that there isapproximately a 50% gap of available places, as further explained in Conditions in reception facilities.

3. Admissibility procedure
3.1. General (scope, criteria, time limits)
The law provides OFPRA, as opposed to the Prefectures in Dublin cases, with the possibility to decideon the admissibility of asylum applications lodged before it.235
Claims are deemed inadmissible in the following cases:(a) The asylum seeker already benefits from an effective international protection status (refugee
status or subsidiary protection) in another EU Member State;(b) The asylum seeker has already been granted refugee status and benefits from an effective
protection in another third country and he or she can effectively be readmitted there; or(c) New facts and elements presented to introduce a subsequent application are deemed inadequate
by OFPRA.
The applicability of these grounds may be discovered by OFPRA upon registration or later, during theinterview or during investigations post-interview. However, there is a specific time limit in the case of
Subsequent Applications: a preliminary examination of their admissibility has to be conducted within 8days of registration.236
The possibility to determine a claim inadmissible also applies to claims introduced at the border or in
detention centres.
OFPRA never takes decisions confirming admissibility; only inadmissibility decisions. Decisions have to
be motivated and notified in writing to the asylum seeker within 1 month after the claim has been
introduced or, if grounded on elements revealed during the interview, within 1 month after the interview.
However, the law sets no consequence in case those time-limits are not complied with by OFPRA. As amatter of fact, they are very unevenly implemented in practice.
The notification of the decision includes procedural aspects and delays to introduce an appeal to the
CNDA to challenge the inadmissibility decision.

235
236

Article L.723-11 Ceseda.
Article R.723-16 Ceseda.

59

In 2019, OFPRA took 9,800 inadmissibility decisions, out of which 7,750 concerned subsequent
applications.237 The other 2,050 inadmissibility decisions concerned asylum seekers who already enjoyedinternational protection in an EU Member State or refugee status in a third country, thus marking asignificant increase of inadmissibility decisions in such cases. By way of comparison, in 2017 only 214
inadmissibility decisions were issued concerning asylum seekers who already enjoyed international
protection in an EU Member State or refugee status in a third country. 238 More recent figures on thenumber of inadmissibility decisions are not available.

3.2. Personal interview
Indicators: Admissibility Procedure: Personal Interview
Same as regular procedure
1. Is a personal interview of the asylum seeker in most cases conducted in practice in theadmissibility procedure?
YesNo❖ If so, are questions limited to identity, nationality, travel route?
Yes
No❖ If so, are interpreters available in practice, for interviews?
YesNo
2. Are interviews conducted through video conferencing?

Frequently

RarelyNever

Asylum seekers whose claim is deemed inadmissible on ground of the existence of an international
protection in an EU Member State or refugee status in a third country, are invited to a personal interview.
The interview in the case of Subsequent Applications, which represent the largest part of inadmissibility
cases, is not required by law. In 2019, 13% of inadmissibility decisions regarding subsequent applications
were taken following an interview with the asylum seeker.239

3.3.

AppealIndicators: Admissibility Procedure: Appeal
Same as regular procedure

1. Does the law provide for an appeal against an inadmissibility decision?
Yes
No❖ If yes, is it
Judicial
Administrative❖ If yes, is it automatically suspensive
Yes
Some grounds
No
There is a 1-month time limit for introducing an appeal before the CNDA.
The appeal is not suspensive in inadmissibility cases based on the existence of an international protection
in an EU Member State or refugee status in a third country.240 However, the appeal is not automaticallysuspensive in inadmissibility cases concerning subsequent applications. 241 Similarly to the Accelerated
Procedure: Appeal, it is examined by a single judge at the CNDA within 5 weeks.
In cases of a negative decision in detention or at the border, specific procedures are applicable.

237
238
239
240
241

OFPRA, Activity report 2019, 58.
OFPRA, 2017 Activity report, 52.
OFPRA, Activity report 2019, page 58
Article L.743-2 Ceseda.
Articles L 743-2 et L 743-3 Ceseda60

3.4. Legal assistance
Indicators: Admissibility Procedure: Legal AssistanceSame as regular procedure
1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficultyNo❖ Does free legal assistance cover:Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against an inadmissibility
decision in practice?
Yes
With difficultyNo❖ Does free legal assistance coverRepresentation in courts
Legal advice

The automatic right to legal aid at second instance (see Regular Procedure: Legal Assistance) is also
applicable to inadmissible claims.

4. Border procedure (border and transit zones)
4.1. General (scope, time limits)
Indicators: Border Procedure: General
1. Do border authorities receive written instructions on the referral of asylum seekers to thecompetent authorities?
Yes
No
2. Where is the border procedure mostly carried out?

Air borderLand borderSea border

3. Can an application made at the border be examined in substance during a border procedure?
Yes
No
4. Is there a maximum time limit for a first instance decision laid down in the law?
Yes
No
❖ If yes, what is the maximum time limit?242
2 working days
5. Is the asylum seeker considered to have entered the national territory during the borderprocedure?
YesNo

A specific border procedure to request an admission into the country on asylum grounds is provided by
French legislation,243 for persons arriving on French territory through airports, harbours or international
train stations. This procedure is separate from the asylum procedure on French territory, insofar as it
examines entry into the territory to seek asylum rather than the asylum application itself. 244
Legal framework
The border procedure is governed by Article R.213-2 Ceseda:“When a foreign national who has arrived at the border applies for asylum, they are immediately
informed, in a language they can reasonably be considered to understand, of the asylum
application procedure, their rights and obligations over the course of this procedure, the potential
consequences of any failure to meet these obligations or any refusal to cooperate with theauthorities, and the measures available to help them present their request.”

242
243
244

Deadline for OFPRA to send an opinion to the Ministry of Interior.
Article L.213-8 Ceseda.
OFPRA, ‘Demander l’asile à la frontière’, 20 April 2016, available in French at: http://bit.ly/2D1RcpL.

61

As soon as asylum seekers apply for asylum after being refused entry into the territory, they are directed
to a waiting zone. Article L.221-4 Ceseda provides that:“[F]oreign nationals held in waiting zones are informed, as soon as possible, that they may request
the assistance of an interpreter and/or a doctor, talk to a counsel or any other person of theirchoice, and leave the waiting zone at any point for any destination outside of France. They arealso informed of their rights pertaining to their asylum claim. This information is communicated ina language the person understands.”
Grounds for applying the border procedure
French law foresees a specific procedure for persons held in waiting zones after arriving in train stations,
port or airports. Rather than an examination of the asylum claim itself, this procedure concerns the
person’s admission to the territory for the purpose of seeking asylum (“admission au territoire au titre del’asile”). Access to the territory is granted if:(a) France is responsible for the claim under the Dublin Regulation;(b) the claim is admissible;and (c) the claim is not manifestly unfounded. 245
The law defines “manifestly unfounded” claims as follows: “A claim is manifestly unfounded when
considering the foreign national’s statements and documentation it is manifestly irrelevant (manifestement
dénuée de pertinence) as far as asylum criterion or manifestly lacking credibility (manifestement dépourvu
de toute crédibilité) regarding the risk of persecutions or severe violations.” 246
In theory, the asylum grounds and the merit of the application should thus not be examined by the OFPRA,
as these must be assessed only once the applicant is granted access to the territory and is channelled
into the regular procedure. However, in practice, the assessment usually covers the verification of thecredibility of the account; interview reports contain comments on stereotypical, imprecise or incoherent
accounts on matters such as the sexual orientation of the applicant, with a lack of written proof. This
practice of de facto examining the request on the merits is extremely problematic.
It should be noted that the asylum applicant is not considered as being on French territory as long as the
airport procedure is pending, i.e. there is a ‘fiction of non-entry’ that applies as long as entry to the territory
has not been explicitly granted.
Dublin III in the border procedure
The OFPRA can only issue a negative opinion on admission to the territory for asylum purposes in casethe application is inadmissible or manifestly unfounded. OFPRA is not competent to assess and apply the
Dublin Regulation, which is the third ground for refusal of admission to the territory on asylum grounds.
This competence lies entirely with the Ministry of Interior and such a refusal is issued where there isevidence that the applicant has family ties, documentation from another country or has applied for asylum
in another country.247 In case elements are submitted by the applicant during the interview with OFPRA
that are relevant to the application of the Dublin Regulation, OFPRA issues its opinion to the Ministry ofInterior without basing itself on the Dublin-related aspects.248
The Ministry of Interior reported that the Dublin procedure had been applied in 11 cases in 2019, in twocases in 2019, and in one case in 2020 as of the end of September 2020. However, none of the persons
where actually transferred to the responsible Member State. This is due to various reasons such as the
245
246
247
248

Article L.213-8-1 Ceseda.
Article L.213-8-1 Ceseda.
Information provided by OFPRA, Fontenay-sous-Bois, 24 April 2018.
Information provided by OFPRA, 24 April 2018.

62

suspension of the decision of transfer by the administrative court; the person was released from detention
by the liberty judge prior to the transfer; the applicable time limits for the transfer were not met; or cases
where the person refused to embark.249
Authorities involved in the border procedure
The first authority involved in the border procedure is the Border Police (‘Police aux frontieres’), which is
responsible for border management and apprehending individuals at the border. Thus, it is usually the
first authority with whom applicants are in contact. The Border Police conducts a first interview upon arrival
to collect basic identification information, based on which the OFRPA will prepare its interview. The
asylum application must be taken into account and the Border Police has to make a statement detailingthe request for admission on the basis of an asylum claim. As mentioned in Access to the Territory,
however, cases documented in waiting zones such as Beauvais suggest that the Border Police does notalways comply with this obligation.
The examination and decision on asylum claims made at the border lie with the OFPRA. Initially fallingunder the responsibility of the Ministry of Europe and Foreign Affairs, the border procedure has beentransferred to the OFPRA in July 2004. As mentioned under Number of staff and nature of the determining
authority, OPFRA is one of the few asylum authorities in Europe which has established a Unit dedicatedto the border procedure. It is entitled the “asylum at the border” Unit and is thus responsible for claims
made in waiting zones.250 In 2018, the Border Unit of OFPRA was comprised of three Protection Officers,
one Secretary and one Head of Division. 251 The Border Unit is responsible for determining whether aperson should be granted access to the territory for the purpose of the asylum procedure. To that end, it
issues a binding opinion to the Ministry of Interior allowing or refusing entry. The Ministry latter is theauthority officially issuing the decision, and it can only refuse entry to the territory despite a positive opinion
from the OFPRA in case there is a threat to public order.252 Whereas the assessment of admissibility andmanifest unfoundedness of an application made at the border are within the remit of the Border Unit of
OFPRA, the application of the Dublin Regulation is examined by the Ministry of Interior.
The Ministry of Interior is also the authority responsible for the placement of foreign nationals in the waiting
zone, under the supervision of the liberties and detention judge (juge des libertés et de la détention’JLD).253
Administrative Tribunals (Tribunal administratif) are responsible for the appeals lodged against decisions
rejecting the access to the territory as well as the placement into waiting zones.254 An onward appeal
against the decision of the Tribunal administratif can further be lodged in front of Administrative Courts(Cour administrative d’appel).255
The competent administrative authority for delimiting waiting zones is the Prefect of the département andin Paris, the Chief of Police (Préfet de Police). The decision to hold a foreign national in the waiting zone,
which must be justified in writing, is taken by the Head of the National Police service or the Customs andBorder Police, or by a civil servant designated by them.

249
250

251

252
253
254
255

Information provided by the Ministry of Interior, 21 October 2020.
ECRE/AIDA, Asylum authorities: an overview of internal structures and available resources,
November 2019, available at: https://bit.ly/3peHrYq, 10.
ECRE/AIDA, Access to asylum and detention at France’s borders, June 2018, available at:https://bit.ly/3jEbV53, 20.
Article L. 213-8- 1 CESEDA
Article L.222-1 and L.222-4 CESEDA.
L.213-9 CESEDA.
L.213-9(9) CESEDA.

63

Location of the border procedure
There are 32 waiting zones in mainland France. Most of the activities take place at the Roissy Charlesde Gaulle (CDG) airport. Moreover, waiting zones can be extended to within 10km from a border crossing
point, when it is found that a group of at least 10 foreigners just crossed the border. The group of 10 canhave been identified at the same location or various locations within the 10km area. This exceptional
extended waiting zone can be maintained for a maximum of 26 days.256
Waiting zones are located between the arrival and departure points and passport control. The law
provides that they may include, within or close to the station, port or airport, or next to an arrival area, one
or several places for accommodation, offering hotel-type facilities to the foreign nationals concerned. In
some areas such as Roissy or Marseille, the waiting zone is a facility separate from the airport, meaningthat the asylum seeker is transported there to follow the procedure (see section on Place of Detention).
While there are several waiting zones in France, the one in Roissy – Charles de Gaulle Airport of Paris,is by far the main point of activity in the country, followed by the Orly airport, also located in Paris.
2015

2016

79.2%

2017

82.5%

Roissy

2018

75.7%

83.1%

Orly

2019

70.4%

Province and Overseas France

Source: OFPRA, Annual reports, available at: https://bit.ly/2Nfwnx9.

Since 2015, around 70% to 80% of all applications made at the border were made at the Roissy airport.
Orly airport received around 10% to 12% of all applicants during that same period. A slight increase in
the number of applications made at the border in Overseas France has been noted in 2018 and 2019,
mainly due to arrival of several ships from Sri Lanka and Indonesia to the Réunion Island. 257 More recent
statistics were not available at the time of writing of this report.
Time limits in the border procedure
There is no strict deadline to apply for asylum when applicants are waiting for their admission at the borderand are placed in waiting zones. From the time in which the application for international protection has
been made, the OPFRA has two working days to issue its opinion to the Ministry of the Interior.258
Average processing times of the OFPRA (in days)
Average processing
times

2015

2016

2017

2018

2019

1.58 days

2.43 days

3.39 days

2.74 days

3.5 days

Source: OFPRA, Information provided on 21 September 2020.
With the exception of 2015, the average processing time for the OFPRA to issue its decisions at theborder has consistently exceeded the time limit of two days laid down in national law, reaching up to 3.5
days in 2019. Available figures further indicate that a relatively important amount of cases are not being

256
257
258

Article L.221-2 Ceseda.
OFPRA, Annual reports, available at: https://bit.ly/2Nfwnx9.
Article R.213-5 CESEDA.

64

examined by the OFPRA within four days, thus largely exceeding the two days time limit laid down in law.
In 2019, this represented 28.5% of the cases, a large increased compared to 2018 (17%) and a figurethat is comparable to the year 2017 (28% of the cases). 259 More recent statistics were not available at thetime of writing of this report.
Nevertheless, national law does not foresee any time limit for the Ministry of Interior to issue its decision
based on the binding opinion of the OFPRA. This means that applicant can theoretically be held in waitingzones for several days, up until a formal decision of the Ministry of Interior has been issued. Practicesuggests, however, that the Ministry of Interior issues its decision within the same day. Moreover, there
have been no cases in which the decision took longer than the 4 weeks timeframe foreseen by Article
43(2) of the recast Asylum Procedures Directive.260 For the applicable time limits regarding the placement
in waiting zones.
The person may apply for asylum at any time during the time he or she is held in the waiting zone, meaning
during an initial period of 4 days which can reach a maximum of 20 days. 261 Exceptionally, if a person
held in a waiting zone makes an asylum application after the 14th day, the law foresees the possibility ofa further extension of detention for six more days following the submission of the asylum application, witha view to allowing the authorities to conduct the asylum procedure. 262 Therefore detention in the waitingzone can reach 26 days if the person applies for asylum on the 20th day of detention.
Number of border procedures
The number of asylum claims made at the border has increased in recent years as follows.
Applications for international portection in 2015-2019
138.420128.790114.200
93.70073.499

927

953

1.270

1.444

2.050

2015

2016

2017

2018

2019

Total number of applications

Number of applications lodged at the border

Source: Ministry of Interior, Statistics on asylum, available in French at: https://bit.ly/327L8pk; OFPRA, Information
shared on 21 September 2020.

The number of applications made at the border has doubled from around 900 applications in 2015 to morethan 2,000 applications in 2019. This is still far below the record number of 5,100 applications registeredat the border in 2008,263 after which numbers dropped significantly. When comparing these figures with

259
260
261
262
263

OFPRA, Annual reports, available at: https://bit.ly/2Nfwnx9.
OFPRA, Information provided on 21 September 2020.
Articles L.221-3 and L.222-2 Ceseda.
Article L.222-2 Ceseda.
OFRA, Annual Report 2008, 2009, available in French at: https://bit.ly/3tMGEBy, 26.

65the total number of applications, they represent a very small fraction of the caseload before the OFPRA.
In 2019, the number of applications lodged at the border represented only 1.4% of the total caseload. Thismeans that the vast majority of applications for international protection are lodged on French territory.
Statistics on the year 2020 were not available at the time of writing of this report.
The main nationalities applying at the border from 2017 to 2019 were as follows:
Asylum applicants at the border by nationality
1 Jan – 31 Dec 2017

1 Jan – 31 Dec 2018

1 Jan – 31 Dec 2019

Sri Lanka

120

Morocco140

Sri-Lanka

289

Algeria

103

Turkey131

Turkey246

Turkey

99

DRC

120

Morocco

180

DRC

70

Sri Lanka

107

DRC

123

Albania

63

Cuba

90

Iran

76

Others725

Others856

Others

1,136

Total

1,180

Total

1,444

Total

2,050

Source: OFPRA.

Decisions issued in border procedures
A person’s access to the territory in the context of the border procedure can thus be either accepted or
refused.
• If the Border Unit of the OFPRA considers that the application for international protection is not
manifestly unfounded nor inadmissible, and if France is deemed responsible for the asylum claim
under the Dublin III Regulation, the Ministry of Interior is bound to grant entry to French territory. One
exception applies in case where there is a threat to national security. 264 While the Ministry of Interior
regularly assesses this risk, no cases of refusal of entry on this ground have been reported so far.
The asylum applicant will be given an 8-day temporary visa. Within this time frame, upon request fromthe asylum seeker, the competent Prefectures provides an asylum application certification which allow
for the lodging of the application. The OFPRA then processes the asylum claim as any otherapplication for international protection that is lodged on the territory.
•

If OFPRA considers that the application for international protection is manifestly unfounded or
inadmissible, or if another country is deemed responsible under the Dublin III Regulation, the Ministryof Interior refuses to grant entry to the foreigner based on a motivated decision. The person can lodge
an appeal against this decision before the Administrative Court within a 48-hour deadline. If thisappeal fails, the foreigner can be returned to his or her country of origin. However, individuals refusedentry benefit from a so-called “full day” (jour franc), which protects them from removal for one day. In
the case of adults, this right must be requested, whereas under the law unaccompanied children
cannot be removed before the expiry of the jour franc unless they specifically waive it.265 The jourfranc is no longer guaranteed in Mayotte and at land borders since September 2018, however. 266

In France, only a minority of applicants are effectively granted access to the territory. This concerned
20.4% of applicants in 2016, 26.6% of applicants in 2017, 39.5% of applicants in 2018, and 40.5% of
applicants in 2019:267

264
265
266
267

Article L. 213-8-1 CESEDA.
Article L.213-2 CESEDA.
Article L.213-2 CESEDA, as amended by Article 18 Law n. 2018-778 of 10 September 2018
OFPRA, Annual reports, available at: https://bit.ly/2Nfwnx9.

66

Decisions in border procedures

757
311

520

232

183

659

719

869

811

2015

2016

2017

2018

Inadmissibility decisions

1.117

2019

Admission to the territory

This means that, since 2015, most applicants were refused access to French territory. These figures seemto point to the significant difficulties facing persons applying for protection at the border. So far, OFPRA
has not issued opinions opposing admission to the territory on grounds of inadmissibility. The number ofrefusals of admission based on the Dublin Regulation are very limited. More recent information or statistics
was not available at the time of writing of this report.

4.2. Personal interview
Indicators: Border Procedure: Personal Interview
Same as regular procedure
1. Is a personal interview of the asylum seeker in most cases conducted in practice in the borderprocedure?
YesNo❖ If so, are questions limited to nationality, identity, travel route?
Yes
No❖ If so, are interpreters available in practice, for interviews?
YesNo
2. Are interviews conducted through video conferencing?

Frequently

RarelyNever

Individuals apprehended at airports are first interviewed by the Border Police, which drafts a report(procès-verbal) collecting basic information relating to the identity of the applicant. In practice, there havebeen cases where the Border Police has asked questions relating to the merits of the application forinternational protection or cases where it indicated to the applicant that his/her asylum claim had low
chances of success.268 This is not documented in the reports of the Border Police, however, as it would
be ruled against by Administrative Courts as a ground for annulment of the decision.oral questions going
beyond the collection basic information, i.e. questions relating to the merits of the asylum claim. 269
As regards interviews with the OFPRA, the border procedure is very different from the asylum procedureon the territory. All asylum seekers subject to a border procedure are interviewed by a dedicated “BorderUnit” of OFPRA which provides the Ministry of Interior with a binding opinion on whether their application
is well-founded or not. The interview should take place within the next half-a day (‘au cours de la demijournée’) following the notification, although a minimum time limit of four hours must pass between the
notification and the interview. This minimum waiting time of four hours can be waived if a third-party isavailable earlier or if the applicant so requests. OFPRA delivers its opinion to the Ministry within 2 working

268
269

Information provided by Anafé, 17 September 2019.
Information provided by Anafé, 17 September 2020.

67

days after the intention to apply for asylum has been recorded. In order to substantiate its decision,
OFPRA conducts an interview with the person.
The law provides the same provisions on interviews in the border procedure as in the regular procedure: 270- If the interview of the asylum seeker requires the assistance of an interpreter, it is paid for by theState;- An asylum seeker introducing a claim at the border can be accompanied by a third person during
his or her interview with OFPRA;- At the end of the interview, the asylum seeker and the third person, if applicable, are informed of
their right to have access to a copy of the interview;- An audio recording of the interview is also conducted; and- There is a possibility for the interview to be conducted by video conferencing.
Remote interviews
Videoconferencing and phones are often used in interviews during the border procedure as opposed to
the regular procedure. Roissy CDG airport, where the majority of border procedures take place, is the
only waiting zone where the OFPRA Border Unit interviews the asylum seeker in person.271 The interviewsin Orly, Marseille and Lyon are conducted by videoconference and interviews of all other borderprocedures are done by phone.272 When videoconferencing is used, it almost always runs into technicalproblems, as a result of which the interview is then carried out by phone.273 This has led the Administrative
Court of Marseille to invoke procedural irregularities and annull decisions refusing admission to theterritory for the purpose of seeking asylum where the interview with OFPRA has been conducted by phonerather than videoconference.274
The use of phones is also reported as very problematic in practice. This includes technical problems anddifficulties to follow the interview; important quality gaps resulting from simultaneous telephoneinterpretation; as well as the fact that, where a third party is present, the phone has to be shared between
the applicant and the NGO and/or legal representative. 275
Another important concern raised in practice relates to issues of confidentiality. Remote interviews are
sometimes carried out in inadequate rooms where other persons may be present or where there is adisturbing background noise.276 In Orly for example, the interview is held in a common room where otherpeople are held and where other police staff maybe present. Moreover, the interview room is notsoundproof and is placed next to an office of the border police, as a result of which background noisefrom police officers may disrupt the interview. 277
Remote interviews further create difficulties to share and submit documentary evidence. There have beencases where asylum applicants were not able to share evidence they had in their possession, or only
partially on video when videoconference is used. There are no other tools such as fax or scanners
available to submit these documents.278

270
271
272
273

274

275
276
277
278

Article R.213-4 Ceseda.
Information provided by Anafé, 17 September 2020.
Information provided by OFPRA, 21 September 2020.
Information provided by OFPRA, 24 April 2018 ; Information provided by Anafé, 17 September
2020.
See e.g. Administrative Court of Marseille, Decision No 1704059, 7 June 2017; No 1704319, 16
June 2017. Contrast with Decision No 1706792, 3 October 2017, where the Court found noprocedural irregularities
Information provided by Anafé, 17 September 2020.
Information provided by Anafé, 17 September 2020.
Information provided by Anafé, 17 September 2020.
Information provided by Anafé, 17 September 2020.

68Interpretation
Issues with regard to interpretation have been reported in the context of the initial interview, which iscarried out with the Border Police at the very start of the procedure. In Beauvais, for example, in theabsence of professional interpretation services, the Border Police has resorted to interpretation by fellow
police officers, air carrier personnel or even passengers in some cases.279
As for the interviews with the OFPRA, they must be carried out in the presence of an interpreter, unlessthe interview can be carried out in French. In practice, interpretation in interviews is available for 40
languages and is readily available through the Inter Service Migrants (ISM) by phone or videoconference.
In the last years, interpretation was used in the majority of cases, reaching up to 89% of all cases in 2019,
compared to 82.3% in 2018, 77.8% in 2017 and 72.3% in 2016. 280
Nevertheless, when carried out remotely, the quality of the interpretation services seems to raise
concerns. According to organisations assisting asylum seekers, remote interview and interpretation proveparticularly challenging for the individual as he or she is often interrupted by the Protection Officer, whois typing notes at the same time.281 (UNHCR guidance also recommend in person)
Another issue relates to confidentiality. There have been cases where the background noise indicatedthat the interpreter was in a train station while the interview was ongoing; or in a parc surrounded bychildren.282
According to organisations assisting asylum seekers, remote interview and interpretation proveparticularly challenging for the individual as he or she is often interrupted by the protection officer, who istyping notes at the same time. In Nice, the interview report is read out to the applicant without beingtranslated and does not mention whether the applicant was interrupted in the course of the interview. 283
Accompaniment by a third party
Since 2015, the law foresees the possibility for asylum applicants to be assisted during the interview by athird-party, namely a member of an accredited civil society organisation or a legal representative. 284 The
list of NGOs accredited to send representatives to access the waiting zones, established by order of the
Ministry of the Interior was last revised in May 2018 and is valid until June 2021. It includes 10organisations.285 As regards specifically the waiting zone at Roissy CDG, the Red Cross has permanent
presence and Anafé is present certain hours every week. In other waiting zones, Anafé and certain otherNGOs may be reached at certain hours via phone (‘permanences téléphoniques’).286
This possibility is rarely used in practice, however. Only 7.5% of all applicants were accompanied by athird party in 2019, compared to 6.9% in 2018 and 4.1% in 2017. 287 In 2019, only 7 interviews wereattended by an NGO representative. 288 This means that over 90% of interviews were carried out without

279

280
281
282
283
284
285

286
287
288

ECRE/AIDA, Access to asylum and detention at France’s borders, June 2018, available at:https://bit.ly/3jEbV53, 20.
OFPRA, Annual reports, available at: https://bit.ly/2Nfwnx9.
Information provided by La Cimade, 26 April 2018.
Information provided by Anafé, 17 September 2020
ECRE, Access to asylum and detention at France’s borders, June 2018, 21.
Article L. 213-8-1 du CESEDA.
Ministry of Interior, Arrêté du 29 mai 2018 fixant la liste des associations humanitaires habilitées à
proposer des représentants en vue d'accéder en zone d'attente, 2018, available in French at :https://bit.ly/3aZlO9q.
Information provided by OFPRA, 21 September 2020.
OFPRA, Annual reports, available at: https://bit.ly/2Nfwnx9.
Information provided by OFPRA, 21 September 2020.

69

a third party being present from 2017 to 2019. More recent statistics on the year 2020 were not available
at the time of writing of this report.
The limited use of this guarantee could be due to a lack of awareness on the part of asylum seekers,
despite the fact that information sheets to that effect are available in the waiting zones, as well as theshortage in capacity of NGOs such as Anafé which have no permanent presence in the zones. 289 The
interview may further take place only a couple of hours after the application has been made, thus
rendering the availability of NGOs within that short time frame extremely difficult. Available figures indicate
that, when a third-party is present, it is usually a legal representative rather than an NGO. 290

4.3. Appeal
Indicators: Border Procedure: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the border procedure?
YesNo❖ If yes, is it
Judicial
Administrative❖ If yes, is it suspensive
Yes
Some grounds
No
When the request for entry for reasons of asylum made at the border is rejected, the person is refused
admission into French territory. The asylum seeker can introduce an appeal to challenge this decision
before the Administrative Court.
Before the Administrative Court, the applicant can contest the refusal of admission into the French territory
within 48 hours. The appeal has suspensive effct. The Administrative Court must decide within 72
hours.291
The decision of this Administrative Court can be challenged within 15 days before the President of thecompetent Administrative Court of Appeal, but this appeal does not have suspensive effect.
Based on “considerations of the proper application of justice”, the Council of State assigns the case to the
Administrative Court that is closest to the concerned waiting zone, 292 and no longer to the Administrative
Court of Paris only, as was previously the case.
Anafé has denounced the illusory nature of the effectiveness of this suspensive appeal.293 In practicefollowing obstacles occur in this regard: the asylum seeker has very few resources to write such an appeal
on his own; the request must be lodged with the competent court within 48 hours of notification of thedecision of the Minister of the Interior, without possible extension on weekends; the appeal must be written
in French and sufficiently motivated in fact and in law (otherwise, the appeal can be rejected without ahearing). These difficulties persisted in 2020.
In France, the success rate of appeals in border procedures was 33% in 2019. 294 This is a slight increaseon previous years (18% in 2018; 24% in 2017; 15% in 2016; and 11% in 2015), but the majority of appeals
are rejected.

289
290

291
292
293

294

Ibid, 22.
In 2018 for example, out of the 93 interviews conducted in the presence of a third-party, 90interviews were carried out with a legal representative and only 3 of them in the presence of anNGO. OFPRA, Annual Report 2018, 2019, available at : https://bit.ly/374HC2q, 25.
Article L.213-9 Ceseda.
Article R.351-8 CJA.
ANAFE, Privation de liberté en zone d’attente, les détenus face à la justice, 2017, available inFrench at : https://bit.ly/30RbYkt.
Information provided by the French Ministry of Interior, 21 October 2020.

70

Appeals in border procedures

481
358

380

342

372

40
2015

58

82

69

2016

2017

2018

Appeal accepted

158
2019

Appeal rejected

Source: OFPRA.

4.4. Legal assistance
Indicators: Border Procedure: Legal AssistanceSame as regular procedure
1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficultyNo❖ Does free legal assistance cover:Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a negative decisionin practice?
Yes
With difficultyNo❖ Does free legal assistance cover:Representation in interview
Legal advice
There is no permanent legal adviser or NGO presence in the waiting zones; only Anafé is occasionallypresent in Roissy CDG Airport. Asylum seekers must therefore try to get hold of an adviser by phonefrom the waiting zone. Many concerns have been raised about effective access to a telephone, as well as
outdated lists of lawyers available in different waiting zones.
A third person (lawyer or representative of an accredited NGO) can be present during the OFPRA
interview;295 and legal representatives shall be present for unaccompanied children. As stated in Border
Procedure: Personal Interview, however, this possibility is rarely used in the border procedure.
Contrary to appeal procedures before the CNDA (see Regular Procedure: Legal Assistance) where theasylum seeker can request ipso jure legal aid, before the Administrative Court, asylum seekers can beassisted by an appointed lawyer on the basis of “genuine right to legal aid”. They can ask for this support
at any stage of the procedure including on the day of the hearing before the Administrative Court.
Asylum seekers can request to be assisted by a court appointed lawyer during their hearing before the
JLD who is competent to rule on the extension of their stay in the waiting zone (see Judicial Review of
the Detention Order). In theory, the asylum seeker should have hired one previously at his or her own
expense, or prepared a sufficiently well-argued request in French by him or herself, in terms of facts and295

Article L.213-8-1 Ceseda.

71

points of law. This is another illusory measure that does not guarantee the asylum seeker access to aneffective remedy, even though they have access to court-appointed lawyers if necessary.296
Anafé denounces the fact that these cases are handled in haste by the court-appointed lawyers. Indeed,
due to the urgency of the appeal and to the functioning of the administrative courts, the court-appointed
lawyers in reality only have access to all the elements of the case once they meet the asylum seeker at
the court, meaning in the best case scenario one hour before the start of the hearing. Under these
conditions, it is difficult for the lawyer to know the story of the person held in the waiting zone and toprovide a good appeal.297

5. Accelerated procedure
5.1. General (scope, grounds for accelerated procedures, time limits)
The reasons for channelling an asylum seeker into an accelerated procedure are outlined in Article L.7232 Ceseda which lists 10 grounds.
The accelerated procedure is automatically applied where:
a. The applicant originates from a Safe Country of Origin; orb. The applicant’s Subsequent Application is not inadmissible.
The asylum claim will be channelled under the accelerated procedure, where the Prefecture has reported
that:c. The asylum seeker refuses to be fingerprinted;
d. When registering his or her claim, the asylum seeker has presented falsified identity or travel
documents, or provided with wrong information on his or her nationality or on his or her conditionsof entry on the French territory or has introduced several asylum claims under different identities;e. The claim has not been registered within 90 days after the foreign national has entered the French
territory;298
f. The claim has only been made to prevent a notified or imminent removal order; org. The presence of the foreign national in France constitutes a serious threat to public order, public
safety or national security.
In the abovementioned cases, it is the Prefecture that decides to channel related claims under theaccelerated procedure. In that case, the asylum claim certification specifically mentions that the asylum
seeker is placed under accelerated procedure. The ground for applying the accelerated procedure is
specified in an additional document given to the applicant together with the certification. Asylum seekers
under accelerated procedure have to send the asylum claim form to OFPRA within 21 days to lodge theirapplications, as is the case with asylum seekers under the regular procedure.
While processing an asylum claim, OFPRA also has the competence to channel a claim under anaccelerated procedure where:
a. The asylum seeker has provided falsified identity or travel documents, or wrong information on
his or her nationality or on his or her conditions of entry on the French territory or has introduced
several asylum claims under different identities;b. The asylum seeker has supported his or her claim only with irrelevant questions regarding his or
her claim; orc. The asylum seeker has given manifestly contradictory and incoherent or manifestly wrong or lesslikely statements that are contradictory to country of origin information.

296

297
298

See also OEE, Rapport d’observation « Une procédure en trompe l'oeil » Les entraves à l'accès
au recours effectif pour les étrangers privés de liberté en France, May 2014.
Anafé, Voyage au centre des zones d’attente, November 2016, 53.
Prior to the 2018 reform, this time limit was 120 days.

72

In any of the abovementioned cases, OFPRA can decide not to process a claim under accelerated
procedure when this is deemed necessary, in particular when an asylum seeker originating from a country
listed on the safe country of origin list calls upon serious grounds to believe that his or her country of origin
might not be safe considering his or her particular situation. 299 In addition, OFPRA may decide not toprocess under the accelerated procedure claims of vulnerable applicants. In 2019, OFPRA rechannelled
206 cases into the regular procedure out of a total of 40,677 cases processed in the accelerated
procedure, compared to 24 cases out of 37,759 in 2018 and 63 cases in 2017. On the other hand, OFPRA
rechannelled 1,384 cases from to the regular to the accelerated procedure in 2019,300 compared to 1,110
in 2018.301 Statistics on the year 2020 were not available at the time of writing.
Similarly to the regular procedure, OFPRA is the determining authority competent for accelerated
procedures. Its decisions should in theory be made within 15 calendar days. 302 This period is reduced to
96 hours if the asylum seeker is held in administrative detention.303 There is no specific consequence if
the Office does not comply with these time limits. In practice, some stakeholders assisting asylum seekers
have reported that some of them under the accelerated procedure have waited more than 15 days before
receiving the decision from OFPRA.304
The average time for the examination of first asylum requests in the accelerated procedure was 98 daysin 2016, 84 in 2018 and 72 in 2019 (no data for 2017).305
According to Ministry of Interior statistics, 50,750 asylum applications were filed in accelerated proceduresat the end of 2019, representing 33% of all caseloads. 306 Statistics on the year 2020 in this regard was
not available at the time of writing of this report.

5.2. Personal interview
Indicators: Accelerated Procedure: Personal Interview
Same as regular procedure
1. Is a personal interview of the asylum seeker in most cases conducted in practice in theaccelerated procedure?
YesNo❖ If so, are questions limited to nationality, identity, travel route?
Yes
No❖ If so, are interpreters available in practice, for interviews?
YesNo
2. Are interviews conducted through video conferencing?

Frequently

RarelyNever

Interviews of asylum seekers channelled into an accelerated procedure take place under the same
conditions as interviews in a regular procedure (see Regular Procedure: Personal Interview). All personal
interviews are conducted by OFPRA.
The same grounds for omission apply, except for asylum seekers channelled into an accelerated
procedure for reasons of a Subsequent Application. No specific statistics are available for the rate ofinterviews conducted in the accelerated procedure.
299
300
301
302

303
304

305
306

Article L.723-2(5) Ceseda.
OFPRA, Activity report 2019, 22
OFPRA, 2018 Activity report, 21.
Article R.723-3 Ceseda. Delays are even shorter (96 hours) for persons held in administrative
detention centres and in waiting zone.
Article R.723-4 Ceseda.
This information has been collected by Forum réfugiés – Cosi social workers in Lyon, ClermontFerrand and Marseille but also by other NGOs in Paris and its surroundings, Bretagne,
Charentes-Maritimes, Somme or Lorraine.
OFPRA, Activity reports 2016, 2018, 2019, available at: https://bit.ly/2Nfwnx9.
Ministry of Interior, Chiffres clés – les demandes d’asile, 21 January 2020.

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5.3. Appeal
Indicators: Accelerated Procedure: Appeal
Same as regular procedure
1. Does the law provide for an appeal against the decision in the accelerated procedure?
YesNo❖ If yes, is it
Judicial
Administrative❖ If yes, is it suspensive
Yes
Some grounds
No
Persons channelled into an accelerated procedure must appeal within the same time period: 1 monthafter the negative decision. The main difference is that in accelerated procedure the decision has to begiven by a single judge within 5 weeks.
As the preparation of these appeals is hardly supported by NGOs and given that assistance to draft theappeal is no longer in the mandate of the orientation platforms, asylum seekers may not be aware ofthese deadlines and face serious difficulties in drafting a well-argued appeal. They can nonetheless lodgea request to benefit from legal aid (aide juridictionnelle).
Appeals in the accelerated procedure have automatic suspensive effect, except for those based on: (a)safe country of origin; (b) subsequent application; and (c) threat to public order. 307 These exceptions wereadded by the 2018 asylum reform and entail a loss of the right to remain on the territory upon notificationof the negative decision. Asylum seekers can, however, appeal before the Administrative Court within 15
days – or 48 hours in case of detention – to request that the CNDA appeal be given suspensive effect.
The request to the Administrative Court has suspensive effect.308
The decision of OFPRA or of the Prefectures to channel an application under the accelerated procedure
cannot be challenged separately from the final negative decision on the asylum claim but it possible forthe applicant to request so to in the appeal against the negative decision. 309
In any case of placement under the accelerated procedure, including safe country of origin cases orsubsequent applications, it is always possible for the CNDA to channel an asylum seeker into the regularprocedure.310 In 2017, 207 cases under single-judge procedure were thus rechannelled into collegial
hearing by the CNDA.311 Figures were not made available since then.

5.4.

Legal assistance
Indicators: Accelerated Procedure: Legal AssistanceSame as regular procedure

1. Do asylum seekers have access to free legal assistance at first instance in practice?
Yes
With difficultyNo❖ Does free legal assistance cover:Representation in interview
Legal advice
2. Do asylum seekers have access to free legal assistance on appeal against a negative decisionin practice?
Yes
With difficultyNo❖ Does free legal assistance coverRepresentation in courts
Legal advice
307
308
309
310
311

Article L.743-2 Ceseda.
Article L.743-3 Ceseda.
Article L.723-2(6) Ceseda.
Article L.731-2 Ceseda.
CNDA, 2017 Activity report, 20.

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Asylum seekers channelled into an accelerated procedure have the same rights with regard to access to
assistance as those in a regular procedure. As they are entitled to the same reception conditions asasylum seekers under the regular procedure, the assistance they can hope for depends of their conditionsof reception.
However, asylum seekers whose claims are refused on the basis of safe country of origin, subsequent
application or threat to public order grounds may lose their right to reception conditions, and thus thepossibility of assistance, if suspensive effect is not granted for their appeal before the CNDA. 312
The right to legal assistance at the appeal stage before the CNDA is the same for asylum seekers underregular procedure and under accelerated procedure. However, the CNDA has to process appeals ofnegative decisions of claims under accelerated procedures within 5 weeks. This short timeframe might
prevent asylum seekers under accelerated procedure to prepare the case with the lawyers.

D. Guarantees for vulnerable groups
1. Identification
Indicators: Identification
1. Is there a specific identification mechanism in place to systematically identify vulnerable asylum
seekers?
Yes
For certain categories
No❖ If for certain categories, specify which: Objective vulnerabilities e.g. age, pregnancy,
Disability
2. Does the law provide for an identification mechanism for unaccompanied children?
Yes
No
Article L.744-6 Ceseda refers to the identification of vulnerability, in particular, of children, unaccompanied
children, disabled persons, the elderly, pregnant women, single parents with minor children, victims of
trafficking, persons with serious illness, persons with mental disorders, and victims of torture, rape andother forms of psychological, physical or sexual violence, such as victims of female genital mutilation.
The law does not refer to vulnerability on account of sexual orientation of gender identity, therefore this is
not taken into account by OFII either.

1.1. Screening of vulnerability
OFII is responsible for identifying vulnerabilities and special needs of asylum seekers. 313 In order to doso, OFII has to proceed, within a “reasonable” timeframe, to an evaluation of vulnerability. This evaluation,that concerns all asylum seekers, takes the form of an interview based on a questionnaire. 314 The
interview follows the registration of their claim in the Prefectures. The objective is thus to determine
whether the person has special reception and procedural needs. Any needs emerging or being revealed
later on during the asylum procedure are to be taken into account.
The assessment of vulnerability particularly concerns the categories listed in Article L. 744-6 Ceseda.
The assessment is carried out by OFII officers specifically trained on vulnerability assessments and in theidentification of special needs. However, the publication of the questionnaire designed for the vulnerability
312
313
314

Article L.744-9-1(2) Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.
Article L.744-6 Ceseda.
A copy of the questionnaire may be found at: http://goo.gl/o2CiuS.

75

assessment reveals that only objective vulnerability will be assessed during the interview with OFII uponregistration of the application at the GUDA.315 At that stage, no vulnerability linked to the asylum claim
shall be discussed. Therefore, the vulnerability assessment has had a limited impact on the early
identification of less visible vulnerabilities; e.g. in the case of victims of torture and of physical, mental orsexual violence as well as victims of human trafficking.
On 18 December 2020, a “national plan for the reception of asylum seekers and the integration of refugees
for 2021-2023" was published. It includes measures aimed at identifying vulnerabilities at an early stage
and strengthening the management of these vulnerabilities.316 This national plan mentions the publicationof an "action plan for the care of the most vulnerable asylum seekers and beneficiaries of protection" inJanuary 2021 in order to guide the actions carried out jointly by State services and operators for the
coming years”, but the latter was still not published at the time of writing of this report. It remains to be
seen to which extent it will actually improve the identification of specific vulnerabilities of asylum seekers.
317

During the interview with OFII, the asylum seeker is informed that he or she can benefit from a free medical
examination. Any information collected by OFII on the vulnerability of an applicant is sent to OFPRA, if
the applicant so agrees.
In practice, it has been reported on several occasions that such interviews are not always conducted by
OFII. It may happen that OFII indeed receives asylum seekers but does not interview them properly, or
conducts short interviews lasting 10-15 minutes, thus not allowing for an in-depth assessment of special
needs.318 The assessment of their vulnerability is, in most cases, based on a vulnerability assessment
form used by OFII officers. This situation has been widely reported by stakeholders regardless of theregion where they are present. Many of them have also reported the fact that the interview is notconducted with an interpreter. Indeed, the Prefectures do not have a pool of interpreters in situ. Many
local NGOs ask volunteering interpreters or fellow nationals for being present at the interview with theasylum seekers.
This lack of interview or of a proper interview is a persisting matter of concern. This interview is meant topropose reception conditions adapted to asylum seekers’ vulnerability. It may lead some asylum seekers
to be accommodated into centres that do not correspond to their specific needs. For example, it has beenreported that some female asylum seekers, victims of human trafficking or sexual violence, have beenhoused in centres mainly occupied by single men.
In addition, it is possible to notify OFII of any vulnerability element identified after the “interview” whether
it has been conducted or not. When the asylum seekers benefit from legal and social assistance, fromorientation platforms for example, it is possible for them to address OFII with a medical certificate.
However, for asylum seekers living in camps or on the streets, it is particularly difficult for them to havetheir vulnerability taken into account.

315

316

317

318

Decree of 23 October 2015 on the questionnaire for vulnerability assessment of asylum seekers;
Decree of 17 November 2016 implementing Decree n. 2016-840 of 24 June 2016 on the evaluationof minors temporarily or permanently deprived of family care, available in French at:
http://bit.ly/2msmNXw.
Ministry of Interior, Schéma national d’accueil des demandeurs d’asile et d’intégration des réfugiés
2021-2023, 18 December 2020, available in French at : https://bit.ly/376rJsl. See also Forum
Réfugiés, Schéma national d’accueil : quelles conséquences pour les demandeurs d’asile ?, 12
January 2021, available in French at : https://bit.ly/2Z4TEV9.
See also Forum Réfugiés, ‘Accueil des demandeurs d’asile : les vulnérabilités encore
insuffisamment prises en compte’, 10 February 2020, available in French at : https://bit.ly/3d2pNVr.
Haut-Conseil à l’Egalité, Situation des femmes demandeuses d’asile en France après l’adoption
de la loi portant réforme du droit d’asile, 18 December 2017, available in French at:
http://bit.ly/2mWvoBM, 18.

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For asylum applications made at the border or in detention, OFPRA has developed a system for thesignalling of vulnerabilities in places of detention (see Prioritisation and exemption from special
procedures).

1.2. Age assessment of unaccompanied children
Age assessment is not conducted in the framework of the asylum procedure in France but as aprerequisite to benefitting from the Childcare Protection system. The age assessment procedure andcriteria are detailed in a legal framework of 2016, 319 which establishes the elements to be taken into
account to determine the applicant’s minority:- The minor has to be informed of the objectives of the evaluation and its potential effects;- This assessment has to be conducted in a multidisciplinary approach;- The assessor must have strong knowledge of migratory routes, the situation in the country oforigin, childhood psychology and children rights;- Particular attention must be paid to potential cases of human trafficking;- The interview must be conducted in a language spoken by the interviewee; and- The outcome of the interview must be held in a written decision notified to the interviewee, andmention the legal remedies against it.
Methods for assessing age
In practice, bone examinations continue to be implemented even when unaccompanied children
possessed civil status documents. According to some stakeholders, some young people, in particular
those above 16, are subjected to several medical examinations until it can be established that they are
18. In 2016, the Children’s Ombudsman (Défenseur des enfants) introduced recommendations in order
to avoid bone examinations and recommended that unaccompanied children shall benefit from allprocedural safeguards when the authenticity of the documents proving their minority is questioned. 320 The
Ombudsman has recalled this position many times in 2016, holding that the social evaluation had toprevail over the bone examination, in particular when the lack of authenticity of the identity documentation
has not been proved.321
In its 2017 report, the Ombudsman pointed out that the difficulties persisted: bone examinations aremaintained, some unaccompanied children are denied care and evaluation without justification,
regardless of whether they have identity documents or not, as refusals are often based on racial profiling.
At the same time, other children have to wait without accommodation or in really bad emergency housing
during the really long examination of their situations.322
Moreover, Human Rights Watch published a report in 2019 relating to the treatment of unaccompanied
children in the French Hautes-Alpes which demonstrated that France continues its practices of flawed
age assessment procedures and summary returns of unaccompanied children at the border to Italy. 323
According to the report, the authorities do not comply with international standards and use various

319

320

321

322

323

Law n. 2016-297 of 14 March 2016 relating to child protection, available in French at:
http://bit.ly/2jd6t9b ; Decree n. 2016-840 relating to reception and minority assessment conditionsof minors temporarily or definitely deprived from the protection of their family, 24 June 2016,
available in French at: http://bit.ly/2j01GrO.
Children’s Ombudsman, Conference France terre d’asile “Unaccompanied minors: third country
nationals or children”, 30 October 2015.
Ombudsman, Decision MDE-2016-052, 26 February 2016, available in French at:
http://bit.ly/2jghszL; Ombudsman, Decision MDE 2016-113, 20 April 2016, available in French at:
http://bit.ly/2DnKCHb.
Omdbudsman, Children’s rights in 2017, November 2017, available in French at:
http://bit.ly/2AEpuJA.
Human Rights Watch, Subject to Whim - The Treatment of Unaccompanied Migrant Children in the
French Hautes-Alpes, 5 September 2019, available at: https://bit.ly/395iBTk.

77

justifications to deny children protection. Research by HRW indicates that the flawed age assessment
practice is common across the country. The research also affirms previous reports of summary returns of
unaccompanied migrant children by French border police at the border between Italy and France. In thenine cases examined by HRW French authorities did not comply with the “entry refusal” procedure specificfor children. The threat of summary returns pushes children to take ever more dangerous routes acrossthe Alps, increasing the number of injuries and other health risks (see Access to the territory and pushbacks).324
The priority given to the bone examination, in case of producing identity papers whose authenticity is notproperly denied, has been considered has unlawful. If there is no legitimate element to deny theauthenticity of such documents, the bone examination must not prevail. The Court of Appeal in Lyon has
recalled this principle in 2017 based on a loyal application of the legal instruments adopted in 2016. 325
On 21 December 2018, the Court of Cassation referred a preliminary question to the Constitutional Courton the constitutionality of bone examinations for age assessment. The hearing took place on 19 March
2019,326 and on 21 March 2019, the French Constitutional Court ruled that bone tests determining the ageof young migrants are not unconstitutional. The case concerned a young Guinean, Adama. S, who
declared to be 15 years old upon his arrival in France in 2016. A bone test concluded that his age was
between 20 and 30 years. With the support of several civil society organisations, including Gisti, la
Cimade, Médecins du monde and the Catholic Relief Service, he brought the case before theConstitutional Court as a preliminary priority question. The applicant claimed that the radiologicalexamination of bones violated the principle of the ‘best interests of the child’. Due to its margin of error it
led to unaccompanied minors being excluded from the beneficial provisions designed to protect them.
Although the Court confirmed the constitutional character of the principle of the ‘best interest of the child’,
it stated that the existence of a margin of error does not make the use of the test unconstitutional. 327
In 2019, a guide for services in charge of age assessments has been published by the authorities, in orderto harmonise current practices.328 In practice, age assessment is always carried out in a very different
way according to the territories.
Benefit of the doubt
Young people are entitled to the benefit of the doubt in the event that an evaluation cannot establish their
exact age, not least as recalled by Article 25(5) of the recast Asylum Procedures Directive. Once again,
practice is not uniform across the country in this regard. In some Départements, assessment services
assess very few young individuals as minors while in other Départements, the evaluation have led to morepositive decisions.329
However, young people are rarely given the benefit of the doubt in practice. The State Prosecutor is theauthority that decides on an age assessment dispute. In fact, the Prosecutor is responsible for issuing theorder to place the child in care (temporarily or not) and may therefore request additional tests if there is a
doubt about their age. Sometimes, the Prosecutor also closes the file with “no further action” without
considering other investigations which may in certain cases confirm the person’s minority.

324

325
326
327

328

329

ECRE, ‘France: Report documents continued denial of rights to migrant children’, 5 September
2019, available at: https://bit.ly/2S3hldx.
Court of Appeal of Lyon, Decisions Nos 16/0043, 16/00602 and 16/00770, 11 January 2017.
Constitutional Court, 2018-768 QPC, available in French at: https://bit.ly/2EjEYb8.
Constitutional Court, Decision No 2018-768, 21 March 2019, available in French at:https://bit.ly/2ISAfiL.
Guide de bonnes pratiques en matière d’évaluation de la minorité et de l’isolement, December
2019, available in French at: https://bit.ly/37WQYeM.
A 2018 report indicates that the rate varies from 9 to 100%, but data used for the purpose of thisstudy are uncertain. IGAS, IGA, IGJ, ADF, Rapport de la mission bipartite de réflexion sur lesmineurs non accompagnés, February 2018. Available in French at: https://bit.ly/31cvCHN.

78

Young people who are not assessed as minors by Départements have the possibility to seize the juvenile
judge in order to be protected as minors, but during this procedure they will not have access to specialised
reception centres that provide adequate care to children. Moreover, while they have the possibility toreach out to emergency and homeless shelters for adults, they cannot be accommodated if they claim tobe minors. In summer 2020, 72 children who were considered as adults were evicted from an informal
camp in the centre of Paris and referred to services for adults, multiple NGOs and support groups
reported.330 The same civil society organisations challenged these young people’s age assessment before
a court, arguing that they were children and deprived of child-protection services pending appeal.
In any case, having been determined to be above 18 as a result of an age assessment procedure has asignificant impact on the young asylum seeker’s ability to benefit from fundamental guarantees. The age
assessment procedure does not entail the granting of new documentation. This means that the person
might be considered alternatively as an adult or a child by various institutions. If Childcare Protection
considers the asylum seeker is above 18, it will not provide for any legal representative for the person,
whereas such representation is required for the registration of an asylum application. This may hinder the
young person from submitting an asylum claim; in case a minor without legal representative presents him
or herself in Prefecture to register an asylum claim, the Prefecture has to refer the case to the Prosecutor
in order that for an ad hoc administrator to be appointed (see Legal Representation of UnaccompaniedChildren). Yet such a legal representative is sometimes not appointed, if the Prosecutor relies on the
result of the age assessment procedure. In such cases, the person cannot lodge his or her claim before
turning 18 or OFPRA suspends the processing of the asylum claim until he or she turns 18.
Conversely, in other situations, the child manages to register his or her asylum application with an ad hoc
administrator, with minority being recognised by the Prosecutor at that stage, but is then recognised as
adult after the evaluation. In this case, he or she can proceed with the asylum claim as a child but cannot
benefit from any specific reception conditions either as an unaccompanied child or as an adult.
No statistics are available on the use of age assessment nationwide. A total of 9,501 young persons
reported as unaccompanied minors were integrated in the national mechanism for childcare protection in
2020, a 43% increase compared to 16,670 in 2019.331
The 2018 asylum and immigration reform provided for the creation of an automated data processing
system for unaccompanied children, aiming at “better guaranteeing child protection and at the preventionof illegal entry and stay of foreigners in France”. 332 A Decree of 30 January 2019 has further detailed thisdatabase and the evaluation process for unaccompanied children. 333 As a result, all young persons
applying for support as unaccompanied children are from now on required to register at Prefectures theirpersonal data, including fingerprints, photograph and documents, while Childcare Protection may ask thePrefecture for help in the evaluation process as regards the identity of a young person. This new system
is applied very differently depending on the competent department. In certain circumstances it
deteriorated the evaluation system by placing increased attention to control rather than protection needs,
thus resulting in confusion for the young migrants and an unfavorable context for an assessment in
confidence,334 despite the guarantees set by the Constitutional court in July 2019; namely that tests must

330

331

332
333

334

Médecins du Monde and others, ‘Campement de mineurs non accompagnés à Paris : nous
dénonçons l’incompréhensible inaction des responsables politiques’, Press release, 29 July 2020
avaiable in French at: https://bit.ly/3aNnMtp.
Ministry of Justice, Mission mineurs non accompagnés:. Online data, available in French at:https://bit.ly/2YLoFgw.
Article L.611-6-1 Ceseda, inserted by Article 51 Law n. 2018-778 of 10 September 2018.
Decree n. 2019-57 of 30 January 2019 on methods of evaluation of persons reporting as
unaccompanied minors and authorising the creation of a personal information data-file concerning
those persons.
Updated information on how this system is impleneted are provided, department by departement,by the NGO InfoMIE. The website is accessible in French at : https://bit.ly/37WGXOI.

79

be decided by the judicial authority, ordered only in the absence of valid identity documents. If there are
doubts on the age, the person concerned, informed in a language he or she understands, must consent
to the test (the refusal itself cannot be enough to prove the majority), taking into account the margin oferror surrounding the conclusions of the radiological examination. 335

2. Special procedural guarantees
Indicators: Special Procedural Guarantees
1. Are there special procedural arrangements/guarantees for vulnerable people?
Yes
For certain categories
No❖ If for certain categories, specify which: Unaccompanied children, victims of torture,
Violence or trafficking, LGBTI persons
Throughout the asylum procedure, OFPRA is competent for adopting specific procedural safeguards
pertaining to an asylum seeker’s specific needs or vulnerability. 336

2.1. Adequate support during the interview
The Ceseda does not define the notion of “adequate support” contained in Article 24(3) of the recast
Asylum Procedures Directive. However, specific procedural safeguards relating to the interview include: 337
a. The presence of a third person during the interview with the OFPRA protection officer. Even
though this provision does not specifically concern vulnerable applicants, it can be particularly
relevant and useful for these categories of asylum seekers;b. The possibility for an asylum seeker to ask that the interview be conducted by a protection officer
and with an interpreter from a specific gender. This request has to be motivated and manifestly
founded by the difficulty to express the grounds for his or her claim in presence of people from acertain gender (especially in situations of sexual violence);c. The presence of a mental health professional for asylum seekers suffering from severe mental
disease or disorder.
The law maintains the possibility for the asylum seeker to request a closed-door audience with the CNDA.
This decision can also be taken by the President of the court session if circumstances so require. 338
OFPRA has set up 5 thematic groups (groupes de référents thématiques) of about 20-30 staff each,covering the following elements: sexual orientation and gender identity; unaccompanied children; torture;trafficking in human beings; and violence against women. 339 The thematic groups follow internal
guidelines developed by the référents and revised every year. OFPRA has also established a position of
Head of Mission – Vulnerability as of 2016.
These officials follow specialised training on the specific issues they deal with:- Officers dealing with claims from unaccompanied children must be specifically trained on thismatter. They are trained on the particularities of asylum claims lodged by young individuals andalso have to attend a mandatory training on techniques for collecting personal stories, using
the EASO training module on Interviewing Children;- A protection officer may interview an applicant presenting other vulnerabilities. In such cases,
officers are trained based on internal training packs which refer to external sources e.g.
TRACKS project or GRETA report for victims of trafficking.

335

336
337
338
339

Constitutional Court, Decisionhttps://bit.ly/2S9xRYe.
Article L.723-3 Ceseda.
Article L.723-6 Ceseda.
Article L.733-1-1 Ceseda.
OFPRA, 2016 Activity report, 28.

n°2019-797,

26

July

2019,

availableinFrenchat:

80From 2013 to 2018, Forum réfugiés – Cosi and the Belgian NGO Ulysse have conducted
several 2-day trainings for OFPRA protection officers on victims of torture with two main
objectives: helping them to take into account the difficulties asylum seekers may face when
they have to share their story after traumatic events and providing tools to protection officers
for handling these situations.
It is unknown whether additional trainings were conducted throughout 2020.
-

In addition, OFPRA staff is trained on issues related to testimonies recounting painful events during theinterview process. It is particularly important as the lack of sensitive approaches to vulnerable applicants
has had further negative consequences. For instance, it means that no special precautions are taken in
the formulation of a negative answer. According to a social worker from Forum réfugiés – Cosi, forinstance, some negative decisions mention the fact that the claimant had shown no emotion whenrecalling the rape she had been subjected to or that the claimant seemed distant from the recollection of
the abuses she was describing. Asylum seekers can be extremely hurt when they see such comments inthe summary of their interviews.
According to a recent report by the Quality Council, OFPRA has marked notable improvements in termsof sensitivity and professionalism vis-à-vis asylum claims lodged by women.340 In addition, by the end of
2019, more than 9,000 were under OFPRA protection on grounds of risk of female genital mutilation(FGM).341
In 2019, Forum refugies-Cosi further organised trainings for 37 employees of the CNDA, focusing on
interviews in which painful stories and experiences are being shared. No further trainings were organisedin 2020.

2.2. Prioritisation and exemption from special procedures
OFPRA can decide to prioritise the processing of a claim from a vulnerable applicant having special
reception or procedural needs.
Similarly, OFPRA can decide not to process the claim under the Accelerated Procedure on the basis ofvulnerability or the specific needs of the applicant. Yet, no more than 24 claims (0.06%) were exemptedfrom the accelerated procedure out of a total of 37,759 claims accelerated in 2018.342 An improvement
was noted in 2019, when OFPRA rechannelled 206 cases into the regular procedure out of a total of
40,677 cases processed in the accelerated procedure.343 More recent statistics on the year 2020 were
not available at the time of writing of this report.
In addition, three grounds for placing an asylum seeker under the accelerated procedure may not applied
to unaccompanied children: (a) use of false identity or travel documents or false information; (b) reasons
unrelated to international protection; and (c) manifestly contradictory or incoherent information, orstatements that are clearly contradicted by country of origin information. 344

340

341

342
343
344

Haut-Conseil à l’Egalité, Situation des femmes demandeuses d’asile en France après l’adoption
de la loi portant réforme du droit d’asile, 18 December 2017, available in French at:
http://bit.ly/2mWvoBM, 25.
OFPRA, ‘Les premières données de l’asile 2019 à l’OFPRA’, 21 January 2020, available in Frenchat : https://bit.ly/3biDYm4.
OFPRA, 2018 Activity report, 21
OFPRA, 2019 Activity report, 22
Article L.723-2(4) Ceseda.

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Exemption from the border procedure
Similarly in the Border Procedure, OFPRA can consider that an asylum seeker in a waiting zone requires
specific procedural safeguards and thus terminate the detention. 345 However, the law does not completely
forbid the examination of vulnerable asylum seekers’ claims under border procedures.
Unaccompanied children are also subject to the border procedure in waiting zones,346 albeit in a more
restrictive way than adults. According to the law, an unaccompanied child can be held in a waiting zone
only under exceptional circumstances listed in the law: 347(1) The unaccompanied child originates from a Safe Country of Origin;(2) The unaccompanied child introduces a subsequent application deemed inadmissible;(3) The asylum claim is based on falsified identity or travel documents; or(4) The presence of the unaccompanied minor in France constitutes a serious threat to public order,
public safety or national security.
In practice, since the majority of unaccompanied children arriving at the border hold false documents, thecriterion of falsified identity or travel documents is widely applied as ground to conduct a border procedure
for this category of asylum seekers. While 71.2% of unaccompanied minors were granted entry in 2019,
this number was low as 51.6% in 2018; 24.3% in 2016 and 37% in 2015. This means that in 2018, nearly
half of all unaccompanied minors making an asylum claim at the border were refused access to theterritory; a situation that applied to 3 in 4 unaccompanied minors in 2016 and to the large majority of themin 2015. This raises important concerns, taking into consideration that the border procedure should in
principle only be applied exceptionally to unaccompanied minors.
The OFPRA further developed a system for the signalling of vulnerabilities in waiting zones. Any person
authorised to be present in waiting zones, including the NGOs accredited to that effect,348 can alert
OFPRA of the existence of vulnerabilities through a functional email address. 349 When a person is
identified as vulnerable during the border procedure, the OFPRA may request his/her release from thewaiting zones.350 This is marginally used in practice, as only a few referrals were made in recent years
and because of the limited presence of NGOs (see legal assistance). In 2016, only 5 persons have beenreleased from the waiting zones due to their vulnerability;351 and none in 2017.352
Overall, given the tight deadlines of the border procedure, which require OFPRA to issue an opinion to
the Ministry of Interior within two working days, it is unlikely that vulnerable asylum seekers are able tobenefit from “sufficient time” to put forward their claim. Moreover, practice suggests that applicants are
not released from waiting zones, even in cases where their vulnerability is reported by NGOs. For
example, there has been a case where the vulnerability of an 8-months pregnant woman was reported byAnafé to the OFPRA, but she continued to be held in the transit zone. She further had to stand for an hour
during the interview, as the latter was conducted through a wall mounted telephone. 353
345
346

347
348
349

350
351
352

353

Article L.213-9 Ceseda.
For detailed additional information on the risks for children at borders, see Anafé, Brève 2016 Mineurs isolés en zone d’attente : droits en péril aux frontières françaises, 2 May 2017, available
in French at: http://bit.ly/2CZGtLP; UNICEF, ‘Enfants non accompagnés : la protection de l’enfancedoit s’exercer aussi à la frontière franco-italienne’, 13 December 2017, available in French at:
http://bit.ly/2pXsgoG.
Article L.221-2 Ceseda.
Article L.213-8-1 CESEDA.
ECRE/AIDA, Access to asylum and detention at France’s borders, June 2018, available at:https://bit.ly/3jEbV53, 22.
Article L.221-1 CESEDA.
OFPRA, Annual report - 2016, 2017, available in French at: https://bit.ly/3aaXulX, 42.
ECRE/AIDA, Access to asylum and detention at France’s borders, June 2018, available at:https://bit.ly/3jEbV53, 20.
Information provided by Anafé, 17 September 2020.

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3. Use of medical reports
Indicators: Use of Medical Reports
1. Does the law provide for the possibility of a medical report in support of the applicant’s statements
regarding past persecution or serious harm?
Yes
In some cases
No
2. Are medical reports taken into account when assessing the credibility of the applicant’s
statements?
Yes
In some cases
No
The Ceseda mentions that medical reports may be taken into account by OFPRA along with otherelements of the asylum claim.354 In practice, such reports are considered in the light of the applicant’s
statements. Applicants often present medical certificates from specialised centres. According to some
doctors, all too often, their certificates are not taken into account, as OFPRA often dismisses them as
evidence, without seeking a second opinion. The medical report is paid for by asylum seekers via thestate supported medical insurance: the “protection universelle maladie” (PUMA) or “aide médicale d’Etat”(AME).
A medical certificate to confirm the absence of female genital mutilation (FGM) is requested during theexamination of an asylum request presented by a young woman or girl based on that risk in her countryof origin.355 During the OFPRA interview, the woman applying for asylum in her own name will be asked
to demonstrate the reasons why she fears to be subjected to FGM in case of return to her country oforigin. If the asylum claim is made on behalf of a child, both parents will have to bring such evidence.
Once a protection has been granted, the requirement of a medical certificate remains, as long as the risk
exists and as long as the person concerned is under 18. OFPRA requires thus that a medical certificate
be sent every three year, proving that the person has still not undergone FGM.356 OFPRA may thoughrequire a medical certificate within that period of time if it has serious reasons to believe that sexual
mutilation has been or could be practised. A Decree of 23 August 2017 specifies the terms of thisobligation, the list of authorised doctors, and consequences of refusal for parents. 357
The consideration of medical certificates at the CNDA can vary a lot. A poorly argued dismissal of a
medical certificate by the CNDA was criticised by the European Court of Human Rights (ECtHR) in
September 2013.358 The applicant, of Tamil ethnic origin, had provided a medical certificate from thedoctor of the waiting zone in the Paris CDG airport describing several burn injuries. The Court found that
the CNDA had failed to effectively rebut the strong presumption raised by the medical certificate oftreatment contrary to Article 3 ECHR and therefore that the forced return of the applicant to Sri Lanka
would place him at risk of torture or inhuman or degrading treatment.
On 10 April 2015, the Council of State applied the position of the ECtHR for the first time ever since its
condemnation in September 2013. It cancelled the CNDA decision, considering it should have duly taken
into account the medical report presented by the asylum seeker as it was supporting his story andexplaining his fears in case he would be deported back to his country of origin. As from this judgment, theCNDA has to take into consideration documents, such as medical reports, presenting elements relating
to alleged risks and fears. The Court also has to justify why it would not consider these elements asserious.359 This significantly strengthens the consideration for psychological and physical wounds of

354
355
356
357
358

359

Article L.723-5 Ceseda.
Articles L.723-5 and L.752-3 of Ceseda.
Article L752-3 Ceseda
Decree NOR: INTV1721843A of 23 August 2017, available in French at: http://bit.ly/2CTyzAm.
ECtHR, RJ v France, Application No 10466/11, Judgment of 19 September 2013, available at:
http://bit.ly/1HBYxIE.
Council of State, Decision No 372864, 10 April 2015, available in French at: http://bit.ly/1hjmyZ2.

83asylum seekers and balances the power of the CNDA compared to the asylum seeker.360 Through adecision of 17 October 2016, the Council of State reiterated and reinforced this position. 361
In November 2016, the organisation Primo Levi published a study on the way medical certificates, stating
physical or psychological wounds, are taken into account by asylum decision-makers in France. The
report of this organisation highlights several elements, mainly that: 362- Physical and psychological wounds are not equally considered by the protection officers or by thejudges. The first category seems to have more credibility to them;- Even when such a certificate is produced to the decision makers, they do not seem to draw theconclusions of the impact of the established wound on the capacity of the asylum seekers to telltheir story in a convincing way.
There is no more recent study on the matter but these issued continued to be reported in 2020.

4. Legal representation of unaccompanied children
Indicators: Unaccompanied Children
1. Does the law provide for the appointment of a representative to all unaccompanied children?
Yes
No
In 2019, 755 asylum claims from unaccompanied children were registered by OFPRA. This represents
an increase of 2 % compared to the 742 asylum claims lodged in 2018.363 Statistics on the year 2020
were not available at the time of writing. After keeping on decreasing since 2011, the number of claims
introduced by unaccompanied children has increased in line with the overall number of asylum seekers
in Europe. Yet, it remains very low compared to the overall number of unaccompanied children reported
to Childcare Protection.
In 2019 the unaccompanied children seeking asylum in France mainly came from Afghanistan (207
asylum claims), DRC (97) and Guinea (78) The socio-demographic characteristics of these asylum
seekers show that 86.4 % are aged between 16 and 17 years old and 72.3% were boys. In 2019, therecognition rate was 67% at OFPRA (81.5% with appeal), i.e. 40% above the recognition rate of adults. 364
OFPRA has sought to improve the protection of unaccompanied children seeking asylum (see also
Special Procedural Guarantees). According to the Chair of the working group on unaccompanied minors
at OFPRA, a number of actions and objectives have been set up:❖ Training protection officers throughout all geographic sections on vulnerabilities, in particular on
assessing an asylum claim introduced by an unaccompanied minor and conducting an interview
with this category of asylum seekers.
❖ Assessing unaccompanied minors’ claim in a shortened period of time: the objective is to havetheir claim processed within 4 months maximum.
❖ Raising awareness on the possibility for unaccompanied minors to apply for asylum;❖ Conducting interviews of unaccompanied minors by specially trained protection officers;❖ Interviewing unaccompanied minors three months after registering their claim at OFPRA to givethem time to get properly prepared;❖ Proceedings have been harmonised and online thematic folders on this topic have been createdfor protection officers.365

360

361
362

363
364
365

Nicolas Klausser, “Vers un renforcement du « droit » à une procédure équitable des demandeursd’asile et une meilleure prise en compte de leurs traumatismes ?”, La revue des droits de l’homme,
May 2015.
Council of State, Decision No 393852, 17 October 2016.
Association Primo Lévi, Persécutés au pays, déboutés en France : Rapport sur les failles de notre
procédure d‘asile, November 2016, available in French at: http://bit.ly/2iV4Tg0.
OFPRA, 2019 Activity report.
Ibid.
OFPRA, 2016 Activity report, 31.

84

As unaccompanied children do not have any legal capacity as minors, they must be represented for any
act under all asylum procedures. When they are deprived of legal representation (i.e. if no guardian has
been appointed by the guardianship judge before placement in care), the Public Prosecutor, notified by
the Prefecture, should appoint an ad hoc administrator (legal representative) who will represent themthroughout the asylum procedure.366 This legal representative is appointed to represent the child only inadministrative and judicial procedures related to the asylum claim. This person is not tasked to ensure
the child’s welfare the way a guardian would be. Every 4 years, within the jurisdiction of each Appeal
Court, a list of ad hoc administrators is drawn up. They represent children held in waiting zones at theborder or children who have applied for asylum. These ad hoc administrators receive a flat allowance tocover their expenditure. No specific training or at minimum awareness of asylum procedures is required
for their selection.367
As soon as possible after the unaccompanied child has introduced his or her asylum claim, the Prefecture
shall engage in investigating to find the minor’s family members, while protecting his or her bestinterests.368
At the border, an ad hoc administrator should be appointed “without delay” for any unaccompanied childheld in a waiting zone.369
In practice, the appointment of an ad hoc administrator can take between 1 to 3 months. However, there
are jurisdictions where the lack of ad hoc administrators or their insufficient number does not enable theprosecutor to appoint any. These children are therefore forced to wait until they turn 18 to be able to lodge
their asylum application at OFPRA.
At OFPRA level, the ad hoc administrator is the only person authorised to sign the asylum application
form. The CNDA has annulled an OFPRA decision rejecting an asylum claim of an unaccompanied child,after an interview conducted without the presence of the ad hoc administrator. In this decision, the Court
held the conduct of an interview in such circumstances as a violation of the fundamental guarantees
applicable to asylum seekers.370

366
367

368
369
370

As provided by Article 17 Law of 4 March 2002 on parental authority and by Article L.741-3 Ceseda.
Article R.111-14 Ceseda provides that, in order to be included in the list, any individual person mustmeet the following criteria: 1. Be aged between 30 and 70; 2. Demonstrate an interest on youth
related issues for an adequate time and relevant skills; 3. Reside within the jurisdiction of the Appeal
Court 4. Never have been subject to criminal convictions, or to administrative or disciplinary
sanctions contrary to honour, probity, or good morals; 5. Have not experienced personal bankruptcy
or been subject to other sanctions in application of book VI of the commercial code with regard tocommercial difficulties.
Article L.741-4 Ceseda.
Article L.221-5 Ceseda.
CNDA, Mme Y, Decision No 14012645, 5 October 2016.

85

E. Subsequent applications
Indicators: Subsequent Applications
1. Does the law provide for a specific procedure for subsequent applications?

Yes

No

2. Is a removal order suspended during the examination of a first subsequent application?
❖ At first instanceYes
No❖ At the appeal stage
Yes
No371
3. Is a removal order suspended during the examination of a second, third, subsequent application?
❖ At first instanceYes
No❖ At the appeal stageYes
No

An application is deemed as “subsequent” where it is made after: 372- The rejection of an asylum application by the CNDA or by OFPRA without appeal;- The asylum seeker had previously withdrawn his or her asylum claim and did not ask for areopening within 9 months;- OFPRA has taken a decision to discontinue the processing of the claim and a 9-month period has
elapsed;373- The asylum seeker has left the French territory, including to go back to his or her country of origin.
There are no limits on the number of subsequent applications that can be introduced.
In order for the asylum seeker to introduce a subsequent application he or she must, as all asylum
seekers, present him or herself to the Prefecture to register his or her claim and obtain an asylum claim
certification.374 Since March 2017, the person has to go back to the orientation platform (PADA) to obtainan appointment at the GUDA like all asylum seekers.
The Prefecture can refuse to grant the asylum seeker with this certification when a first subsequent
application has already been rejected by OFPRA or when a first subsequent application is submitted inorder to prevent a compulsory removal order.375 In case of a subsequent application, the authorised period
to send the completed asylum claim is shorter than in case of a first application: instead of 21 days, theasylum seeker has 8 days to introduce his or her subsequent claim before OFPRA.376 In case the claim
is incomplete, the asylum seeker has 4 days, instead of 8 in case of a first application, to send missing
elements.
If a removal order has been issued following the rejection of the first asylum application, it will besuspended during the examination of the first subsequent application by OFPRA.377
Assessment of new facts or circumstances
When OFPRA receives the subsequent application it proceeds to a preliminary examination within 8 daysin order to determine whether the subsequent application is admissible or not. 378 The assessment ofadmissibility has been further interpreted by case law. The Council of State has upheld the CNDA position
stating that the preliminary assessment of the admissibility of a claim must fulfil two cumulative conditions:

371
372
373

374
375
376
377
378

No systematic suspensive effect.
Article L.723-15 Ceseda.
Article L.723-13 Ceseda. Note that this decision is appealed not before the CNDA but before theAdministrative Court: Council of State, Decision No 412292, 17 January 2018.
Article R.723-15 Ceseda.
Article L.741-1 Ceseda.
Article R.723-15 Ceseda.
Article L.743-4 Ceseda.
Article R. 723-16 Ceseda.

86

(a) the alleged facts or circumstances must be “new”; and (b) their probative value must be such as towarrant a modification of the assessment of the well-foundedness of the claim.379
With regard to the first limb, the Council of State ruled later in 2018 that a final judgment by the ECtHR
finding that a removal measure to the country of origin would constitute a violation of Article 3 ECHR
constitutes new evidence, warranting admissibility of the subsequent application. 380
To support his or her subsequent application, the asylum seeker must provide in writing “new evidence”
or facts subsequent to the date of the CNDA decision, or evidence occurring prior to this date if he or she
was informed thereof only subsequently. 381 In practice, a previous fact could also be considered as “new”,
if the asylum seeker had not referred to it during the first application due to his or her being “undercoercion”. This mainly concerns women who have been victims of human trafficking (i.e. prostitution) and
who must then prove their escape from prostitution rings.
In practice, it is difficult to provide evidence of new information and to prove its authenticity to substantiate
subsequent claims. Asylum seekers often face difficulties in accessing the documents needed to provenew information e.g. difficulty in contacting their country of origin to obtain the evidence.
Preliminary admissibility procedure
During the preliminary examination of the subsequent application, OFPRA is not compelled to interview
the asylum seeker.
If, after the preliminary examination OFPRA considers that this “new evidence” or facts do not significantly
increase the risk of serious threats or of personal fears of persecution in case of return, it can declare thesubsequent application inadmissible. The decision of OFPRA must be notified to the asylum seeker andinformation relevant to the procedure and deadlines for lodging an appeal must also be shared.382 On thecontrary, if the subsequent application is admissible, OFPRA has to channel it under the accelerated
procedure and summon the asylum seeker to an interview. So far, the practice has demonstrated thatasylum seekers who lodge a subsequent application often do not get an interview.
An appeal can be lodged before the CNDA within a time period of 1 month. However, following the 2018
reform, this appeal has no suspensive effect.383 The CNDA will then have 5 weeks to issue a decision on
the appeal.384 Negative decisions “by order” (ordonnance) continue to be common practice.
Out of the total of 95,600 applications registered by OFPRA in 2020, 8,830 were subsequent applications,thus representing 9.2% of the total number of applications registered 385 (compared to 9,084 subsequent
applications in 2019, representing 6.8% of the total number of applications registered,386 and 9,421
subsequent applications in 2018).
As from the notification of a negative decision by OFPRA on a first subsequent application, regardless of
its admissibility or not, the Prefecture can refuse to deliver or renew the asylum claim certification and canissue an order to leave the French territory (OQTF).387

379

380
381
382
383
384
385
386
387

Council of State, Decision No 3979611, 26 January 2018; CNDA, Decision Nos 15025487 and
1502488, 7 January 2016.
Council of State, Decision No 406222, 3 October 2018.
Article L.723-16 Ceseda.
Article L.723-11(3) Ceseda.
Article L.743-2 Ceseda, as amended by Article 12 Law n. 2018-778 of 10 September 2018.
Article L.731-2 Ceseda.
OFPRA, Premières données de l’asile 2020, 21 January 2021.
Ministry of Interior, Chiffres clés – Les demandes d’asile, 21 January 2020.
Article L 743-2 Ceseda

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F. The safe country concepts
Indicators: Safe Country Concepts
1. Does national legislation allow for the use of “safe country of origin” concept?
❖ Is there a national list of safe countries of origin?
❖ Is the safe country of origin concept used in practice?

Yes
Yes
Yes

No
No
No

2. Does national legislation allow for the use of “safe third country” concept?
❖ Is the safe third country concept used in practice?

Yes
Yes

No
No

3. Does national legislation allow for the use of “first country of asylum” concept?

Yes

No

The safe country concepts were heavily debated in the context of the 2018 asylum reform. While thegovernment had announced preliminary plans to codify the concept of “safe third country” in French law,
this was later abandoned in the bill.388

1. First country of asylum
The “first country of asylum” concept, requiring that a person has obtained international protection in athird country, is a ground for inadmissibility.389 The possibility of enjoying “sufficient protection” is notenough to justify inadmissibility. Inadmissibility is declared when the asylum seeker is entitled to enjoy“effective protection”. Considering the effective protection an EU Member State has to provide, the Councilof State has defined this protection as follows:- The State respects the rule of law;
- The State is not targeted by any mechanism of Article 7 of the founding Treaty; and- The State does not violate any fundamental right out of those prescribed in Article 15 ECHR.390
Regarding the effective protection granted in a non-EU Member State, the Council of State only refers to
the effective protection without detailing what it is made of.391
In 2017, OFPRA took 214 inadmissibility decisions on this ground.392 No further statistics have beenreleased since then, but in 2019, OFPRA specified that Syria, Somalia and Afghanistan were the main
countries of origin of asylum seekers who have been notified inadmissibility decisions on this ground. 393

2. Safe country of origin
2.1. Definition and procedural consequences
The notion of safe countries of origin was introduced in French legislation by the Law of 10 December
2003.394 The definition is completed by the reference to the definition provided in Annex 1 of the recast
Asylum Procedures Directive that provides that:“A country is considered as a safe country of origin where, on the basis of the legal situation, theapplication of the law within a democratic system and the general political circumstances, it canbe shown that there is generally and consistently no persecution as defined in Article 9 of Directive

388

389
390
391
392
393
394

Libération, ‘Les candidats à l'asile ne seront finalement pas renvoyés vers des «pays tiers sûrs»’,
20 December 2017, available in French at: http://bit.ly/2DR597b.
Article L.723-11 Ceseda.
Council of State, Cimade et M.O., Decisions Nos 349735 and 349736, 13 November 2013.
Council of State, OFPRA v. M.S., Decision No 369021, 17 June 2015.
OFPRA, 2017 Activity report, 52.
OFPRA, 2019 Activity report, 58.
Law n. 2003-1176 of 10 December 2003 on the right to asylum.

882011/95/EU, no torture or inhuman or degrading treatment or punishment and no threat by reason
of indiscriminate violence in situations of international or internal armed conflict.”
By law, a country is considered safe “if it ensures respect for the principles of freedom, democracy andthe rule of law, as well as human rights and fundamental freedoms”. The definition has been
complemented with the 2018 reform, and now states that the absence of persecution has to be considered
for men and women, regardless of their sexual orientation. 395
Applications from safe countries of origin are to be systematically processed by OFPRA within an
Accelerated Procedure,396 except under special circumstances relating to vulnerability and specific needsof the asylum seeker or if the asylum seeker calls upon serious reasons to believe that his or her country
is not be safe given his or her personal situation and the grounds of his or her claim.397

2.2. List of safe countries of origin
The first list of safe countries of origin was established in June 2005 by the OFPRA Management Board.
Every time a country is removed from or added to the list, the deliberations of the Management Board are
published in the Official Journal. This list can be reviewed in OFPRA Board meetings. However, thecomposition of the Management Board has been modified, partly to strengthen the amending procedureof the list. In addition, qualified personalities (personnalités qualifiées) can vote on the constitution of thelist of safe countries of origin.
The board is constituted by 16 members:398- 2 personalities (one male, one female) nominated by the Prime Minister;- 1 representative of the Ministry of Interior;- 1 representative of the Ministry in charge of Asylum;- The Secretary General of the Ministry for Foreign Affairs;- The Director for Civil Affairs and Seal of the Ministry of Justice;- 1 representative of the Ministry of Social Affairs;- 1 representative of the Ministry in charge of Women’s Rights;- 1 representative of the Ministry for overseas territories;- The Director of the Budget for the Ministry in charge of the Budget;- 2 Members of Parliament (one male, one female);- 2 Senators (one male, one female); and- 2 Members of the European Parliament (one male, one female).
Not only can the Management Board decide on its own initiative to amend the list but also the reform of
the law on asylum provides that presidents of the Committee of Foreign Affairs and the Committee of theLaws of both houses (Parliament and Senate) or civil society organisations promoting asylum right, third
country nationals’ rights, or women and/or children’s rights can refer to the Management Board that one
country should be registered or crossed off the list of safe countries of origin. 399
The list has to be regularly re-examined by the Management Board in order to make sure that the
inscription of a country is still relevant considering the situation in the country. “In case of quick anduncertain developments in one country, it can suspend its registration.”
The sources used by the Management Board of OFPRA to substantiate its decisions are not officiallypublished. OFPRA has an internal resources service working on country of origin information and a

395
396
397
398
399

Article L.722-1(4) Ceseda, as amended by Article 6 Law n. 2018-778 of 10 September 2018.
Article L.723-2(1)(1) Ceseda.
Article L.723-2(5) Ceseda.
Article L.722-1 Ceseda.
Article L.722-1(2) Ceseda.

89

UNHCR representative sits in the management board meetings, but the process lacks transparency as
to the sources of information used to decide on the safety of a country.
The list of countries considered to be safe countries of origin is public. At the end of 2020 it included thefollowing 15 countries:400- Albania;- Armenia;- Bosnia-Herzegovina;- Cape Verde;- Georgia;- Ghana;- India;- Kosovo;- North Macedonia;- Mauritius;- Moldova;- Mongolia;- Montenegro;- Senegal;- Serbia.
Several countries have been removed from the list by the Management Board of OFPRA (but cansometimes also be reintroduced in the list at a later stage):Country
Tanzania
Croatia
Georgia
Mali
UkraineBenin

Withdrawal or suspension by OFPRA Management Board
October 2015 - Withdrawn
June 2013 – Withdrawn
November 2009 (previously withdrawn currently on the list)
December 2012 – Withdrawn
March 2014 – Withdrawn
September 2020 – Suspended for a year

Moreover, decisions to add a country to the list can be challenged before the Council of State by third
parties. The Council of State has removed several countries from the list:
Country
Albania
Armenia
Bangladesh
KosovoMadagascar
Mali
TurkeyRemoval by Council of State
February 2008; March 2012 (currently on the list)
July 2010
March 2013
March 2012; October 2014 (currently on the list)
July 2010
July 2010 (for women only)
July 2010

In a decision of 16 December 2013, the Management Board of OFPRA added Albania, Georgia andKosovo.401 In a decision of 10 October 2014,402 the Council of State removed Kosovo from the list of safecountries of origin but maintained Albania and Georgia. The Ministry of Interior sent an instruction to the

400
401

402

OFPRA, List of Safe Countries of Origin, 9 October 2015, available at: http://bit.ly/1YLOFBc.
Decision of 16 December 2013 modifying the list of safe countries of origin (Décision du 16
décembre 2013 modifiant la liste des pays d'origine sûrs), JORF n°0301 of 28 December 2013,
available at: http://bit.ly/1LI8R1H, 26152.
Council of State, Forum réfugiés-Cosi and Others v OFPRA, Decision No 375474 and 375920, 10
October 2014, available at: http://bit.ly/1JCEIS5.

90

Prefects on 17 October 2014 calling them to generally channel the asylum seekers from Kosovo into theregular procedure and to deliver them a temporary residence permit enabling them to be accommodated
in reception centres for asylum seekers.403 However, on 9 October 2015, the Management Board of
OFPRA met to update the list of safe countries of origin and has decided to reintroduce Kosovo to the list.
The reintroduction of Kosovo has been challenged to the Council of State by several French NGOs,
including Forum réfugiés – Cosi, Cimade, Dom’Asile, GISTI, Elena France and JRS France among others.
They also wanted the withdrawal from this list of Senegal, Albania, Armenia and Georgia. It has to bementioned these countries are the five main safe countries of origin of asylum seekers in 2015. 404 On 30
December 2016, the Council rejected the applications and upheld the list in its current form. 405 Whenupholding the legality of the inclusion of Kosovo in the list, the Council of State took into account the factthat the country has been inserted in the European Commission proposal for an EU list of safe countriesof origin.406
In October 2019, the Management Board of OFPRA decided to maintain the current list of safe countriesof origin, but added that the situation in Benin will be reviewed within six months.407 In September 2020,
the Management Board of OFPRA decided to suspend the placement of Benin as safe country of origin
during 12 months.408
In 2019, 22,649 first-time applications (excluding minors) were lodged by persons originating from the 16“safe countries of origin” (20% of all first asylum applications). In 2020, applicants from Albania andGeorgia were not in the top ten countries of origin of asylum seekers in France, as opposed to previous
years.

G. Information for asylum seekers and access to NGOs and UNHCR
1. Provision of information on the procedure
Indicators: Information on the Procedure
1. Is sufficient information provided to asylum seekers on the procedures, their rights andobligations in practice?
Yes
With difficultyNo❖ Is tailored information provided to unaccompanied children?

Yes409No

The provision of information is codified in Article R.751-2 Ceseda:“The competent service of the Prefecture must inform the foreign national who would like torequest refugee or subsidiary protection, of the asylum procedure, their rights and obligations
over the course of this procedure, the potential consequences of failure to meet these obligations
or any refusal to cooperate with the authorities and the measures available to them to help thempresent their request. This information should be provided in a language they can reasonably be
expected to understand.”

403
404
405
406

407
408
409

Ministry of Interior, Information Note INTV1424567N of 17 October 2014.
OFPRA, 2016 Activity report, 39.
Council of State, Decisions Nos 395058, 395075, 395133 and 395383, 30 December 2016.
Forum réfugiés – Cosi, ‘Pays d'origine sûrs : le Conseil d'Etat valide la nouvelle liste’, 30 December
2016, available in French at: http://bit.ly/2j4JpIS.
OFPRA, Press release, 5 October 2019, available in French at: https://bit.ly/37MsAwD.
OFPRA, Press release, 29 September 2020, available in French at: https://bit.ly/3jjcalM.
This largely depends on the knowledge and expertise of the social worker in charge of theunaccompanied child.

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Information is provided in a language that the asylum seeker understands or is likely to understand. 410
This information have been compiled under a general “Guide for asylum seekers in France” (guide dudemandeur d’asile en France). The guide is supposed to be provided by the Prefecture. The guide has
been updated in September 2020 and is available in French and 30 other languages. 411
Practices used to vary from one Prefecture to another, and many failed to provide the guide. From thepoint of view of stakeholders supporting asylum seekers, even though this guide is a good initiative, itappears that most of asylum seekers cannot read or do not understand the meaning of the guide.
OFPRA published, however, a guide on procedures which has shown to be very useful both for asylum
seekers and for practitioners. This includes information on the regular procedure, inadmissibility andaccelerated procedures, appeals, the interview, the content of protection etc. The last version was
updated in December 2019.412
Moreover, OFPRA published a guide on the right of asylum for unaccompanied minors in France in 2014,
which was subsequently updated in 2020.413 The guide is quite comprehensive, describing the steps ofthe asylum procedure, the appeals and the procedure at the border. However, it is more used byprofessionals than by minors themselves because it remains hard to understand. OFPRA has stated its
intention to share this guide as widely as possible in Prefectures, in waiting zones at the border and withstakeholders working in children’s care. In practice, this guide is not available in all prefectures, however.
In many regions, the prefecture agents recommend asylum seekers to download it on OFPRA’s website.
During COVID, the provision of information on the health situation and the consequent suspension of
asylum activities has been shifted on to NGOs. However, the OFPRA’s website was updated regularly
with information for asylum seekers on a dedicated page (only available in French, however).
Information on the Dublin procedure
The information provided about the Dublin procedure varies greatly from one Prefecture to another. Whenthey go to the prefecture to apply for asylum, all applicants are handed, at the desks, an information leafleton the Dublin procedure (Leaflet A) 414 together with the Asylum Seeker’s Guide. If the Prefecture decides
at a later stage to channel the applicant into the Dublin procedure, the applicant receives a second
information leaflet on the Dublin procedure (Leaflet B). 415 The Prefecture asks the applicant to sign a letter
written in French which lists the information that has been provided as well the language in which thisinformation was provided, as requested under Article 4 of the Dublin III Regulation.
The asylum seeker knows when a take charge or a take back procedure has been initiated, due toinformation provided on the back of their Dublin notice, which is translated into the language of the asylum
seeker. Translation is an obligation recently recalled by the Administrative Court of Appeal of Bordeaux.
According to the court, the absence of translation is a violation of the fundamental guarantees which muchprevail in the framework of the Dublin procedure. 416 There is, however, no information about the country
to which a request has been sent, nor on the criteria that have led to this decision.

410
411

412

413

414

415

416

Article R.741-4 Ceseda.
Ministry of Interior, Guide du demandeur d’asile, September 2020, available at:https://bit.ly/3uTut6A
OFPRA, Guide des procedures à l’OFPRA, December 2019, available in French at :https://bit.ly/2UdFQ9n.
OFPRA, Guide de l’asile pour les mineurs isolés etrangers en France, January 2020, available inFrench at: https://bit.ly/2RHQ14t.
European Commission and Migrationsverket, Leaflet A: “I have asked for asylum in the EU – Whichcountry will handle my claim?” 2014, available at: http://bit.ly/1PSuhgz.
European Commission and Migrationsverket, Leaflet B: “I am in the Dublin procedure – What does
this mean?”, 2014, available at: http://bit.ly/1dBoCd2.
Administrative Court of Appeal of Bordeaux, Decision No 16BX01854, 2 November 2016.

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Information at the border
In the waiting zones at the border, Forum réfugiés – Cosi notes a serious lack of information on thepossibility of requesting admission to French territory on asylum grounds (see section on Border
Procedure). When a person is arrested at the border, he or she is notified of an entry refusal, in theory
with the presence of an interpreter if necessary.417 However, many stakeholders doubt that the information
provided and the rights listed therein are effectively understood. For example, it is very surprising to notethat those intercepted nearly always agree to renounce their right to a “full day” notice period (jour franc)
i.e. 24 hours during which the person cannot be returned, and tick the box confirming their request to
leave as soon as possible.
In addition, as the telephone in certain waiting zones is not free of charge, contact with NGOs or even
UNHCR is not easy. Several decisions by the Courts of Appeal have highlighted the irregularity of theprocedure for administrative detention in a waiting zone, due to the restrictions placed on exercising theright to communicate with a lawyer or any person of one's choice. 418 The fact that asylum seekers may
have no financial means of purchasing a phone card is therefore a restriction on this fundamental right.

2. Access to NGOs and UNHCR
Access of NGOs to asylum seekers is described in the section on Access to Detention Facilities.

H. Differential treatment of specific nationalities in the procedure
Indicators: Treatment of Specific Nationalities
1. Are applications from specific nationalities considered manifestly well-founded?
❖ If yes, specify which:

Yes

No

2. Are applications from specific nationalities considered manifestly unfounded? 419
Yes No❖ If yes, specify which:Albania, Armenia, Benin, Bosnia-Herzegovina, Cape Verde,Georgia, Ghana, India, North Macedonia, Kosovo, Mauritius,
Moldova, Mongolia, Montenegro, Senegal, Serbia
There is no explicit policy of considering specific nationalities as manifestly well-founded. At most, somenationalities obtain higher rates of protection than the average rate e.g. Syria, Iraq or Afghanistan. These
countries had first instance recognition rates of 95.2%, 84.2% and 83.1% respectively in 2017. 420 In 2018,
rates for Afghanistan dropped to 67.4%, for Syria to 85.6% and for Iraq to 73.1% according to Eurostat.
Similarly in 2019, rates for Afghanistan dropped to 62.5%, for Syria to 71,5% and 66,8% for Iraq according
to Eurostat. The data for 2020 was not available at the time of writing.
Since a CNDA judgment of March 2018, Afghan nationals widely benefitted from protection. The CNDA
held that the situation of indiscriminate violence in Kabul is of such degree for Article 15(c) to be triggeredby a person’s mere presence.421 However, in a Grand chamber decision of 19 November 2020, the CNDA
changed its position, now considering that the level of violence in Kabul is not high enough to justify a

417
418
419
420

421

Article L.213-2 Ceseda.
Article L.221-4 Ceseda.
Whether under the “safe country of origin” concept or otherwise.
OFPRA, ‘Les données de l’asile 2017 à l’OFPRA, 8 January 2018, available at:
http://bit.ly/2EVQB5y.
CNDA, M. H., Decision No 17045561, 9 March 2018.

93

protection for all people arriving at airports. 422 This means that individual circumstances need to beassessed again and puts Afghan nationals at risk of return. It is also likely to have importantconsequences in practice given that Afghans have been the first nationality of applicants in France since
2018 and recent Eurostat statistics indicate that a total of 17,520 applications for international protectionof Afghan nationals were pending as of the end of December 2020.423 The new CNDA ruling is thus likely
to impact their situation in the future. Yet, in its recent country of origin report on the Security situation in
Afghanistan of 28 September 2020, the European Asylum Support Office (EASO) confirmed that theconflict in the country continued to be described as one of the deadliest in the world for civilians and adds
that “several sources reported a spike in violence during the first six months of 2020, with an increase in
the number of civilian casualties, particularly in the northern and north-eastern regions”.424In addition,
several rulings have prevented Dublin transfers of Afghan nationals to countries where their asylum
applications have been rejected (see Dublin: Suspension of Transfers).
Furthermore, differential treatment of specific nationalities seems to be applied in the framework of ad
hoc relocation schemes implemented since June 2018. Following “boat-by-boat” agreements following
disembarkation in Italy, Malta and Spain, over 280 persons have been relocated to France in 2018. 425 In
October 2019, a member of the government stated that more than 600 people have been admitted in
France through relocation within a year. At the end of 2019 France offered assistance to return rejectedasylum seekers, to combat “illegal immigration” and to relocate 400 asylum seekers from Greece.426In
February 2021, 275 asylum seekers and 131 unaccompanied minors have been transferred from Greece
to France as part of the ‘voluntary relocation scheme from Greece to other European countries’. 427
All relocated persons have previously undergone interviews with OFPRA, for the Office to assess theirneed for protection and potential threats to public order. No official data are available about thismechanism or the nationality of selected persons. However, it appears through communication on arrivalin France from OFII and the Ministry of Interior that relocated persons are mainly from Sudan, Eritrea
and Somalia. Following their arrival, these persons have been quickly received by OFII and granted
refugee status by OFPRA.
Asylum seekers that are nationals of countries listed as safe are dealt with most of the time under anaccelerated procedure (see Safe Country of Origin). Their access to asylum from detention is also morecircumscribed compared to other nationalities (see Registration). The average protection rate for suchnationalities was 10.8% in 2018, at first and second instance combined, but there are important variations
from one country to another. For example, in 2019, Kosovo had a general rate of 24.7%, Senegal had arate of 22.8%, while Albania had 10.7%.

422

423
424

425

426

427

CNDA, Decision N° 19009476 R, 19 November 2020 available in French at :https://bit.ly/2KCsYXX; CNDA, Decision N° 18054661 R, 19 November 2020, available in French
at: https://bit.ly/3d5uJsB.
Eurostat, [migr_asypenctzm]
EASO, Afghanistan Security situation – COI Report, September 2020, available at:https://bit.ly/3aixrJL.
Senate, Reply to written question n. 05842, 24 January 2019, available in French at:https://bit.ly/2GRdMlI.
ECRE, ‘France to assist Greece where situation continues to worsen’, 20 December 2019, available
at: https://bit.ly/31u27By.
IOM, ‘Voluntary relocation scheme from Greece to other European countries’, Factsheet, 3
February 2021. https://bit.ly/2Z2JB2B.

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Reception Conditions
Short overview of the reception system
OFII (Office français de l’immigration et de l’intégration) is the administration responsible for the receptionof asylum seekers. All asylum seekers are referred to OFII after being registered as asylum seekers by
Prefectures.
OFII interviews asylum seekers to assess whether they are eligible to reception conditions. If so, they will
be directed to accommodation. In practice, the orientation of asylum seekers to accommodation takes
place in the days or weeks following the OFII interview, but only half of them are accommodated inreception centers for asylum seekers. OFII is also in charge of fixing and granting financial allowances.
Payment starts after the registration of the asylum claims at the OFPRA. The asylum claim must be sent
to OFPRA in a maximum time of 21 days after registration by the Prefecture.
Asylum seekers are only accommodated when there is enough capacity. Yet, places are currently
insufficient as a result of which OFII must prioritise cases based on individual circumstances andvulnerability. Persons entitled to reception following a decision from OFII can stay in the centre for 6
months if they are granted international protection or for 1 month if their claim is rejected.
Accommodation centres for asylum seekers provide rooms to sleep and cook (usually common kitchens)
as well as assistance from social workers on legal and social issues. Each centre is different, ranging
from large buildings with offices and bedrooms or apartments at different locations.
There are different types of accommodation centres :- CAES (centres d’accueil et d’évaluation des situations): these are transit centres which aim toprovide a quick access to reception while evaluating ones’ personal situation so that he or she
can be re-directed accordingly;- CADA (centres d’accueil pour demandeurs d’asile): these are accommodation centres for all
asylum seekers, with the exception of those subject to a Dublin procedure;- HUDA (lieux d’hébergement d’urgence pour demandeurs d’asile): these are centres for all
applicants, including Dublin applicants.
On 18 December 2020, the Ministry of Interior published its 2021-2023 national reception plan for asylum
seekers and the integration of refugees.428 This plan makes it possible to adapt the reception policy to themigration context and to the specific characteristics of the regions, inter alia through a better distributionof asylum seekers across national territory. It is based on two pillars: better accommodation and support.

428

Ministry of Interior, Schema national d’accueil des demandeurs d’asile et d’intégration des réfugiés,
18 Decembre 2020, available in French at : https://bit.ly/3piiYl0.

95

A. Access and forms of reception conditions
1. Criteria and restrictions to access reception conditions
Indicators: Criteria and Restrictions to Reception Conditions
1. Does the law make material reception conditions to asylum seekers in the following stages of
the asylum procedure?
❖ Regular procedure
Yes
Reduced material conditionsNo❖ Dublin procedure
Yes
Reduced material conditions
No❖ Border procedure
Yes
Reduced material conditionsNo❖ Accelerated procedure
Yes
Reduced material conditions
No❖ Appeal
Yes
Reduced material conditions
No❖ Subsequent application
Yes
Reduced material conditions
No
2. Is there a requirement in the law that only asylum seekers who lack resources are entitled tomaterial reception conditions?
Yes
No
The law establishes a national reception scheme, managed by the French Office on Immigration andIntegration (OFII).429 This scheme ensures the distribution of accommodation places for asylum seekers
throughout the national territory, and their allocation thereto. In parallel and in compliance with the national
reception scheme, regional schemes are defined and implemented by Prefects in each region.
All asylum seekers are offered material reception conditions under Article L.744-1 Ceseda. This provisionapplies to all asylum seekers even if their claim is channelled under the accelerated or Dublin procedure.
The only exception is that asylum seekers under the Dublin procedure do not have access to reception
centres for asylum seekers (CADA). Subsequent applicants are entitled to material reception conditions
only if their claim has been deemed admissible.
After having registered their claim at the Prefecture, asylum seekers receive the asylum claim certificationthat allows them to remain legally on the French territory until:- The end of the asylum procedure;- A negative first instance decision for inadmissible claims and certain categories of claims rejectedin an accelerated procedure – safe country of origin, subsequent application, threat to public orderor national security;- Their transfer to another Member State under the Dublin Regulation.
Meanwhile, they are entitled to material reception conditions, adapted if needed to their specific needs.
The GUDA has been set up in order to better articulate the registration of asylum claims by the Prefecture
and provision of reception conditions by OFII.
During COVID-19, the access to reception conditions was hindered as a result of the suspension ofregistration activities. Thus, from mid-March to the beginning of May 2020, access to reception centres
was limited to asylum seekers registered prior to the lockdown, albeit with the difficulties described above- such as a limited reception capacity - which were further exacerbated by other factors – such as fewer
exits from the centers because the authorities requested the managers of centres to hold rejected asylum
seekers and refugees in the reception centers. This situation was criticised by NGOs.430 As regards people
without accommodation (i.e. asylum seekers, refugees and homeless persons including nationals), many
places in emergency housing were opened during this period to reduce homelessness.

429
430

Article L.744-2 Ceseda.
See e.g. Forum réfugiés-Cosi, ‘L'impact de la crise sanitaire sur le droit d'asile en France.Constats
et recommandations.’, Policy note, 4 May 2020, available in French at : https://bit.ly/3rlky7M.

96

1.1. Asylum seekers’ financial contribution
Accommodation fees for asylum seekers are covered by the State. However, accommodated asylum
seekers whose monthly resources are above the monthly rate of the Active Solidarity Income (Revenu de
Solidarité Active, RSA), €559.74 for a single adult, pay a financial contribution for their accommodation.
In addition, organisations managing reception facilities are entitled to require a deposit for theaccommodation provided under certain conditions. The deposit is refunded, totally or partially, to theasylum seeker when he or she leaves the reception facility. A Decree of 15 November 2016 states thedeposit will not be paid back if the asylum seekers stay longer than allowed in accommodation centres,that is 1 month if their claim is rejected and 6 months if protection is granted.431

2. Forms and levels of material reception conditions
Indicators: Forms and Levels of Material Reception Conditions
1. Amount of the monthly financial allowance/vouchers granted to single adults asylum seekers asof 31 December 2020:❖ Asylum seekers in accommodation
204 €❖ Asylum seekers without accommodation
426 €Different forms of material reception conditions exist in the law. They include accommodation in reception
centres and a financial allowance. This section will refer to the forms and levels of financial assistanceavailable to asylum seekers.
The law excludes asylum seekers from the granting of all family-related welfare benefits as the asylum
claim certification provided to asylum seekers is not listed in the permits that give eligibility to thesebenefits.432 Asylum seekers are also not eligible for receiving the social welfare allowance, the so-called
Active Solidarity Income (RSA), granted to individuals over 25 years old who do not have resources or
have very low incomes.
The allowance for asylum seekers (allocation pour demandeur d’asile, ADA)433 is granted to asylum
seekers above 18 years old,434 who accept material conditions proposed by OFII and remain eligible forreception conditions. Only one allowance per household is allowed. 435 The payment of the allocation ends
at the end of the month of the decision ending the right to remain on the territory.436
The amount of ADA is calculated on the basis of resources, type of accommodation provided and age
criteria. Family composition, in particular the number of children, is taken into account in the calculationof ADA.437 The total amount of ADA is re-evaluated once a year, if needed, to take into account the
inflation rate.

431

432
433
434
435
436
437

Decree NOR: INTV1630817A of 15 November 2016 on the application of Article L.744-5 Ceseda,
available in French at: http://bit.ly/2jGFPbS.
Article 512-2 Social Security Code.
Article L.744-9 Ceseda.
Article D.740-18 Ceseda.
Article D.744-25 Ceseda.
Article L.744-9 Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.
Ibid.

97

The daily amount of ADA is defined upon application of the following scale: 438
ADA rate by household composition
Persons

Daily rate

16.80 €

2

10.20 €

3

13.60 €

4

17 €

5

20.40 €

6

23.80 €

7

27.20 €

830.60 €

9

34 €

10

37.40 €

An additional daily rate is paid to adult asylum seekers who have accepted to be accommodated but who
cannot be accommodated through the national reception scheme. Following successive rulings of theCouncil of State annulling the previous provisions due to the inadequacy of the set amount (4.20 € and5.40 € respectively),439 the current amount granted is 7.40 € per day.440 This amount remains really low
and renders the access to accommodation on the private market almost impossible.
ADA is paid to asylum seekers on a monthly basis directly by OFII on a card, similar to a debit card thatcan be used by asylum seekers. It is not necessary for asylum seekers to open a bank account to benefit
from ADA (except in some cases where asylum seekers are overseas) and use the card. 441 Many
problems which persisted in 2020 have been raised by local stakeholders regarding ADA. On manyoccasions, the allowance has been paid late. In addition, some asylum seekers are not familiar with using
a bank card or a cash machine. In some accommodation centres, asylum seekers do not receive thesame amount even if they are in similar situation (e.g. same date of arrival and registration, same family
composition or same duration of accommodation in the centre). These issues can create tensions
between asylum seekers and may expose social workers to a lot of pressure and complicate their work.
Moreover, it is really difficult to interact with OFII, according to local NGOs, to resolve such problems.
Despite the presence of local representations of OFII in regions, they usually do not intervene at the levelof the allowance distribution (although it should be noted that there are some exceptions, where OFII’s
offices are accessible to asylum seekers in certain cities such as Lyon, Clermont-Ferrand or Toulouse).
The starting point of the calculation of the allowance is the date of signature of acceptance of material
conditions offered by OFII, which may occur normally when applicants go to the GUDA for registration.
The effective payment usually starts when the asylum seeker produces the proof of his or her asylum
claim being lodged with OFPRA. The payment is supposed to retroactively take into account the timespent between the registration at Prefecture and the sending of the asylum claim to OFPRA. In practice,many issues have been reported in this regard as well. The amounts do not correspond to theaforementioned period or the first payments are provided at a very late stage. In addition, OFII sometimes
requests late repayment of undue payments, and consequently puts asylum seekers in important financial
difficulties.

438
439
440

441

Annex 7-1 Ceseda.
Council of State, Decision No 394819, 23 December 2016; Decision No 410280, 17 January 2018.
Decree n. 2018-426 of 31 May 2018 bringing various provisions relating to the asylum seeker
allowance.
Article D.744-33 Ceseda.

98

Moreover, the credit card on which the financial allowance is being provided can no longer be used forthe withdrawal of cash since November 2019. The card can only be used for payments, both online andin shops. This development limits the possibility for asylum seekers to use their money and has beenstrongly criticized by NGOs. As a result, asylum seekers cannot buy food in local markets or small shops
nor clothing in second hands shops, or pay for public transportation when there are no electronic means
available, or pay a deposit in cash for a rent. Moreover, in summer 2020, all asylum seekers had to change
their card due to a technical issue.
In case of a subsequent application or if the asylum claim has not been introduced within 90 days, ADA
can be refused.442
As of the end of December 2020, a total of 145,253 asylum seekers benefitted from ADA (compared to151,386 at the end of 2019).443

3. Reduction or withdrawal of reception conditions
Indicators: Reduction or Withdrawal of Reception Conditions
1. Does the law provide for the possibility to reduce material reception conditions?
Yes
No
2. Does the legislation provide for the possibility to withdraw material reception conditions?
Yes
No
The law describes the procedure to be followed by the management of reception centres and by thePrefect once a decision on the asylum claim which ends the right to remain has been adopted.444 OFII
informs the management of the reception centre where the asylum seeker is accommodated that the rightto reception conditions has ended and that the provision of accommodation will be terminated upon a
specific date, rejected asylum seeker can formulates a demand to remain 1 month in order to have time
to plan the exit of the centre.
Apart from the withdrawal of reception conditions by the end of the right to remain, specific conditions aredefined allowing for the reduction or withdrawal of material reception conditions, concerning bothaccommodation and ADA.
According to Articles L.744-7 and L.744-8 Ceseda, as amended in 2018, material reception conditions
can be refused or withdrawn where the applicant:
1. Without legitimate reason, has not presented him or herself to relevant authorities when required,
has not responded to an information request or has not attended interviews related to the asylum
application;445
2. Has provided false statements concerning his identity or personal situation, in particular his or
her financial situation;446
3. Has made a subsequent application or, without legitimate reason, has not made an application
within 90 days of entry into the French territory; 447
4. Exhibits violent behaviour or serious disrespect of the house rules of the centre. 448
OFII is competent to decide on the suspension, withdrawal or refusal of material reception conditions.
According to the law, only the decision of refusal of reception conditions must be written and motivated
442
443
444
445
446
447
448

Article D.744-37 Ceseda.
OFII, Indicators December 2020, published on OFII’s official Twitter account.
Article R.744-12 Ceseda.
Article L.744-7 Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.
Article L.744-8(1) Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.
Article L.744-8(2) Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.
Article L.744-8(1) Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.

99

but the Council of State ruled in 2019 that this guarantee also applies to withdrawal decisions inaccordance with European law.449 A letter stating the intention to suspend material reception conditions
is sent to the asylum seeker, who then has 15 days to challenge this decision through an informal appeal(i.e. written observations). All decisions relating to the refusal or withdrawal of reception conditions canbe appealed before the Administrative Court under the common rules of administrative law.
In cases of subsequent applications, some Prefectures systematically reduce reception conditions to theasylum seekers. In Lyon, Marseille, Paris and its surroundings, no subsequent claimants can benefit
from reception conditions. In a few cases, subsequent claimants can benefit from these conditions after
demonstrating their particular vulnerability and their specific needs in terms of accommodation. 450 It isalso possible after these 15 days to lodge an appeal before the administrative court.
The management of reception centres has to inform OFII and the Prefect of the Département in case ofa prolonged and not motivated absence from the reception centre of an asylum seeker, as well as any
violent behaviour or serious disrespect of the community life rules. 451
In French law, there is no official possibility to limit the reception conditions on the basis of a large numberof arrivals.

4. Freedom of movement
Indicators: Freedom of Movement
1. Is there a mechanism for the dispersal of applicants across the territory of the country?
Yes
No
2. Does the law provide for restrictions on freedom of movement?

Yes

No

Asylum seekers benefit from freedom of movement in France; except for persons who introduce anasylum application in an administrative detention centre or who are under house arrest, for instanceasylum seekers under Dublin procedure (see Chapter on Detention of Asylum Seekers).
However, reception conditions are offered by OFII in a specific region where the asylum seeker is required
to reside. Following the 2018 reform, allocation to a specific region can be conducted even if the applicant
is not offered an accommodation place.452 Non-compliance with the requirement to reside in the assigned
region entails a termination of reception conditions. Freedom of movement is therefore restricted to aregion defined by OFII. In practice, these new measures are only applicable since January 2021 following
the publication of a new national reception scheme.453 However, the Ministry of Interior the ensured that
this regional assignment would only be applied as long as accommodation is secured.
The national reception scheme assigns a reception centre or a region to asylum seekers, taking into
account as much as possible the vulnerability assessment made by OFII and the general situation of theasylum seeker. The assignment to a reception centre is an informal decision, meaning that no
administrative act is issued to asylum seeker. Therefore it cannot be appealed.
In practice, most asylum seekers are concentrated in the regions with the largest numbers of reception
centres, namely in Grand-Est, Auvergne-Rhône Alpes, and Ile de France. The aim of the new scheme
proposed in December 2020 is to better distribute asylum seekers across the territory, i.e. starting by the
distribution from Ile de France to other regions.

449
450
451
452
453

Council of State, Decision 428530, 31 July 2019, available in French at: https://bit.ly/2GFaSiB.
Article L.744-8 Ceseda.
Article R.744-11 Ceseda.
Article L.744-2 Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.
Ministry of Interior, ‘Schéma national d’accueil des demandeurs d’asile et d’intégration des réfugiés
2021-2023’, 17 December 2020, available in French at : https://bit.ly/3tOyhFK.

100

Persons may have to move from emergency facilities, possibly to a transit centre (CAES) to finally settle
in a regular reception centre (gradually progressing to more stable housing).
Restrictions of freedom of movement during health crisis were not different from those applicable tonationals.

B. Housing
1. Types of accommodation
Indicators: Types of Accommodation
1. Number of reception centres:
Not available
2. Total number of places in the reception centres:❖ CADA
43,632❖ HUDA
51,796❖ CAES
3,136
3. Total number of places in private accommodation:

Not available

4. Type of accommodation most frequently used in a regular procedure:
Reception centre
Hotel or hostel
Emergency shelter
Private housing

Other

5. Type of accommodation most frequently used in an accelerated procedure:
Reception centre
Hotel or hostel
Emergency shelter
Private housing

Other

Decisions for admission in accommodation places for asylum seekers, as well as for exit from or
modification of the place of residence, are taken by OFII after it has consulted with the Director of theplace of accommodation. The specific situation of the asylum seeker has to be taken into account.
Accommodation facilities for asylum seekers under the national reception scheme (dispositif nationald’accueil, DNA) are:(a) Accommodation centres for asylum seekers (CADA);(b) Emergency accommodation for asylum seekers (HUDA, AT-SA, PRAHDA, CAO);(c) Reception and administrative situation examination centres (CAES).
Asylum seekers accommodated in these facilities receive a certification of address (attestation dedomiciliation).454 This certification is valid for one year and can be renewed if necessary. It allows theasylum seeker to open a bank account and to receive mail.
According to the national reception scheme principle, an asylum seeker who has registered his or her
claim in a specific Prefecture might not necessarily be accommodated in the same region. The asylum
seeker has to present him or herself to the accommodation place proposed or the region assigned by
OFII within 5 days. If not, the offer is considered to be refused and the asylum seeker will not be entitledto any other material reception conditions.
The management of reception centres is subcontracted to the semi-public company Adoma or to NGOs
that have been selected through a public call for tenders, such as Forum réfugiés – Cosi, France terred’asile, l’Ordre de Malte, Coallia, French Red Cross etc. These centres fall under the French social
initiatives (action sociale) and are funded by the State. Their financial management is entrusted to thePrefect of the Département.

454

Article R.744-1 to R.744-4 Ceseda.

101

As of the end of 2020 the national reception scheme had the following capacity across the different
regions:
Capacity of the national reception scheme: 31 December 2020
RegionCADA

Emergency

CAES

Total

Auvergne Rhône-Alpes

5,852

6,268

204

12,324

Bourgogne Franche-Comté

3,163

2,468

60

5,691

Bretagne

2,193

1,890

110

4,193

Centre-Val-de-Loire

2,179

1,613

76

3,868

Grand Est

5,280

8,264

370

13,914

Hauts de France

2,751

3,061

420

6,232

Ile de France

5,760

12,676894

19,330Normandie

2,392

2,511

200

5,103

Nouvelle Aquitaine

4,515

3,512

202

8,229

Occitanie

4,206

3,147

200

7,553

Pays de la Loire

2,582

2,950

200

5,732

Provence-Alpes-Côte d’Azur

2,759

3,436

200

6,395

Total

43,632

51,796

3,136

98,564

Source: Ministry of Interior, ‘Information relating to the management of the accommodation facilities for asylum
seekers and refugees’, 15 January 2021, available in French at: https://bit.ly/2ZjKsfP.

In 2020 the number of asylum seekers accommodated remained far below the number of persons
registering an application. At the end of the year, the Ministry of Interior stated that 51% of asylum seekers
eligible to material reception conditions – i.e. 145,253 persons in total at the end of December 2020 were effectively accommodated compared to 48% at the end of 2019. 455 If we add asylum seekers who
do not benefit from reception conditions, we can consider that at least 90,000 asylum seekers were notaccommodated in France as of the end of 2020.
In 2018, only 44% of asylum seekers registered by Prefectures in 2018 effectively obtaining
accommodation. ECRE’s report on the reception conditions of refugees and asylum seekers in Europe
demonstrates that France has consistently fallen short of its obligations to provide accommodation to all
asylum seekers on its territory, despite a considerable expansion of its reception infrastructure and aproliferation of types of accommodation.456 Following figure provides an overview of the evolution of firsttime asylum applicants registered with OFPRA and capacity in France:

455

456

French Government, Budget law 2021, Annex. October 2020, available in French at :https://bit.ly/3d1P4zd.
ECRE, Housing out of reach? The reception of refugees and asylum seekers in Europe, April 2019,13, available at: https://bit.ly/2RK0ivp, 13.

102Asylum applications and reception capacity in France
132.614111.415
98.56491.96570.57054.26560.47558.84576.79086.59298.56486.62077.18254.14543.89521.41023.36926.811

2012

2013

2014

2015

2016

First applicants

2017

2018

2019

2020

Capacity

It shows that a substantial number of applicants were left out of accommodation every year. Thesepersisting issues raise questions of compliance with the Reception Conditions Directive as reception
conditions should ensure an adequate standard of living for applicants. As regards the decrease of firsttime applicants in 2020, it is largely due to the impact of COVID-19 and does not reflect the fact thatreception capacity is still lacking, given that many other asylum seekers were already present on the
territory.
In practice, it remains the case that many reception centres have been organised to receive families orcouples, thereby making it difficult for single men or women, to be accommodated. Moreover, if the asylum
seeker has not succeeded in getting access to a reception centre before lodging his or her appeal, thechances of benefitting from one at the appeal stage are very slim. In case of a shortage of places, asylum
seekers may have no other solutions than relying on night shelters or living on the street. The
implementation of the national reception scheme intends to avoid as much as possible cases whereasylum seekers are homeless or have to resort to emergency accommodation in the long run, yet gaps
in capacity persist.
At the end of 2020, 10% of the places in accommodation centers were occupied by individuals who wereno longer authorised to occupy these places such as rejected asylum applicants or beneficiaries ofinternational protection after the period of authorized presence, and 4% of the places were vacant. 457
4,500 new places (3,000 in CADA and 1,500 in CAES) will further be opened for asylum seekers in
2021.458

1.1.

Reception centres for asylum seekers (CADA)

Asylum seekers having registered a claim are eligible to stay in reception centres. Asylum seekers undera Dublin procedure are excluded from accessing these centres. CADA can be either collective or
individualised housing, within the same building or scattered in several locations. Reception centres canbe either collective or individualised housing, within the same building or scattered in several locations. A
place in the centres for asylum seekers is offered by OFII once the application has been made.
457

458

French Government, Budget law 2021, Annex, October 2020, available in French at:https://bit.ly/3d1P4zd, 24
Ministry of Interior, ‘Information relating to the management of the accommodation facilities for
asylum seekers and refugees’, 15 January 2021, available in French at: https://bit.ly/2ZjKsfP.

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At the end of 2019, out of a total 41,342 places in CADA, 16% were beneficiaries of international protection
and 7.6% were rejected asylum seekers (in authorised stay or not).459 More recent statistics are notavailable.

1.2.

Emergency reception centres

Given the lack of places in regular reception centres for asylum seekers, the State authorities havedeveloped emergency schemes. Different systems exist:
1. A decentralised emergency reception scheme: emergency accommodation for asylum seekers(hébergement d’urgence dédié aux demandeurs d’asile, HUDA), counting 46,445 emergency
accommodation places at the end of 2020. Capacities provided by this scheme evolve quickly
depending on the number of asylum claims and capacities of regular reception centres. A part ofthis places are in hotel rooms.
2. Reception and accommodation programme for asylum seekers (programme regional d’accueilet d’hébergement des demandeurs d’asile, PRAHDA), managed at national level. It consists ofhousing, in most cases in former hotels, for 5,351 persons who have applied for asylum or who
wish to do so and who have not been registered.
Asylum seekers who fall under the Dublin procedure in France can in theory benefit from emergency
accommodation up until the notification of the decision of transfer, while Dublin returnees are treated as
regular asylum seekers and therefore benefit from the same reception conditions granted to asylum
seekers under the regular or the accelerated procedure. In practice, however, many persons subject to
Dublin procedures (applicants or returnees) live on the streets or in squats because of the overall lack ofplaces.

1.3. Reception and administrative situation examination centres (CAES)
A new form of accommodation has emerged in 2017 Reception and Administrative Situation Examination
Centres (centres d’accueil et d’examen de situation administrative, CAES) combine accommodation withan examination of the person’s administrative situation, in order to direct the individual to otheraccommodation depending on whether he or she falls within an asylum procedure, a Dublin procedure ora return procedure. Almost 3,000 places in such shelters have been created in 2018 and 150 new placesin 2019. 3,136 places were available at the end of 2020. In some regions, CAES are designed for people
coming from camps, while in others they serve vulnerable asylum seekers whose application has beenregistered, pending referral to CADA or emergency reception. No further data on the activity of CAES areavailable, as the OFII considers this places as ‘unstable’ and therefore does not take them into accountin the reception system described in its activity report.

1.4.

Asylum seekers left without accommodation

Despite the increase in reception capacity and creation of new forms of centres, a number of regions
continue to face severe difficulties in terms of providing housing to asylum seekers. As stated above, only
about 51% of asylum seekers eligible for material reception conditions were accommodated at the end of
2020.
In Paris, there are still several informal camps as of early 2021, despite many dismantlement operations
by the authorities. In January 2020, authorities lead the 60 th dismantlement operation since 2015 and1,436 migrants have thus been accommodated in emergency centers following the operation. 460 On 17
459
460

OFII, 2019 Activity report, available in French at: https://bit.ly/3aUFHP1, 28.
Prefecture de Police, Press release, 28 January 2020, available in French at: https://bit.ly/2UcN4uv.

104

November 2020, a camp with about 2,800 migrants has been dismantled near Paris but solutions were
not offered to everyone.461 As a result, on 23 November 2020, about 500 migrants (mainly fromAfghanistan) supported by NGOs have settled in a large square in Paris (Place de la République) toprotest and request accommodation solutions. The evacuation of the square was carried out with the useof excessive force including attacks with teargas, shock grenades and truncheons against migrants,
journalists and protestors. The French Human Rights Defender (Défenseur des droits) ensuring humanrights and freedom under the French constitution as well as the General Inspectorate of the National
Police (Inspection générale de la Police nationale – IGPN) launched investigations. The Council of Europe
Commissioner for Human Rights, Dunja Mijatović also confirmed that she is following them closely.462 The
conduct by police has been widely condemned by NGOs and politicians.463
In Calais, regular dismantlement operations have been carried out since 2015, as described in theprevious updates of this report. Yet, hundreds of migrants were still living in makeshift camps in Calais
area throughout 2020. In January 2020, NGOs stated that 850 migrants were in Calais and surrounding,464
and in July 2020, this number increased to 1,200 migrants according to NGOs (700 to 750 according toauthorities).465 Following a visit to the informal camp in Calais in September 2020, carried out upon therequest of 13 NGOs, the French Public Defender of Rights noted sub-standard living conditions.466 An
estimated 1,200-1,500 people, including women with young children and unaccompanied children, were
sleeping in the woods, including in bad weather conditions. They experienced harassment by police during
evacuations. Sanitary facilities were far from living areas, with only one water point; and measures tocontain the spread of COVID-19 were insufficient. The Public Defender of Rights expressed particularconcerns about the situation of women and children. The lack of specific facilities for women makes them
particularly vulnerable to sexual exploitation and gender-based violence. Children, some only 12-14 years
old, were at risk of falling prey to illegal networks.467
At the end of September 2020, the largest dismantlement operation since 2016 took place in Calais with
about 800 migrants directed to accommodation centres. 468 According to figures from Human Rights
Observers (HRO), a non-profit that monitors police evictions in northern France, 973 evictions took placein Calais in 2020, with police confiscating and destroying belongings. In December alone, 526 tents wereseized, and 41 arrests were made.469 Reports of abuse, excessive force and violence have describedchildren being teargassed, a person inside a tent being dragged by a tractor, and a man shot in the facewith a rubber bullet from 10 metres, hospitalising him for two months.470 These evictions have contributed

461

462
463

464

465

466

467

468

469

470

Le Monde, ‘Evacuation d’un campement de plus de 2 800 migrants au pied du Stade de France’,
17 November 2020, available in French at : https://bit.ly/3jM8eug.
Commissioner for Human Rights on Twitter: https://bit.ly/3qluuO4.
Le Monde, ‘Le point sur l’évacuation du camp de migrants à Paris : coups de matraque et « chasseà l’homme », indignation politique et enquêtes de l’IGPN’, available in French at :https://bit.ly/3rVwdKr.
Infomigrants, ‘Opération de "mise à l’abri" à Calais après un mois d’évacuations successives’, 28January 2020. Available in French at : https://bit.ly/38WPzoG.
La Voix du Nord, ‘Migrants de Calais: tensions lors de démantèlements de campements ce
vendredi’, 10 July 2020, available in French at : https://bit.ly/3rJXhfu.
Médecins du Monde, ‘Exilés de Calais : Les associations saisissent la Défendeure des Droits et
les Nations Unies’, 17 August 2020, available in French at : https://bit.ly/3jNMUEH.
French Public Defender of Rights, Decision n°2020-179, 18 September 2020, available in French
at: https://bit.ly/3rTYmkP.
Le Monde, ‘A Calais, un campement de migrants démantelé, les associations dénoncent une« opération de communication »’, 29 September 2020, available in French at :https://bit.ly/3aZ9PbU.
ECRE, ‘France: Calais Evictions Continue Despite Winter, Family Reunifications Continue to be
Blocked’, 15 January 2021, available at: https://bit.ly/2ZhR7Hc.
The Guardian, ‘'Like torture’: Calais police accused of continued migrant rights abuses’, 13 January
2021, available at: https://bit.ly/3dcYnML; ECRE, ‘France: Evictions Continue amid WinterEmergency while Council of State Allows Preventing Media Access’, 12 February 2021, available
at: https://bit.ly/3s0KQfv.

105

to pushing hundreds of migrants into the streets without any shelter, while weather conditions during
winter have become very harsh.
In recent years, Courts have also condemned the situation in Calais. In July 2017, the Council of State
ruled that state deficiencies in Calais exposed migrants to degrading treatment and enjoined the State to
set up several arrangements for access to drinking water and sanitary facilities.471 In a report publishedin December 2018, the Ombudsman denounced a "degradation" of the health and social situation of
migrants living in camps in the north of France, with “unprecedented violations of fundamental rights”. 472
On 21 June 2019, the Council of State ordered the northern prefecture of France to adopt importantsanitary measures to support around 700 migrants living near a sport hall of the commune of GrandeSynthe. The application to proceedings for interim measures had been filed by 9 civil-society
organisations and the commune of Grande-Synthe. It demonstrated that both the inhumane living
conditions of the migrants and the failure to act of the Government were a violation of the migrant’s
fundamental rights.473 Following the decision of the Council of State, the French prefect had 8 days toadopt numerous sanitary measures such as installing water points, showers and toilets, but also to provide
information to migrants on their rights in a language they understand.
On 10 February 20201, the National Consultative Commission on Human Rights (CNCDH) issued an
opinion where it stated that, five years after its previous visit on site, the dignity of the people exiled in
Calais and Grande-Synthe is still being violated. It confirms that in 2020 more than 1,000 evictions werecarried out in Calais, and 33 evictions in Grande Synthe. Access to drinking water, food, showers, toilets
as well as basic health services is not guaranteed. It calls for the re-establishment of a dialogue andcooperation between all the stakeholders involved in order to ensure the protection and dignity of theconcerned individuals. It also recalls the best interest of the child and the necessity to introduce
guarantees for unaccompanied minors as well as vulnerable groups such as women or victims of humantrafficking.474
In some other cities (Nantes, Grande Synthe, Metz) migrants often live in the street. Some of them are
asylum seekers eligible for accommodation centers but not housed due to the lack of places. The issueof homelessness in France has also been scrutinised by the European Court of Human Rights (ECtHR).
On 2 July 2020, the ECtHR published its judgment in N.H. and others v France concerning the living
conditions of homeless asylum applicants as a result of the failures of the French authorities. The caseconcerns 5 single men of Afghan, Iranian, Georgian and Russian nationality who arrived in France on
separate occasions. After submitting their asylum applications, they were unable to receive material andfinancial support and were therefore forced into homelessness. The applicants slept in tents or in otherprecarious circumstances and lived without material or financial support, in the form of Temporary
Allowance, for a substantial period of time. All of the applicants complained, inter alia, that their living
conditions were incompatible with Article 3 ECHR.475 However, in the case of B.G. and others v. France,
the ECtHR unanimously ruled on 10 September 2020 that, inter alia, the living conditions in a French tent
camp on a carpark did not violate Article 3 ECHR. 476

471
472

473

474

475

476

Council of State, Order No 412125, 31 July 2017.
Ombudsman, Exiles et droits fondamentaux, trois ans après le rapport Calais, 19 December 2018,available at: https://bit.ly/2GIf7uS.
France TV Info, ‘Nord : la préfecture condamnée à prendre des mesures sanitaires et à organiser
des maraudes pour les migrants à Grande-Synthe’, 21 June 2019, available in French at :https://bit.ly/2w0zPTL.
National Consultative Commission on Human Rights (CNCDH), Calais et Grande-Synthe Les
atteintes à la dignité et aux droits fondamentaux des personnes exilées doivent cesser, 11 February
2021, available in French at: https://bit.ly/3jTdTPg.
European Court of Human Rights published, N.H. and others v France (Application No. 28820/13),
2 July 2020, see EDAL summary at: https://bit.ly/3ppxQhw.
ECtHR, B.G. and others v. France (Application no. 63141/13), 10 September 2020, see EDAL
summary at: https://bit.ly/37eckGi.

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1.5.

Evolution of the capacity of the different types of accommodation

Although the capacity of CADA – the main form of reception for asylum seekers - has been steadily
developed throughout the years, France has exponentially increased the capacity of emergency
accommodation through the creation of PRAHDA and the expansion of local HUDA from 11,829 places
in mid-2016 to 51,796 places at the end of 2020.477
This means that the emergency accommodation network (PRAHDA, HUDA) is more important than the
CADA and formally forms part of the national reception system. It appears therefore that “emergency
accommodation” in France no longer serves the purpose of temporarily covering shortages in the normal
reception system. In fact, as already explained, it is the default form of accommodation for certain
categories of asylum seekers such as those under a Dublin procedure, since they are excluded altogether
from CADA.478

2. Conditions in reception facilities
Indicators: Conditions in Reception Facilities
1. Are there instances of asylum seekers not having access to reception accommodation becauseof a shortage of places?
Yes
No
2. What is the average length of stay of asylum seekers in the reception centres?
3. Are unaccompanied children ever accommodated with adults in practice?

524 days479
Yes

No

The activities and tasks entrusted to all reception centres are defined in a decree of December 2018 andinclude:480- Accommodation;- Information about rights and obligations in the centre;- Information on the asylum procedure;- Information on health;- Information on reception rights;- Accompaniment for schooling of children;- Social, voluntary and recreational activities;- Preparation and organisation of exit from accommodation.
However, the budget allocated to these centres varies from 15 € to 25 € per person according to the typeof accommodation, and activities vary widely in practice.

2.1. Conditions in CADA
Although the use of other types of accommodation has consistently increased throughout recent years(see
Evolution of the capacity of the different types of accommodation), CADA are the main form ofaccommodation provided to asylum seekers. They include both collective and private accommodations
that are located either within the same building or in scattered apartments. In 2020, there were 46,632
places in CADA spread across the French territory, therefore the following description is a general
assessment that cannot cover the specific situation to be found in all CADA.
Living conditions in regular reception centres for asylum seekers are deemed adequate, and there are noreports of overcrowding in reception centres. The available surface area per applicant can vary but has
477
478
479
480

Ibid.
Ibid.
This refers to CADA in 2019.
Article R.744-6-1 Ceseda, inserted by Article 18 Decree n. 2018-1159 of 14 December 2018.

107

to respect a minimum of 7.5 m2 per person.481 A bedroom is usually shared by a couple. More than 2children can be accommodated in the same room. Centres are usually clean and have sufficient sanitaryfacilities. Asylum seekers in these centres are usually able to cook for themselves in shared kitchens.
The staff working in reception centres also has the obligation to organise a medical check-up upon arrivalin the reception centre. In the context of the application of the reform of the law on asylum.482
The staff ratio is framed by the 2019 Decree; a minimum of 1 fulltime staff for 15 persons is required. Staff
working in reception centres is trained.
Awareness-raising sessions are sometimes organised in the reception centres and the “planned
parenthood” (Planning Familial) teams sometimes conduct trainings on the issue of gender based
violence. In some reception centres, there are information leaflets and posters on excision and forced
marriages.
The average length of stay in CADA in 2019 was 524 days,483 (compared to 451 in 2018, 424 days in2017 and 484 days in 2016). The average length of stay in CADA in 2020 was not available.

2.2. Conditions in emergency centres
In asylum seekers’ emergency centres, unlike the housing of asylum seekers in hotels, facilities offer at
least some sort of administrative and social support. In theory, only accommodation is provided in thecontext of these emergency reception centres. Food or clothing services may be provided by charities.
However, reception conditions within the emergency facilities are similar to those in regular reception
centres.484
Where centres are overcrowded, applicants can also be accommodated in hotel rooms. To illustrate, 13%of places in HUDA were in hotel rooms at the end of 2020. 485
Conditions vary substantially across the different types of facilities. As regards CAO, a 2017 evaluation
by UNHCR has reported living conditions in CAO to be satisfactory overall. 486
In 2019, a new inter-ministerial instruction was issued and obliges emergency accommodation centres
for homeless persons (which differs from emergency centers for asylum seekers) to communicate the listof people accommodated there to the OFII.487 This measure risks calling into question the principle ofunconditional reception of migrants, as undocumented migrants may no longer approach the emergency
shelters if they know that they will be flagged to the authorities. The National Consultative Commission
on Human Rights (CNCDH) also requested the withdrawal of this instruction on the same legal grounds,
further contending that it violates the country’s international obligations relating to human rights of
migrants.488 According to the Ministry of Interior, information transmission “remains insufficient and

481

482
483
484

485

486
487

488

Arrêté du 15 Juin 2019 sur le cahier des charges CADA, available in French at:https://bit.ly/2RIU2FW.
Ibid.
OFII, 2019 Activity report, 29Arrêté du 15 février 2019 sur le cahier des charges HUDA, available in French at:https://bit.ly/2F52kAi.
Ministry of Interior, ‘Information relating to the management of the accommodation facilities for
asylum seekers and refugees’, 15 January 2021, available in French at : https://bit.ly/2ZjKsfP.
UNHCR, L’expérience des centres d’accueil en France, October 2017, 19-20.
Inter-ministerial instruction of 4 July 2019 on the cooperation between Integrated reception andorientation services (SIAO) and the OFFI as regards the reception of asylum seekers andbeneficiaries of international protection, available in French at : https://bit.ly/2TFR8T6.
CNCDH, ‘Cooperation between emergency centres and the OFII’, available in French at:https://bit.ly/2W0PfC5.

108

heterogeneous, especially in Ile-de-France region” as only 2,204 asylum seekers had been identified inemergency accommodation centers from October 2019 to December 2020. 489

C. Employment and education
1. Access to the labour market
Indicators: Access to the Labour Market
1. Does the law allow for access to the labour market for asylum seekers?
❖ If yes, when do asylum seekers have access the labour market?

YesNo
6 months

2. Does the law allow access to employment only following a labour market test?

Yes

No

3. Does the law only allow asylum seekers to work in specific sectors?
❖ If yes, specify which sectors:
Defined by Prefectures

Yes

No

4. Does the law limit asylum seekers’ employment to a maximum working time?
❖ If yes, specify the number of days per year

Yes

No

5. Are there restrictions to accessing employment in practice?

Yes

No

Since March 2019, access to the labour market is allowed only if OFPRA has not ruled on the asylum
application within 6 months after the lodging of the application and only if this delay cannot be attributed
to the applicant.490 This means that persons who do not lodge an asylum application, such as asylum
seekers under a Dublin procedure, are excluded from access to the labour market. In this case, the asylum
seeker is subject to the rules of law applicable to third-country national workers for the issuance of atemporary work permit.491
In reality, asylum seekers have very limited access to the labour market, due to a number of constraints.
Prior to being able to work, the applicant must have sought and obtained a temporary work permit. To
obtain this work permit, the asylum seeker has to provide proof of a job offer or an employment contract.
The duration of the work permit cannot exceed the duration of the residence permit linked to the asylum
application. It may possibly be renewed.
The competent unit for these matters is the Regional Direction for companies, competition, consumption,
work and employment (DIRECCTE) at the Ministry of Labour. In any case, the employment situation also
puts constraints on this right. In accordance with Article R.5221-20 of the Labour Code (Ctrav), the Prefectmay take into account some elements of assessment such as “the current and future employment
situation in the profession required by the foreign worker and the geographical area where he or she
intends to exercise this profession”, to grant or deny a work permit. 30 fields of work are experiencing
recruitment difficulties which justifies allowing third-country nationals to work in these without imposing
restrictions. These professions are listed by region – only 6 professions are common to the wholecountry.492 In practice, Prefectures use these lists of sectors facing recruitment difficulties.
Finally, asylum seekers have a lot of difficulties in accessing vocational training schemes as these arealso subject to the issuance of a work permit. According to the law, 493 this permit is delivered to

489

490
491
492

493

Ministry of Interior, ‘Schéma national d’accueil des demandeurs d’asile et d’intégration des réfugiés
2021-2023’, 17 December 2020, available in French at : https://bit.ly/3tOyhFK. 14
Article L.744-11 Ceseda, as amended by Article 49 Law n. 2018-778 of 10 September 2018.
Article R.742-2 Ceseda.
Ministerial Order NOR IMID0800328A of 18 January 2008 on the issuance of work permits to thirdcountry national workers, available in French at: http://bit.ly/1LWfeQd.
Article L.5221-5 Ctrav.

109

unaccompanied children, and the employment situation does not put any constraints if they meet somecriteria, except when they are in asylum procedure due to limitations applied to all asylum seekers.494
This means that it is more difficult to obtain a permit for a child who is an asylum seeker. That is why
some children do not want to ask for asylum. However, a child who has a work permit can request asylum
without any effect on the permit.495

2. Access to education
Indicators: Access to Education
1. Does the law provide for access to education for asylum-seeking children?

Yes

No

2. Are children able to access education in practice?

Yes

No

While no provision of the Education Code covers the particular case of children of asylum seekers, thelaw provides that they are subject to compulsory education as long as they are between 6 and 16 years
old,496 on the same conditions as any child. Primary school enrolment can be done at the local town hall.
Enrolment in a secondary school (high schools) is made directly to the institution closest to the place ofresidence of the child. If the children seem to have a sufficient command of the French language, theevaluation process will be supervised by a Counselling and Information Centre (Centres d’information etd’orientation, CIO). This State structure is dedicated to the educational guidance of all students.
When the children are not French-speaking or do not have a sufficient command of writing the language,
their evaluations fall under the competency of the Academic Centre for Education of Newcomers andTravellers Children (CASNAV).497 The test results will enable teachers to integrate the child within the
dedicated schemes e.g. training in French adapted to non-native speakers (français langue étrangère,FLE) or initiation classes.
Education for asylum seeking children is usually provided in regular schools but could also be provided
directly in reception centres (large emergency reception facilities for instance).
Barriers to an effective access to education are various. Beyond the issue of the level of language, there
are also a limited number of specialised language training or initiation classes and limited resources
dedicated to these schemes. This is an even more acute difficulty for reception centres in rural areas
which simply do not provide such classes. Moreover, some schools require an address before enrollingchildren and this can be an issue for asylum seekers who do not have a personal address. Finally, accessto education for children aged 16 to 18 is much more complicated as public schools do not have any
obligation to accept them. They may be eligible for French courses offered by charities but the situation
varies depending on the municipality. Access to apprenticeship is not possible as it would imply an accessto a work permit that is usually not granted to asylum seekers. As a general rule, there is no training
foreseen for adults. French language courses are organised in some reception centres depending on theavailability of volunteers. Young adults and adults are often forced to put aside their career or training,
pending the decision on their asylum application. For young people, this represents a considerable lossof time.
Finally, asylum seeking children with special needs are faced with the same difficulties as children withspecial needs in general. Access to trained and specialised staff (auxiliaires de vie scolaire) tasked withsupporting these children during their education in regular schools is very limited.

494
495
496
497

They do not have the right to work except if the length of the procedure is more than 6months.
Article L.744-11 Ceseda, as amended by Article 49 Law n. 2018-778 of 10 September 2018.
Article L.131-1 Education Code.
See Circular NOR: 2012-143 of 2 October 2012.

110During the first lockdown in the context of COVID-19 from March to May 2020, schools were closed andno alternatives were available for asylum seekers.
Regarding universities, asylum seekers have the possibility in theory to enrol in a course but several
practical obstacles remain such as the need to have a diploma at the end of the school course and/or
another university diploma recognized by France. In practice, very few asylum seekers are enrolled in
University.

D. Health care
Indicators: Health Care
1. Is access to emergency healthcare for asylum seekers guaranteed in national legislation?
Yes
No
2. Do asylum seekers have adequate access to health care in practice?
Yes
LimitedNo
3. Is specialised treatment for victims of torture or traumatised asylum seekers available inpractice?
Yes
LimitedNo
4. If material conditions are reduced or withdrawn, are asylum seekers still given access to health
care?
Yes
LimitedNo
Asylum seekers under the regular procedure, like any other third-country nationals below a certain income
level, have access to health care thanks to the universal healthcare insurance (PUMA) system.498 Since
January 2020, the 3-month residence requirement that applies to other third-country nationals and whichused to apply only to asylum seekers under the Dublin procedure is now applicable to all asylum seekers
without exception.499 After this 3-month period, asylum seekers benefit from the PUMA. The request to
benefit from the PUMA is made to the social security services (CPAM) of the place of residence ordomiciliation. The asylum seeker must submit documentary evidence of the regularity of his or her stay inFrance, marital status and the level of his or her resources. As a result, asylum seekers cannot see a
doctor for free, except in hospitals in case of emergency, which means a postponement of treatment.
Other negative consequences since the introduction of the new 3-month residence requirement include
the fact that the compulsory examination at the entrance to the accommodation centers cannot be set up,
psychological care is not accessible and vulnerability assessments are rendered more complicated.
In the context of COVID-19, this may have prevented asylum seekers from seeing a doctor for a diagnosis.
However, testing and vaccine campaigns do not provide for any distinction according to nationality andlegal status and are therefore available for asylum seekers if they meet priority criteria.500
Persons who have no right to remain on the territory, including rejected asylum seekers, benefit from thePUMA for six months after the end of validity of the asylum claim certification. After this period, State
Medical Aid (AME) enables them to receive free treatments in hospitals as well as in any doctors’
offices.501 It should be noted that, prior to 2020, rejected asylum seekers could benefit from the PUMA
one year after the end of validity of the asylum claim certification.
Individuals with low income and who are still awaiting health insurance and needing healthcare quickly
can turn to the All-Day Healthcare Centres (PASS) at their nearest public hospital. This is therefore also
a possibility for asylum seekers under the accelerated and Dublin procedures. There, they will receive
care and, if necessary, the medical letter needed to speed up the processing of their application for public
498
499

500

501

Article L.380-1 Social Security Code.
Decree n° 2019-1531 of 30 December 2019 relating to the residence requirement applicable toasylum seekers for covering their health expenses, available in French at: https://bit.ly/2tcEvoe.
Ministry of solidarity and health, ‘La stratégie vaccinale et la liste des publics prioritaires’, Available
in French at : https://bit.ly/389TeSg.
Ministry of Interior, Social Rights of Asylum Seekers, available at: http://bit.ly/1EvEcCF.

111

health insurance. According to the law, all public hospitals are required to offer PASS services, but inpractice, this does not always occur.
As a general rule, difficulties and delays for effective access to healthcare vary from one city to anotherin France. Access to the PUMA is functioning well in most of the regions of France, and is effective within
one month. Access has been considerably improved since 2016, even if some difficulties remain, inparticular for subsequent applicants. However, as explained above, the new policy which introduces a 3month period before accessing to has rendered the access to healthcare more difficult in 2020.
The duration of access to the healthcare insurance is in theory linked to the duration of validity of theasylum claim certification. In practice, it can be noted that the social security services deliver healthcare
insurance for a one-year duration. In fact, at the end of the validity of the asylum claim certification, accessto health care is not guaranteed anymore. It may then occur, at the moment of renewing their certification,that some asylum seekers get their healthcare insurance suspended.
Finally, some of the problems with regard to medical care are not specific to asylum seekers. Some
doctors are reluctant to receive and treat patients who benefit from the AME or PUMA and tend to refusebooking appointments with them even though these refusals of care can in theory be punished.502
National legislation does not guarantee any specific provision for access to care related to mental healthissues. Asylum seekers can theoretically benefit from psychiatric or psychological counselling thanks totheir health care cover (AME or PUMA). However, access remains difficult in practice because many
professionals refuse to receive non-French speaking patients as they lack the tools to communicate nonverbally and / or funds to work with interpreters.
Victims of torture or traumatised asylum seekers can be counselled in a few NGO structures thatspecifically take care of these traumas. This adapted counselling is provided, for instance, at the Primo
Levi Centre and Comede in Paris as well as the Osiris centres in Marseille, Mana in Bordeaux, Forumréfugiés – Cosi Essor Centre in Lyon. These specialised centres are however too few in France, unevenly
distributed across the country and cannot meet the growing demand for treatment.
The difficulties are in fact even more aggravated by the geographical locations of some reception centres
where the possibility to access mental health specialists would mean several hours of travel.
The general health system cannot currently cope with this adapted care for victims of torture and politicalviolence. These regular structures lack time for consultations, funds for interpreters and training for
professionals.

E. Special reception needs of vulnerable groups
Indicators: Special Reception Needs
1. Is there an assessment of special reception needs of vulnerable persons in practice?
Yes
No
The law foresees a specific procedure for the identification and orientation of asylum seekers with special
reception needs. This procedure consists in an interview conducted by OFII officers. These officers shallbe specifically trained on identification of vulnerability (see Identification).503
However, the Ceseda does not refer to vulnerability on account of sexual orientation of gender identity,
therefore this is not taken into account by OFII either. In practice, LGBTI persons face important difficulties
502
503

Circular DSS n. 2001-81, 12 February 2001 on the care refusal for beneficiaries of the CMU.
Article L.744-6 Ceseda.

112when OFII does not provide them with housing, as most of the time they cannot find support in theirnational communities.
So far, places in CADA are mostly allocated to vulnerable asylum seekers but whose vulnerability is“obvious” and visible (e.g. families with young children, pregnant women and elderly asylum seekers).
The questionnaire that is used by OFII officers as part of the vulnerability assessment only focuses on“objective” elements of vulnerability, thereby hindering the identification of less visible needs.
The French system does not yet foresee any specific ongoing monitoring mechanism to address special
reception needs that would arise during the asylum procedure. In practice, however, social workers inreception centres have regular exchanges with the asylum seekers and may be able to identify these
special vulnerabilities, should they appear during the reception phase. It is possible for theaccommodation centres to notify OFII of the personal situation of an asylum seeker presenting a particularvulnerability and to ask for his or her re-orientation to a more suitable centre. In many occasions, social
workers have reported the fact that the orientation carried out by OFII did not take into account thevulnerability of some asylum seekers. For example, it has happened that asylum seekers in a wheelchair
had been proposed to be accommodated in a centre without any specific access for disabled persons.
The main difficulty for the staff is however the identification of solutions to respond to certain needs (seesection on Health Care on the limited access to mental health care for instance). Therefore, the obligationon OFPRA and OFII to take into account the specific situation of vulnerable persons throughout theasylum procedure, including when these vulnerabilities only appear after the vulnerability assessment,
should lead to new practice. The vulnerability assessment’s conclusions as well as all information related
to asylum seekers are to be computerised. Consequently, it should be easier to approach vulnerability ina more comprehensive way and to facilitate exchange of information. However, this is far from being
effective in practice and many legal and practical measures such as trainings and provisions of tools tosocial workers are still lacking to allow this system to be implemented.
For the year 2019, the Ministry of Interior had requested Prefectures to develop places for asylum seekers
with disabilities, but there is no further information about whether this was implemented in practice. It had
further announced the opening of places dedicated to women victims of violence or trafficking. 504 About
300 places dedicated to these vulnerable women have been created in 2019, and were operating as of2020). They are located in 5 regions - namely Auvergne Rhône Alpes, Ile-de-France, Provence-AlpesCôte d’Azur, Nouvelle Aquitaine and Occitanie. Moreover, 200 places dedicated to LGBTI asylum
seekers were opened in 2020.
As mentioned above, a governmental plan on vulnerability, including specific actions for asylum seekers,
will be published in early 2021 to increase the identification of vulnerable groups and better address theirneeds.

1. Reception of unaccompanied children
Care system (“prise en charge”) for unaccompanied children regardless of status
The term unaccompanied child has no explicit definition in French law.505 The protection of young persons
is therefore based on the notion of children at risk, as outlined in French legal provisions on childprotection, which is applicable regardless of nationality or the status of an asylum seeker. Local authorities(Départements / Conseils généraux) are in charge of children at risk so they have to protect

504

505

Ministry of Interior, Circular NOR: INTV1900071J, 31 December 2018, available in French at:https://bit.ly/2Syc2E8, 7.
Foreign unaccompanied children do not constitute any specific category in the Ceseda, except for
two articles which mention them in relation to the ad hoc administrator (Articles L.221-5 and L.7511), or in the CASF.

113

unaccompanied children in France. It is therefore difficult to obtain an overview of the situation for
unaccompanied children at national level. The Ministry of Justice has been in charge of the coordinationof this issue at national level since 2010, but its role is limited in practice to the distribution of children
between local authorities.
Protection measures are usually initiated by children who turn to NGOs or judges for help. There is no
specific procedure in place for identifying unaccompanied children. When they go to the Prefecture inorder to lodge an asylum application, the authorities verify only whether a legal guardian is present or not.
If not, a legal representative to support and represent the child in asylum procedures (ad hoc
administrator) should be appointed (see Legal Representation of Unaccompanied Children).
In practice, several workers regularly report that some Prefectures still do not accept to register the asylum
claims of unaccompanied children. Asylum-seeking children are sometimes channelled to the common
law procedure for unaccompanied minors and they are prevented from registering their asylum claim.
The distribution mechanism is set out in law.506 The geographical distribution is done according to criteria
defined by way of decree:507- The population of the department, compared to the national population;- The number of unaccompanied minors sheltered and supported at the end of the year;- The transmission to the Ministry of Justice of the number of unaccompanied minors taken in
charge by Childhood Welfare as of 31 December.
If no data are collected and transmitted, it will be considered that no unaccompanied minors have been
supported and assisted in the concerned départements. These départements will therefore have toincrease the number of minors assisted during the following year.
In a report sent to the United Nations Committee on the Rights of the Child in July 2020, the French Public
Defender of Rights pointed out several shortcomings in the childcare system concerning migrant children
with families and unaccompanied children.508 This includes using former hotels to accommodate children,in substandard living conditions and with limited prospects of integration. It further highlights that the lackof adequate services and the long distance between hotels and these services is likely to lead to children
dropping out of school.
Specific centres for unaccompanied children
As a general rule, after identification, unaccompanied children (including those between 16 and 18) areplaced in specific children’s shelters that fall under the responsibility of the departmental authorities. 509
These are managed by the conseils départementaux. They also may be accommodated in foster families.
Due to the lack of places, children are often accommodated in hotels in practice.
However, none of these centres are designed for asylum-seeking children specifically. In somedépartements, children are hosted in centres with all children in need of social protection, but anotherservice helps them in their specific procedures. As an example, since 2005, Forum réfugiés-Cosi has
carried out missions to provide information, legal support and assist in the referral of hundreds of asylum

506

507
508

509

Law n. 2016-297 relating to childhood protection, 14 March 2016, available in French at:
http://bit.ly/2jPyjYW.
Code de l’action sociale et des familles, article R.221-13
French Public Defender of Rights, ‘Rapport au Comité des droits de l’enfant’, 10 July 2020,
available in French at : https://bit.ly/2OkAMPG.
Information on the various schemes for unaccompanied children is available at:
http://bit.ly/1JP5kiG.

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seeking unaccompanied minors arriving in Lyon. The OFPRA leaflet targeted to unaccompanied asylumseeking children lists a number of specialised NGOs providing support. 510
When children are not accommodated in specialised centres, legal support depends on available services
provided by NGOs in the geographical area.
In June 2017, the Senate published a report on the social care of unaccompanied children, where it noted
shortcomings in the reception system, such as housing in hotels, and encouraged community-based
accommodation.511 Through an opinion of 25 September 2017, the Ombudsman requested the creationof a centre in Calais where unaccompanied children could rest, receive care and obtain clear informationon their rights.512
Moreover, on 28 February 2019, the ECtHR ruled in case Khan v. France that the failure of the Frenchauthorities to provide care for an unaccompanied minor in the Calais refugee camp was in breach of
Article 3 of the Convention.513 In September 2020, French Ombudsman sent a communication to theCommittee of Ministers concerning this case, highlighting several difficulties in accessing protection for
unaccompanied minors in France.514 On 2-4 December 2020, the Council of Europe Committee of
Ministers invited the French authorities to adopt specific measures to protect unaccompanied minors intransit; in light of the Khan judgement.515

F. Information for asylum seekers and access to reception centres
1. Provision of information on reception
The law provides that reception centre operators are responsible for providing information to asylum
seekers on: (a) their rights and obligations in the centre; (b) the asylum procedure; (c) health; and (d)social rights.516
The provision of information for asylum seekers accommodated in CADA about the modalities of their
reception is governed by the Circular of 2019 on the missions of CADA centres 517 and HUDA centres.518
Upon admission in the centres, the manager has to deliver to the asylum seeker any useful informationon the conditions of his or her stay in the centre, in a language that he or she understands and in the formof a welcome booklet. These modalities can vary in practice from one centre to the other. In any case,core information about procedural rights during the asylum procedure is shared with accommodated
asylum seekers on a regular basis and upon request if necessary. Each centre also has its own
information procedures. Generally, in centres managed by Forum réfugiés – Cosi for instance, the asylum

510

511

512
513
514

515

516
517

518

OFPRA, Guide de l’asile pour les mineurs isolés étrangers en France, December 2019. This list
includes: Centre enfants du monde (CEM – Croix Rouge française); Coallia; France terre d’asile;
InfoMIE; pôle d’évaluation des mineurs isolés étrangers (PEMIE – Croix Rouge française).
Senate, Rapport sur la prise en charge sociale des mineurs non accompagnés, n. 598, 28 June
2017, available in French at: http://bit.ly/2DcgMZg.
Ombudsman, Opinion n. 17-09, 25 September 2017, available in French at: http://bit.ly/2rcqvt2.
ECtHR, Khan v. France, Application no. 12267/16, 28 February 2019.
Comitee of Ministers, ‘Communication from an NHRI (Défenseur des droits de la République
Française) (27/07/2020) concerning the case of Khan v. France (Application No. 12267/16),
available in French at: https://bit.ly/2OsmAV0.
Comitee of Ministers, ‘1390th meeting, 1-3 December 2020 (DH) - H46-9 Khan v. France(Application No. 12267/16) - Supervision of the execution of the European Court’s judgments’,available at: https://bit.ly/2Z7SDM8.
Article R.744-6-1 Ceseda, inserted by Article 18 Decree n. 2018-1159 of 14 December 2018.
Arrêté du 19 juin 2019 sur le cahier des charges CADA, available in French at:https://bit.ly/3aWbLRH.
Arrêté du 19 juin 2019 sur le cahier des charges HUDA, available in French at:https://bit.ly/2uNOQHM.

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seeker is informed about these legal reception provisions through the residence contract and operating
rules he or she signs upon entry in the reception centre. On this occasion, an information booklet on theright to health is handed over to the asylum seeker. As some asylum seekers do not have easy accessto written information, collective information sessions through activities are also organised in somereception centres (e.g. those managed by Forum réfugiés – Cosi).
In the context of COVID-19, some information documents on sanitary and health measures has beentranslated for migrants at the initiative of the authorities, NGOs or UNHCR through the information site
“Refugies.info”. Most of the information was thus available to asylum seekers and refugees during the
pandemic.

2. Access to reception centres by third parties
Indicators: Access to Reception Centres
1. Do family members, legal advisers, UNHCR and/or NGOs have access to reception centres?
YesWith limitations
No
In France, reception centres for asylum seekers are not closed centres. They are accessible to visitors of
the family accommodated in the centres and to other stakeholders within the limits set by the house rules,
usually subject to the preliminary notification of the manager.
Many reception centres are managed by NGOs, whose staff is therefore present on a daily basis.

G. Differential treatment of specific nationalities in reception
There is no differential treatment of specific nationalities in reception.

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Detention of Asylum Seekers
A. General
1.
2.
3.

4.

Indicators: General Information on Detention
Asylum seekers lodging a claim in detention in 2020:
Number of asylum seekers in detention at the end of 2020:
Number of detention centres (excl. waiting zones):❖ Administrative detention centres (CRA):❖ Administrative detention places (LRA):
Total capacity of CRA (incl. overseas territory):

Not available
Not available
25
20
1,891519

French law does not allow detention of asylum seekers for the purpose of the asylum procedure. The
asylum seekers covered in this section are mainly the ones who have lodged a request for asylum whilein an administrative detention centre (centre de rétention administrative, CRA) for the purpose of removal,
as well as those detained pending a transfer under the Dublin Regulation.
In 2019, about 1,299 third-country nationals lodged a first asylum application while in administrative
detention, compared to 1,600 in 2018.520 Moreover, some rejected asylum seekers asked for asubsequent examination of their asylum claim while being detained (no statistics available on subsequent
applications in detention in 2019). Statistics on 2020 were not available at the time of writing.
At the same time, newly arrived asylum seekers can be arrested and placed in administrative detention.
This can happen when they have started the registration process of their asylum claim and have thenbeen arrested pending the official confirmation of this registration. Indeed, in the Ile de France region,these procedures can take several weeks while waiting for a registered address through an associationor for the appointment at the Prefecture, before a temporary residence permit is issued (see section on
Registration). These asylum seekers do not always have the necessary documents proving their pending
registration with them when they get arrested. As a result, a removal decision can be taken and the personis placed in administrative detention and his or her claim may be processed from there. In practice, certain
Administrative Courts order the release of such asylum seekers upon presentation of proof of steps taken
to have their claim registered,521 but this is far from being automatic.
There are 25 CRA and 20 administrative detention places (LRA) 522 on French territory (including inoverseas departments).523 In 2019, the capacity of CRA amounts to a total of 1,664 in 2019, up from 1,549
in 2018, on top of which 227 places from overseas must be added, i.e. 1,891 in total. The capacity of LRA
is 125 places (including 31 places in overseas territory). Article R.553-3 Ceseda foresees that eachcentre's capacity should not exceed 140 places. 524 The maximum capacities for these centres are notreached in mainland France at one point in time but the turnover is very high. However, even if thecapacities are not exceeded, when the centres are almost full, this causes a lack of privacy which cancreate tensions.
Also, in the context of the border procedure, asylum seekers are held in “waiting zones” while awaiting adecision on their application for an authorisation to enter the territory on asylum grounds. These are

519
520
521

522

523

524

This refers to 1,664 places on mainland territory and 227 places on overseas territory.
OFPRA, 2019 Activity report,
See e.g. Administrative Court of Lille, Decision No 1804330, 7 June 2018; Administrative Court ofMarseille, Decision No 1703152, 18 May 2017.
The total number of LRA is not stable and permanent as these detention facilities can be createdupon a decision of the Prefect.
Assemblée nationale, ‘Rapport sur le projet de loi de finances 2021’, 8 October 2020. Available inFrench at : https://bit.ly/3u6oZoy, 33
Article R.553-3 Ceseda.

117

distinguished from CRA but also classified as places of deprivation of liberty, as asylum seekers cannot
leave these areas (except to return to their country) until an authorisation to let them enter the French
territory or a decision to return them is taken. As detailed in the section on Border Procedure, 2,050
requests to enter the French territory on asylum grounds were made at the border in 2019.
However, in the context of border controls in the area of Alpes-Maritimes throughout recent years andincluding in 2020, the Border Police has detained newly arrived asylum seekers without formal order in a“temporary detention zone” (zone de rétention provisoire) made up of prefabricated containers in thepremises of the Menton Border Police, and established following an informal decision of the Prefect of
Alpes-Maritimes.525 The Administrative Court of Nice held that this form of detention was lawful insofar as
it did not exceed 4 hours, after which individuals would have to be directed to a formal “waiting zone”. 526
The Council of State has also upheld this form of detention as lawful during the period necessary for theexamination of the situation of persons crossing the border, subject to judicial control. 527 Following adecision of the Prefect to forbid access of NGOs (i.e. access to medical care and legal assistance) to theplace of detention in Menton in September 2020, the Administrative Court of Nice ruled in November
2020 this decision was illegal.528 A new decision was issued the 29 December 2020 upholding the banon NGOs but with some adjustments for the decision to be considered legal.529 However, theAdministrative Court of Nice ruled again in March 2021 this decision was illegal under European law and
French Constitution.530
The law provides that a foreign national who applies for asylum from detention in a CRA can only bemaintained in detention if the Prefecture states in a written and motivated decision that the asylum claim
has only been introduced to prevent a notified or imminent order of removal. 531 The decision to maintainan asylum seeker in administrative detention can be challenged before administrative courts within 48
hours, and has suspensive effect. Foreign nationals who introduced a claim from administrative detention
and who are released are given an asylum claim certification and their claim will be normally processed.532
In a December 2014 information note, the Minister of Interior called for an individual assessment of eachcase by the Prefects in order to decide precisely whether the asylum seeker in administrative detention
should be delivered a temporary residence permit and therefore released from detention and channelled
into the regular procedure, or not – and therefore channelled into the accelerated procedure. 533 In practice,
this assessment always leads the Prefects to consider that the applications must always be examined
under the accelerated detention procedure.
For people seeking asylum in administrative detention, it is difficult to prepare such an application in aplace of confinement. There is very limited time to develop the reasons for the claim, stressful conditions
prior to the interview with OFPRA, difficulties to locate and gather the necessary evidence etc. In addition,
for claims channelled into the accelerated procedure, OFPRA has 96 hours to examine the application.534
This extremely brief period of time drastically reduces the chances of benefiting from an in-depth
examination of the claim. Therefore, only the CNDA could provide an in-depth examination of the claim.
However, when the asylum seeker’s detention is confirmed by the administrative court, he or she will not
525

526
527
528

529

530

531
532
533

534

Anafé et al., ‘Menton : des personnes exilées détenues en toute illégalité à la frontière’, 7 June
2017, available in French at: http://bit.ly/2Dnp7pb.
Administrative Court of Nice, Order No 1702161, 8 June 2017.
Council of State, Order No 411575, 5 July 2017.
Administrative Court of Nice, Order No 2004690, 30 November 2020, available in French at :https://bit.ly/2NVcNqH.
Franceinfo, ‘Frontière italienne : les associations d'aide aux migrants ne pourront pas visiter le local
de mise à l'abri à Menton’, 7 January 2021, https://bit.ly/3pB1sZk.
Administrative Court of Nice, Order No 2101086, 4 March 2021, available in French at :https://bit.ly/2OnsN4D
Article L.556-1 Ceseda.
Decree n. 2015-1166 of 21 September 2015.
Ministry of Interior, Information Note of 23 December 2014 following the Council of State Decision
375430 of 30 July 2014.
Article L.556-1 Ceseda.

118benefit from a suspensive effect of his or her appeal of a negative decision given by OFPRA before theCNDA. He or she can be removed to his or her country of origin even though the CNDA has not given its
final decision on the case. Consequently, the asylum seeker in detention does not benefit from an effective
remedy nor from an in-depth examination of his or her claim. France has been condemned by the ECtHR
in 2012 for violation of Article 13 on the right to an effective remedy in these particular circumstances.
Detention in the context of COVID-19
In July 2020, the Controller General of Places of Deprivation of Liberty published a report on thefundamental rights of persons deprived of their liberty in times of the COVID-19 pandemic. 535 The reportvoiced concerns about the situation in pre-removal detention facilities, including waiting zones at theborder, in conditions that put the detainees’ health at risk. It noted that, in view of drastically reduced air
traffic, immigration detention has become “an unjustified measure in practice [and] highly questionable inlaw” due to the lack of a reasonable prospect of removal. Clusters have been identified in some centersleading to a suspension of entries but no closure.536 By the end of 2020, the detention framework wasadapted to the crisis in certain respects (e.g. reduction in the capacity of centers, supply of masks andhydro alcoholic gel isolation of patients etc.) but certain points remained problematic (e.g. detention ofpeople who cannot be expelled, insufficient measures and resources in certain centers, etc.). Persons
are tested when they have symptoms and before deportation when such test is imposed by the countryof return. Persons can be sentenced if they refuse to get tested as this is considered an act of obstruction
to deportation.

B. Legal framework of detention
1. Grounds for detention
Indicators: Grounds for Detention
1. In practice, are most asylum seekers detained❖ on the territory:❖ at the border:

Yes
Yes

No
No

2. Are asylum seekers detained in practice during the Dublin procedure?
Frequently
RarelyNever

3. Are asylum seekers detained during a regular procedure in practice?
Frequently
RarelyNever

1.1. Pre-removal detention
Asylum seekers are not placed in administrative detention centres for the purpose of the asylum
procedure.537 Persons who claim asylum during their administrative detention can only be maintained indetention (maintien en rétention) if, based on a motivated and written decision, the Prefect considers thatthe claim aims solely to avoid an imminent removal. 538
On several occasions, Administrative Courts have clarified that, where the person has made references
to a risk of persecution or harm upon return to the country of origin, an intention to apply for asylum solely

535

536

537
538

CGLPL, ‘Les droits fondamentaux des personnes privées de liberté à l’épreuve de la crise sanitaire- 17 mars au 10 juin 2020’, July 2020, available in French at : https://bit.ly/3s6DJlr.
See e.g. Le Parisien, Covid-19 : alerte au centre de rétention du Mesnil-Amelot après plusieurs cas
détectés’, 13 August 2020, available in French at : https://bit.ly/3c7wyTE.
Article L.554-1 Ceseda.
Article L.556-1 Ceseda.

119to avoid imminent removal cannot be inferred from the fact that the person failed to register an asylum
application prior to being placed in detention.539

1.2. Detention under the Dublin Regulation
Asylum seekers under the Dublin procedure can be placed in administrative detention with a view to theenforcement of their transfer once the transfer decision has been notified, where there is a “significant
risk of absconding”.540
In line with the CJEU’s ruling in Al Chodor, the Court of Cassation clarified on 27 September 2017 thatthe absence of a legislative provision setting out the objective criteria for determining the existence of a“significant risk of absconding”, specific to the Dublin system, precluded the applicability of detention forthe purpose of carrying out a Dublin transfer.541
In response to the Court of Cassation ruling, the Ceseda was amended in March 2018 to define thefollowing criteria for the existence of a “significant risk of absconding”, where an applicant: 542
1. Has previously absconded from the Dublin procedure in another country;
2. Has received a rejection decision in the responsible Member State;
3. Has been found again on French territory following the execution of a transfer;
4. Has evaded the execution of a previous removal measure;
5. Refuses to be fingerprinted or deliberately alters his or her fingerprints;
6. Has falsified a document with the aim of staying on French territory;
7. Has concealed elements of his or her identity, route, family composition or previous asylum
applications;
8. Does not benefit from material reception conditions and cannot prove his or her place of actualor permanent residence;
9. Cannot prove his or her place of residence after refusing a proposal for accommodation by OFII,
or after abandoning his or her place of accommodation without legitimate reason;
10. Does not respond to requests from authorities without legitimate reason;
11. Has previously evaded a house arrest measure;
12. Has explicitly declared his or her intention not to comply with the Dublin procedure.
The law has gone beyond the limits set by the Court of Cassation insofar as detention may apply before
the transfer decision. Asylum seekers under the Dublin: Procedure can thus be placed in detention during
the procedure of determination of the responsible state. This has been applied a few hundred times since
the reform.
5,160 asylum seekers were detained in view of their removal to another EU country under the Dublin
procedure in 2019, up from 3,456 in 2018, 3,723 in 2017 and 2,208 in 2016.

1.3. Detention at the border
Persons entering by train, boat or airplane and refused entry into the territory can be placed in waitingzones strictly for the time necessary for their departure.543 If a person makes an asylum application at theborder, he or she is automatically maintained in the waiting zone for the duration of the border procedure.
539

540
541

542
543

See e.g. Administrative Court of Lille, Decision No 1803225, 11 May 2018 (Côte d’Ivoire);
Administrative Court of Nancy, Decision No 1800978, 27 April 2018 (Sudan); Administrative Courtof Strasbourg, Decision Nos 1801908 and 1801984, 4 April 2018 (Dominican Republic);
Administrative Court of Paris, Decision No 1800364/8, 11 January 2018 (Guinea).
Article 28(2) Dublin III Regulation.
Court of Cassation, Decision No 1130, 27 September 2017. See also Court of Cassation, Decision
No 17-14866, 7 February 2018.
Article L.551-1(2) Ceseda, inserted by Law n. 2018-187 of 20 March 2018.
Article L.221-1 Ceseda.

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2. Alternatives to detention
Indicators: Alternatives to Detention
1. Which alternatives to detention have been laid down in the law?

2. Are alternatives to detention used in practice?

Reporting duties
Surrendering documents
Financial guarantee
Residence restrictions
Yes

No

The Prefecture is responsible for assessing alternatives to detention, which can be imposed by the courts
if they consider that the prefecture's assessment was wrong. The Ceseda lays down house arrest(assignation à résidence) as an alternative to administrative detention. This measure can take different
forms:(a) House arrest in the case of an absence of reasonable prospects of removal: 544 The law foresees
house arrest for a maximum period of six months (renewable once or several times, up to a total
limit of one year) when “the foreigner can justify being unable to leave the French territory or canneither go back to his country of origin, nor travel to any other country” and that as a result, theexecution of the removal measure is compromised on the medium or long term.
(b) House arrest as an alternative to administrative detention: 545 The Prefect can put those people
who can produce representation guarantees and whose removal is postponed only for technicalreasons (absence of identification, of travel documents, or of means of transport) under housearrest for a period of 45 days, renewable once. When foreigners subjected to a return decision
and who are accompanied by their minor children, do not have a stable address (decent housing
within legal conditions), it is possible to envisage house arrest in hotel-like facilities.
(c) House arrest with electronic monitoring for parents of minor children residing in France for 45
days.546 This measure is not implemented as far as we are aware.
The house arrest decision can last 6 months and can be renewed once for the same period. It has to be
motivated. The Prefecture is also allowed to keep the passport or identity document of the asylum seeker.
The law does not foresee any obligation to prove the impossibility to set up alternative measures before
deciding to detain third-country nationals. If the person can present guarantees of representation andunless proved to the contrary, house arrest should be given priority but a necessity and proportionality
test is not really implemented. This is only a possibility left to the discretion of the administration.
Instructions of the Ministry of Interior of 19 July 2016 and 20 November 2017 recommend Prefectures tolargely resort to house arrest from the beginning of Dublin procedures, with a view to overcoming recurring
difficulties in the implementation of transfers.547 The instructions clarify that surveillance measures must
accompany a house arrest order. In 2020, many Prefectures systematically continued to impose housearrest as soon as asylum seekers are placed in the Dublin procedure (see Dublin: Procedure), without
conducting an individualised assessment to establish whether an alternative to detention is required.

544
545
546
547

Article L.561-1 Ceseda.
Article L.561-2 Ceseda.
Article L.562-2 Ceseda.
Ministry of Interior, Instruction NOR: INTV1618837J of 19 July 2016 relating to the application of
the Dublin III Regulation – Resort to house arrest and administrative detention in the context ofexecution of transfer decisions, 4; Instruction NOR: INT/V/17/30666/J of 20 November 2017 on theobjectives and priorities in the fight against irregular immigration.

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It is further possible to detain third-country nationals accompanied by minor children if they do not respecthouse arrest prescriptions.548 It is also possible for the authorities to request the use of police forces toensure the implementation of the house arrest order and to visit the third-country national in order to placehim or her in a detention centre or to remove him or her from the French territory. This use of police forces
has to be approved by the Judge of Freedoms and Detention (juge des libertés et de la detention). The
judge has to make a motivated decision within 24 hours after a request. 549

3. Detention of vulnerable applicants
Indicators: Detention of Vulnerable Applicants
1. Are unaccompanied asylum-seeking children detained in practice?
Frequently
Rarely❖ If frequently or rarely, are they only detained in border/transit zones?
2. Are asylum seeking children in families detained in practice?
Frequently
Rarely

Never
Yes

No

Never

3.1. Detention of unaccompanied children
In theory, unaccompanied children cannot be returned and therefore cannot be detained as aconsequence. Nevertheless, it is important to stress that in 2019, the six NGOs working in administrative
detention centres met 264 detained persons who declared themselves to be children. 550 These wereyoung persons whose age had been disputed by the authorities and had been considered as adults, asa result of a medical examination for instance. 60% of these young persons were released after a judicial
decision and 19% after an administrative decision in 2019.551 More recent statistics on the year 2020 are
not available.
As regards waiting zones, unaccompanied children, generally speaking, are often maintained in waitingzones in inadequate conditions. The Ombudsman urged in 2017 for a better consideration of theirinterests, in particular by: consolidating training of agents working in waiting zones; informing children
about their situation and rights; providing them more space to speak and to be heard; establishingseparate spaces for children in the waiting zone; and informing the Prosecutor (Procureur de laRépublique) of all unaccompanied children in these locations.552 For more information on whether children
can be held in these locations, see the section Border procedure (border and transit zones).

3.2. Detention of families with children
There has been a steady increase in detained families with children from 2013 to 2019. In 2020, the Public
Defender of Rights reported that the widespread use of immigration detention of children with families,
and instances of keeping the child in pre-removal detention alone while the parents are not held(particularly in Mayotte), remained problematic issues. 553
In 2019, 6 NGOs reported that the detention of children continued to increase as 3,380 children weredetained, of which 279 on mainland (136 families) and 3,101 (92%) in Mayotte. 554 In overseas territory,
548
549
550

551
552
553

554

Article L.551-1 Ceseda.
Article L.561-2(2) Ceseda.
ASSFAM-groupe SOS Solidarités, Forum réfugiés-Cosi, France terre d’asile, La Cimade, July
2020, available in French at: https://bit.ly/2NKJTco, 26
Ibid.
Ombudsman, Decision No 2017-144, 26 June 2017, available in French at: http://bit.ly/2Dko1v7.
Défenseur des droits, ‘Rapport au Comité des droits de l’enfant’, 10 July 2020, available in Frenchat : https://bit.ly/2OkAMPG.
Ibid.

122

the authorities unlawfully “attach” children to unrelated adults. The Public Defender of Rights expressed
concerns about persistent practices in the overseas department of Mayotte, where migrant children arefalsely associated with other persons with whom they have no family ties in order for them to be placed
in pre-removal detention and subsequently removed from the country. This mainly affects children fromthe Comoros arriving in Mayotte on makeshift crafts. 555 On 25 June 2020, the ECtHR condemned France
about a situation that take place in 2013. Two children had been arbitrarily associated with an unrelated
adult in respect of their return order, and were also detained in the same location and conditions as other
adults. Moreover, it was apparent that no administrative detention order had been issued to the children,
but it was made in conjunction with the same adult. As a result, the Court held, inter alia, that the children
had effectively entered a legal vacuum without the possibility to challenge their removal and without theaccompaniment of an adult able to legally act on their behalf.556
On 12 July 2016, the ECtHR condemned France on five occasions for detaining children. In thesedecisions, the Court recalled that the detention of minors must be used as a last resort.557
In May 2020, some deputies filled a proposal for a law (not debated to date) aiming to “strictly regulate
the administrative detention of families with minors”.558 The National Consultative Commission on Human
Rights criticised in an opinion the “proposed law to strictly regulate the administrative detention of families
with children”. The draft does not categorically prohibit immigration detention of children; it merely limits
such detention to 48 hours, with a possible extension of three days. Recalling that the ECtHR foundFrance guilty of arbitrary detention on multiple occasions, the opinion calls on the National Assembly toamend the legislative proposal.559

3.3. Detention of victims of trafficking
Another issue is raised in relation to victims of human trafficking. Detention places are not meant toguarantee protection and the police officers hearing third-country nationals in these centres mainly focus
on their administrative status. Potential asylum-seeking victims of trafficking do not feel safe and confident
to submit an asylum claim, or to express their fear and their situation. They encounter difficulties to trust
police officers unable to protect them against their traffickers.

555

556
557

558

559

Défenseur des droits, ‘Rapport au Comité des droits de l’enfant’, 10 July 2020. Available in Frenchat : https://bit.ly/2OkAMPG.
ECtHR, Moustahi v France, Application No. 9347/14. 25 June 2020.
ECtHR, A.B. v. France, Application No 11593/12, R.M. and M.M. v. France, Application No
33201/11, A.M. v. France, Application No 24587/12, R.K. v. France, Application No 68264/14 andR.C. v. France, Application No 76491/14, Judgments of 12 July 2016.
Assemblée Nationale, Proposal n°2952, 12 May 2020, available in French at :https://bit.ly/3k4JRrD.
CNCDH, ‘Avis sur la proposition de loi visant à encadrer strictement la rétention administrative desfamilles avec mineurs : une occasion manquée’, NOR : CDHX2025771V, 4 October 2020, available
in French at : https://bit.ly/2NlCTmg.

123

4. Duration of detention
Indicators: Duration of Detention
1. What is the maximum detention period set in the law (incl. extensions):
2. In practice, how long in average are asylum seekers detained?

90 days
Not available560

4.1. Duration of detention in CRA
A person can remain in administrative detention for a maximum of 90 days.561 Prior to the 2018 reform,
the maximum time limit was 45 days.
The decision of placement in administrative detention taken by the administration is valid for 2 days.
Beyond this period, a request before the Judge of Freedoms and Detention (JLD) has to be lodged by thePrefect to prolong the duration of administrative detention. 562 This judge can order an extension of theadministrative detention for an extra 28 days after the initial placement. A second prolongation for 30 daysis possible, followed by two further prolongations of 15 days granted under certain conditions, in particular
if the persons deliberately obstruct their return by withholding their identity, the loss or destruction of travel
documents,563 or the fact that despite the goodwill of the executing administration, the removal measure
has not yet been finalised. Beyond this period of 45 days, any foreigner who has not been removed must
be released.
In practice, the length of stay of asylum seekers who have claimed asylum while in CRA is difficult toassess. While there was no updated information for the year 2020 at the time of writing, on average, thirdcountry nationals remained 16.8 days in administrative detention centres in 2019. In many CRA, theaverage detention duration was largely beyond that average:
Average duration of detention: 2019

560

561

562
563

CRA

Average duration of detention (days)

Bordeaux

13.2

Coquelles

13.1

Guadeloupe

5.5

Guyane

5.6

Hendaye

16.8

Lille-Lesquin

13.9

Lyon-Saint-Exupéry

21.8

Marseille

20

Mesnil-Amelot

18.5

Metz-Queuleu

15.4

Nice

19.9

Nimes

16.2

Palaiseau

17.2

Statistics on the average detention of asylum seekers specifically is not available. However,regarding third-country nationals in general, statistics indicate an average detention of 16.8 days in
2019.
Article L.552-7 Ceseda, as amended by Article 29 Law n. 2018-778 of 10 September 2018.
Originally set at a maximum of 7 days, the length of administrative detention was extended to 32
days in 2003, to 45 days in 2011 and to 90 days in 2018. In exceptional situations, not known inpractice, foreigners can be detained for 6 months when they are sentenced for terrorism.
Article L.552-1 Ceseda.
Article L.552-7 Ceseda.

124

Paris-Vincennes

17

Perpignan

22.1

Plaisir

15.2

Rennes12.9

Rouen-Osseil

13.3

Sète

15.7

Strasbourg-Geispolsheim

17.2

Toulouse- Cornebarrieu

18.7

Total

16.8

Source: ASSFAM-groupe SOS Solidarités, Forum réfugiés-Cosi, France terre d’asile, La Cimade, 2019 Detention
report, July 2020, available in French at: https://bit.ly/2NKJTco.

4.2. Duration of detention in LRA
Detention in LRA can only be ordered for a maximum period of 48 hours, after which the person must betransferred to a CRA.564 This is respected in practice.

4.3. Duration of detention in waiting zones
The placement in waiting zones is ordered for an initial period of 4 days.565 It can then be extended by the
JLD for a period of 8 days,566 and in exceptional cases or where the person obstructs his or her departure,for 8 additional days.567 This brings the maximum period of detention in waiting zones to 20 days in total.
If necessary, the Border Police makes full use of the possibility to prolong detention and hold people inwaiting zones for 20 days, although the average period of detention is 5 to 6 days in waiting zones suchas Roissy and Marseille.568
A final exceptional prolongation is applicable in the particular case of asylum seekers. If a person held ina waiting zone makes an asylum application after the 14th day, the law foresees the possibility of a further
extension of detention for 6 more days following the submission of the asylum application, with a view toallowing the authorities to conduct the asylum procedure. 569 The detention period can thereby extend to
26 days if the person applies for asylum on the 20th day of detention.

C. Detention conditions
1. Place of detention
Indicators: Place of Detention
1. Does the law allow for asylum seekers to be detained in prisons for the purpose of the asylum
procedure (i.e. not as a result of criminal charges)?
Yes
No
2. If so, are asylum seekers ever detained in practice in prisons for the purpose of the asylum
procedure?
Yes
No

564
565
566
567
568
569

Article L.551-3 Ceseda.
Article L.221-3 Ceseda.
Article L.222-1 Ceseda.
Article L.222-2 Ceseda.
ECRE, Access to asylum and detention at France’s borders, June 2018, 8.
Article L.222-2 Ceseda.

1251.1. Administrative detention centres (CRA)
Administrative detention centres (CRA) are controlled and managed by the border police. Under the law,these administrative detention centres are not part of the regular prison administration. Placement in an
administrative detention centre results from an administrative decision (not a judicial decision). Despite
being held together with other third-country nationals, asylum seekers are never held with common law
criminals or prisoners.
By mid-2020, there were 25 CRA on French territory, including in overseas departments. Following tableprovides statistics on the occupancy of the CRA in mainland for the years 2017 to 2019, as statistics on
the year 2020 were not available at the time of writing:

CRA

Persons
detained in2017

Persons
detained in
2018

Persons
detained in2019

Bordeaux

365

412

445

Coquelles

3,786

2,824

2,038

HendayeTemporarilyclosed in 2017

358

355

Lille-Lesquin

2,728

1,952

1,771

Lyon-Saint Exupéry

1,395

1,498

1,450

Marseille

1,289

1,187

1,431

3,476

2,827

3,684

Metz-Queuleu

1,768

1,584

1,563

Nice

1,029

810

623

Nimes

925

1,190

1,323

Palaiseau

600

462

662

Mesnil-Amelot
facilities)(2

Paris-Palais
Justicede403158. Closed on
22 April 2019

N/A

Paris-Vincennes
facilities)

(3

3,648

4,504

5,575

Perpignan

883

750

571

Plaisir

416

362

509

Rennes

1,072

1,179

958

Rouen-Oissel

1,167

1,276

938

Sète

401

494

355

StrasbourgGeispolsheim(temporarilyclosed in 2017)

528

559

ToulouseCornebarrieu

1,069

1,302

1,320

Guadeloupe

263

345

N/A

Guyane

1,486

1,857

N/A

Mayotte17,934

16,496

N/A

Source: ASSFAM-groupe SOS Solidarités, Forum réfugiés-Cosi, France terre d’asile, La Cimade, 2019 Detention
report, July 2020, available in French at: https://bit.ly/2NKJTco.

126

Some CRA have specific places for women and families, including Hendaye (6 out of 30 places), Lyon
(12 out of 104 places), Mesnil-Amelot (40 out of 240), Rennes (12 out of 70 places), Rouen-Oissel (19out of 72 places) and Guyane (12 out of 38 places).

1.2. Places of administrative detention (LRA)
There are 20 administrative detention places (LRA) in France, including overseas departments.570
According to the Ministry of Interior, about 2,426 foreigners have been detained in LRA in 2019, but adetailed breakdown of statistics per LRA is not available. 571

1.3. Waiting zones at the border
In the context of the Border Procedure, asylum seekers are held in a waiting zone while awaiting adecision on their application for an authorisation to enter the territory on asylum grounds. 572
There is no public data on the exact number of waiting zones in France and their capacity. According to
the Ministry of Interior, quoted in a report by Anafé published in 2018, there were 67 waiting zones in2015.573 More recent information quoted by ECRE referred to asylum applications registered in 12 waitingzones in airports, located in:574- Paris Roissy CDG Airport- Paris Orly Airport- Paris Beauvais Airport- Marseille Airport- Lyon – Saint Exupéry Airport- Toulouse Blagnac Airport- Bâle-Mulhouse Airport- Bordeaux Airport- Nantes Airport- Nice Airport- Strasbourg Airport- La Réunion
Some other waiting zones are located in ports (Marseille, Dunkerque etc.) or in train stations withinternational lines (e.g. Modane, Paris-Gare du Nord), but here is no list detailed list.
Waiting zones may include accommodation “hotel-type services” as is currently the case for the waitingzone of the Paris Roissy CDG Airport (in the ZAPI 3 - zone d’attente pour personnes en instance), which
can receive up to 160 people. In other waiting zones, the material accommodation conditions vary: third
country nationals are sometimes held in a nearby hotel (like in Orly airport at night) or in rooms withinpolice stations. Not all are equipped with hotel type services. In Marseille, the accommodation facility of
the waiting zone is located in the premises of the CRA of Marseille, located near the city centre.

570

571

572

573

574

The total number of LRA is not stable and permanent as these detention facilities can be createdupon a decision of the Prefet.
Assemblée nationale, ‘Rapport sur le projet de loi de finances 2021’, 8 October 2020, available inFrench at : https://bit.ly/3u6oZoy, 33
These are not formally designated as detention centres, but asylum seekers cannot leave theseareas (except to return to their country) until an authorisation to let them enter the French territory
or a decision to return them is taken.
Anafé, Aux frontières des vulnérabilités, February 2018, available in French at:https://bit.ly/2T0CtTc, 72.
ECRE, Access to asylum and detention at France’s borders, June 2018, 16.

127In these accommodation areas, there should be an area for lawyers to hold confidential meetings with theforeign nationals. In practice, those are only established in the Roissy CDG airport (ZAPI 3) and canaccommodate up to 160 persons. In the other waiting zones, the material conditions for accommodation
can vary greatly: foreign nationals are sometimes accommodated in a nearby hotel (like in Orly at nighttime), or in rooms within police stations. They do not all have access to “hotel-type” services.
Finally, in Alpes-Maritimes, an informal “temporary detention zone” has been set up in the premises ofthe Menton Border Police in 2017 to detain newly arrived migrants from Italy for short periods before theirremoval from the country.
9,450 persons were detained in a waiting zone in 2017, and 5,371 in the first 7 months of 2018. 575 Morerecent data was not available, however.

2. Conditions in detention facilities
Indicators: Conditions in Detention Facilities
1. Do detainees have access to health care in practice?
Yes❖ If yes, is it limited to emergency health care?
Yes

No
No

Police staff working in the CRA do not receive a specific training with regard to migration and asylum law.
This lack of specific training is, however, compensated by the fact that NGOs are present quasipermanently in administrative detention centres in order to provide legal information and assistance.
Article R.553-3 Ceseda, sets out the conditions of administrative detention. They must meet the following
standards:
1. A minimum usable surface of 10m² per detainee comprising bedrooms and spaces freely accessible
during opening hours;
2. Collective bedrooms (separation men / women) for a maximum of six persons;
3. Sanitary facilities, including wash-hand basins, showers and toilets, freely accessible and of
sufficient number, namely one sanitary block for 10 detainees;
4. A telephone for fifty detainees freely accessible;
5. Necessary facilities and premises for catering;
6. Beyond forty persons detained, a recreational and leisure room distinct from the refectory, which is
at least 50m², increased by 10m² for fifteen extra detainees;
7. One or several rooms medically equipped, reserved for the medical team;
8. Premises allowing access for visiting families and the consulate authorities;
9. Premises reserved for lawyers;
10. Premises allocated to the OFII, which among others organises voluntary return;
11. Premises, furnished and equipped with a telephone allocated to the NGOs present in the centre;
12. An open-air area; and13. A luggage room.
Centres in which families may be detained must provide specific rooms, including nursery equipment. 576
Men and women held in detention centres have separated living spaces (zones de vie). The set-up of therooms varies from one detention centre to the other, ranging from 2 to 6 persons per room. Specificprovisions have been adopted concerning Mayotte. The detention centre cannot exceed a 140 places
capacity, will integrate unisex rooms, free-access sanitary facilities, an open-air area, one room medicallyequipped, reserved for the medical team and a free-access telephone for organisations intervening in thecentre.577

575
576
577

National Assembly, Avis sur le projet de loi de finances 2019, 12 October 2018, 95.
Article R.553-3 Ceseda.
Ibid.

128

Overall, the administrative detention conditions are deemed adequate in France but there are quite
important differences between centres. Throughout 2016, several riots have broken out, including casesof arson, in a number of CRA such as Paris-Vincennes and Mesnil-Amelot.578 In December 2017, aParis-Vincennes unit was burned during a riot.579 Hunger strikes were led in four CRA in January 2019.580
Between 2017 and 2019, five migrants died in CRA581 and several suicides attempts have been reported.
In 2020, these situations persisted and were accentuated by the health crisis of COVID 19 during which
detention was even more perceived as unfair.582 In a report on detention conditions in the context ofimmigration in France, published in March 2020, the European committee for the prevention of torture(CPT) noted several points: lack of specialised training for staff, no systematic health examination before
admission, almost total absence of activities and little contact with staff, prison-like environment, almost
no activities in most of the places visited, information notices on rights which often only exist in French,no consultation with a psychologist, but also good practice of wide access to outdoor courtyards.583

2.1. Conditions in CRA
Overall living conditions
The 2019 Detention report gives a specific description of the detention conditions in each CRA:
CRA

General conditions /specific elements

Sanitation and foodCollective spaces

Mainland France
Bordeaux

Completely
2011

renovatedin

2 showers and 2 toilets

Canteen with 2 TVs

3 nurses on site every day, 2doctors part time

One TV room

Many asylum seekers aredetained after being placed
under a Dublin procedure.
Coquelles

The detention centre is theclosest one to Calais. It has
operated for 17 years and is
dilapidated.
The detention centre
divided into 3 zones.

578

579

580

581

582

583

is

20m² secured outdoor patiowith table-soccer game, 2benchesandsport
equipment, free access
3 to 4 showers per zone and1 toilet per room

25 rooms (2 to 5 beds perroom)

4 nurses and 2 doctors (1 or
2 nurses on site every day)1 TV per zone
1 collective space and aphone box

See Assfam, Forum réfugiés – Cosi, France terre d’asile and La Cimade, Incendies en rétention :illustrations de la violence de l’enfermement, 13 July 2016, available in French at:
http://bit.ly/2jU9qPm.
Le Parisien, ‘Bois de Vincennes : une unité du centre de rétention part en fumée après uneévasion’, 5 December 2017, available in French at: http://bit.ly/2FGK27V.
Libération, ‘Mouvements de grève de la faim dans quatre centres de rétention administrative’, 18January 2019, available in French at: https://bit.ly/2ImNNVr.
La Cimade, Rétention : mort d’une personne par pendaison, 30 December 2019, available inFrench at : https://bit.ly/3arLPwb.
See e.g. Infomigrants, ‘Centres de rétention en France : la colère d'étrangers sans perspective
d'avenir’, 13 August 2020, available in French at : https://bit.ly/2NIFztS.
Council of Europe, CPT, Rapport au Gouvernementde la République française relatif à la visite
effectuée en Francepar le Comité européen pour la prévention de la torture et des peines ou
traitements inhumains ou dégradants (CPT) du 23 au 30 novembre2018, 24 March 2020, available
in French at : https://bit.ly/39rfnJw.

129

Many people are detained
without
perspectiveofdeportation. In 2018, 148foreigners have declared
being minors but were notconsidered as such by theauthorities.

HendayeTemporarily closed in 2017,
but re-opened in April 2018.

Courtyard with benches, free
day-time access2 nurses and 2 doctors
15 showers and 15 toilets

LilleLesquin

14 rooms composed of 2
beds each and 1 room for acoupleSecurity concerns arose fromthe lack of police presence
within the detention centre.

2 TV rooms, board games, aplay room for children

Vulnerable
detained

2 courtyards with a tablesoccer,
tennistable,
basketball
hoop,
sport
equipment, bench, cigarettelighter

persons

were

The detention centre has
been open since 2006. Manyasylum seekers under Dublin
procedures were detained at
the end of 2017, despite thedecision of the Court ofCassation.
Following
medicalexaminations demonstrating
serious health issues, several
other persons were released
and their repatriation was
suspended.

45 showers and toilets

42 rooms with 2 beds, 3
rooms with 4 beds

3nurses, 5 doctors
180m² hallway with a bench,a fountain and a phone box,
giving access to the offices of
the association and the OFII.
Courtyard with a table tennis
and a playground, freeaccess from 5 a.m to 23 p.m

A handicapped man was also
released a few hours after his
arrival due to the lack ofappropriate
supportforhandicapped persons.
Since the end of 2018, 3
rooms are dedicated to host
peoplepreviously
condemned for acts ofterrorism.
Videoconferencingforinterviews with OFPRA isavailable. Several technicaldysfunctions
have
neverthelessbeen
denounced, as well as thestressful and intimidating
character of the room.

130

Lyon-Saint
Exupéry

The detention centre islocated in a former low costhotel and is opened since1995.

In 2018, 118 asylum seekers
placedunder
Dublinprocedure were detained; 20of them were sent to the state
responsible
for
their
application (mainly Italy) the
day after their arrival through“special
flights”,
without
having access to legal aid.
Marseille

Detention conditions are
deteriorated by structuralproblems such as waters
leakages(especiallyincommonareas),
andbreaches in the air circulation
system

1 shower and 1 toilet per
room

26 rooms with 4 beds and 2
confinement rooms

There are 4 nurses (3 fulltime and 1 part-time) and 1
doctor but there is nopermanent access to the
medical unit

4 collective rooms with 4tables tennis and sport
equipment, free day-timeaccess2 outdoor courtyards (1 area
for men area, 1 area for
women/families) partly withgrass, free day-time access1 shower and 1 toilet per
room

69 rooms with 2 beds perroom

4 nurses, 3 doctors and 1
medical secretary

TV room, canteen andwalking zone, free accessduring the day
Outdoor courtyard coveredby wires, free access during
the day

Access to legal aid offered by
the association is difficult due
to long waiting lists. The
number of asylum seekers
underDublinprocedure
detained increased by 60% in
2018
(106
persons)
compared to 2017.
MesnilAmelot

The detention centre
divided into two facilities.

is2 showers and 4 toilets per
facility (20 people)

Many people detained havepsychiatric issues.

6 nurses, 5 doctors and 1
psychiatrist twice a week

Illegal practices led by thePrefecture
have
been
denounced (e.g. deportationof people during asylum
procedures, detention ofpeople with family links in
France etc.).
MetzQueuleu

Following a terrorist attack in2017 in Marseillle by aforeigner in irregular situation
who should have beendetained, the increase in thenumber of detainees resulted

120 rooms with two beds ineach of the 2 buildings and 1
confinement room per facility
2 collective spaces of 16.5m²
per building with 1 TV
One 80m² courtyardbuilding, free accessper

Playground for children

4 showers and 4 toilets perbuilding

7 buildings of 14 rooms (2beds par room)

3 nurses and 2 doctors
consulting on demand

Canteen and TV room ineach building131in the deterioration of living
conditions in the center;causing tensions among thedetainees and with the staff.

Difficult access to medicalcare, long and complicatedprocedures
to
get
an
appointment with the doctors
provided by OFII.

Severalfamilies
weredetained, in some cases formore than a week.

Large outdoor courtyard
separated in two zones (menand women/families) with aplayground for children andfootball and basketball fields
4 phone boxes

112 children detained in2018, 65 were less than 6
years old
Vulnerable young women,
mostly victims of humantrafficking, were detained.
Nice

The capacity of the centre
passed from 38 to 40 placesin 2018 Renovations torenew the rooms and theshowers are foreseen.

8 showers and 9 toilets (nodoors are provided so thatdetainees are obliged to use
sheets to preserve theirprivacy)

5 rooms with 6 beds each; 2rooms with 5 beds each

1 nurse every day and 1
doctor part-time 5 days aweek

1 outdoor secured courtyard.
Nothing in there. Ongoingworks to put wires above.

1 shared room with a TV, freeaccess during the day

Insufficient quantity of food,no halal food, which causes
many tensions between thedetainees and the policeNîmes

Although the detention centre
is a recent building, regular
dysfunctions
are
being
registered: detainees mostly
suffer from high temperaturesin the summer and cold
temperatures in winter due toheating interruptions
Interviews with OFPRA are
conducted
via
videoconferencing.

1 shower and 1 toilet perroom
2 nurses every day and 3
doctors part-time 5 days aweek

64 rooms with 2 beds each
1 room fordisabilities

peoplewith

2 TV rooms and 2 rooms witha table-soccer game

Detainees often complain
about the lack of halal food,causing tensions and an
important waste of food.

1 fenced courtyard built in
concrete with a tennis table

1 shower and 1 toilet per
room

20 rooms with 2 beds eachand 1 confinement room

Several vulnerable people
without real perspectives ofrepatriation
have
been
detained.
Palaiseau

The detention centre is close
to the prison of FleuryMérogis.

132

Detainees complain about
the lack of activities andabout the stressing situation
resulting from the lack of
information on the duration of
the detention.

1 nurse every day, 1 doctor 2
half-days a week
To protest against detention
conditions, detainees haveresorted to self injuries andhunger strikes.

1 TV room and 1 collective
room with a TV and a tablesoccer game
1 outdoor courtyard

Several cases of personal
belongings
andidentity
documents having been lost
have been reported.
ParisVincennes

Many detainees in 2018 wereseriously ill and under Dublin
procedures.

10 showers and 10 toilets perbuilding (3 buildings)
3 doctors, 8 nurses everyday

2 to 4 beds per room
1 collective room with a TV
and 1 console
1 fenced courtyard with atennis table and sporting
equipment, free access

Perpignan

CRA only for men.

3 showers and 3 toilets perbuilding (5 buildings)

22 rooms with 2 beds in each,
1 room with 4 beds

Nurses every day and 1
doctor 3 times a week

1 TV room

Tensions caused by thepresence of detainees withdrug addiction problems andhaving violent behaviours.

2 outdoor courtyards with afootball field and a tennis
table, free access from 7 a.m
to 23 p.m.

Detainees complained about
the lack of halal foodPlaisir

The detention centre islocated within the premises ofthe police station. Directions
to the CRA are nowhereindicated.

1 shower and 1 toilet per
room

14 rooms with 2 beds perroom

1 nurse every day and 1
doctor 2 half-day in the week

1 canteen with a TV and atable-soccer gameVideo
conferencingforinterviews with OFPRA isavailable, but since the hall is
not sufficiently isolated, thelack of privacy has beendenounced by detainees.

Detainees are obliged to stayin their rooms between
midnight and 7 a.m.

One 108m² fenced outdoor
courtyard (also covered withwires).

Meals
are
often
not
compatible with religious
believes

Violence committed by the
security as well as excessive
use of isolation measures
Many
detainees
wereseriously ill, i.e. suffering from133

physical handicap and/or
psychiatric problems or drug
addictions.
Adequate
treatment has not been
provided to them in thecentre.

RennesNumber of detainees (1,179)
increased by 10% in 2018
compared to 201716 showers and 18 toilets

Many people suffering fromsevere mental illnesses havebeen detained without taking
into account their situation

Collective hunger strike toprotest against the conditionsof expulsion.

1 nurse every day and 1
doctor 3 half-days a week

26 rooms with 2 beds perroom and 1 family room for 4
people.
2 confinement rooms (set up
in 2014)
1 collective room with TV,
sporting equipment and atable-soccer game
1 collective room per building
with TV
1 fenced and opaque outdoor
courtyard with a basketball
field and greenery areas.
Only day-time access.

RouenOissel

The detention centre islocated in the Londe-Rouvrayforest, within the premises ofthe police station. No directpublic transportation leads tothe detention centre.
The building is old andaffectedbymany
dysfunctions, mainly in the
men’s area where there areregularwater
leakages(certainrooms
areparticularly
moist),
theheating is not functioning wellin common areas and therooms are humid
The right to an effective
remedy is not respected forpeople coming from prisons(decision notified on Friday
evening).

1 shower and 1 toilet per
room

72 places (53 for men and 19
for women)

3 nurses and 1 doctor

14 rooms (8 rooms with 6
beds each, 2 rooms with 5
beds each, 3 rooms with 4
beds each and 1 room with 2
beds)
In the “men’s area” there are
1 table-soccer game, 1 tabletennis game and 2 rooms
with TV
In the “women and familyarea” there is a 40 m² room
for children with toys and atennis-table game. There isalso a TV room
In each area there is a small
fenced outdoor courtyard

Excessive and unjustified
use of isolation measures.
Violence committed by thepolice have been frequently
reported in those situations.

134

Sète

The detention
dilapidated.

centreis

1 shower and 1 toilet per
room

12 rooms with 2 beds and 1
room for 4 people

Machines
withcoffee,cigarettes
andsnacksbroken; inadequate heating
system and air conditioning.

2 nurses 7/7 days and 1
doctor 2 days a week working
part-time

1 collective room of 50 m²
with TV and a table-soccer
game

Meals are subject to tensions
and detainees complain thatfood is insufficient. No halalfood.

1 fenced, covered andopaque courtyard of 47m²

Many people are detainedeven if affected by severe
mental illnesses.
Self injuries and hunger
strikes
toprotestarefrequent.
Strasbour
gGeispolsheim

CRA only for men.
83
detaineestransferred from LRA.

were

Since 2018, the number ofdetainees
placedunder
Dublin procedure increased.

ToulouseCornebarrieu

The detention centre wasbuilt in 2006. The buildings
are dilapidated. This includes
problems with the heating,isolation and breaks in thewalls, as well as dirty facilities
and showers with no hot
water.
The center is almost always
fullGood medical assistanceprovided, including external
consultation by specialised
doctors.
Self injuries and hunger
strikes have been registeredhowever.

1 shower and 1 toilet per
room

5 areas (3 for men, 1 for
women and 1 for families)

1 doctor working part time 7/7
days part-time and2nurses
present 7/7days

61 rooms of 12m² (up to 20m²
for family rooms)
1 TV room

Several cases of important
psychological distress havebeen reported, leading insome cases to suicide
attempts

One 200m²
fencedandcovered outdoor courtyard
per area, free access 24/24h

Overseas
Guadeloupe

Poor detention conditions
and particularly poor medical
follow-up
Rooms often infested by
insects.

5 showers and 3 toilets
Poor medical support as nodoctors are present in thecentre. 1 nurse working parttime during the week and 1
nurse during the week-end.

8 areas: 6 for men and 3 forwomen. Rooms of 12m² with
4 beds each.
Canteen with TV, Outdoor
courtyard, completely fenced

135

GuyanePoor medical follow-up eventhough detention conditions
have improved.

7 showers and 6 toilets

Tensions between detainees
and security staff

1 doctor 3/7 days

Men’s area: 5 rooms with 5
beds each

1 nurse 6/7 days in themorning until 3 pm.

In practice, the doctor
intervenes mostly on request
and can only be reached byphone when absent.

Women’s area: 4 rooms with
3 beds each
2 completely fenced outdoor
courtyards closed during thenight

Hunger strikes have beenorganised in October 2018 toprotestagainsttheinsufficiency of the food. A
suicideattempt
wasregistered in October.

MayotteA new detention centre was
opened in Mayotte
in
September 2015, to replacetheoldcentrewhose
conditions
have
been
criticisedonseveraloccasions.
The centre has been recently
renovated and the detention
conditions are significantly
improved.

15 toilets plus 2 for disabled
people15 showers plus
disabled peoplefor

26 shared rooms (16 forindividuals and 10 forfamilies)2

1 doctor on site every
afternoon 5/7 days and three
nurses on site every day from
8 am to 6 pm

1 canteen
1 outdoor courtyard for allwitha playground forchildren, free access

Access to the rights very
difficult
(only
13%
of
detainees have seen NGO in
2018)
RéunionThis centre is closed forrenovation.

Separate places are provided for families in the 10 centres which are duly authorised. Access to education
is not foreseen in France in CRA since children are not supposed to stay there. However, the prohibitionof administrative detention for children is only applicable to unaccompanied children; children with theirfamilies can be detained for 90 days without access to education.
Access to open-air areas depends on the facilities. Facilities built after 2006, such as in Marseille, havebecome prison-like. In the majority of the centres, no activity is provided. As demonstrated in the abovetable, depending on the CRA, there may be a TV room (sometimes out of order or only broadcasting
programmes in French), a few board games, a table football or even several ping pong tables but this is
still insufficient, especially taken into consideration the length of detention which can amount to 90 days.584
Lack of activity and boredom are the day to day reality for persons held in these centres. The detainees
can in principle keep their mobile phones if they do not include camera equipment. Most people are
584

Ibid.

136

therefore not authorised to keep their phones and the police refuses to authorise them even if thedetainees offer to break the camera tool. Detainees may have access to reading material, depending on
the centre but computers are never made available. Finally, detainees can have contact with relatives
during restricted visit hours, however a number of detention centres are located in remote areas oraccessible with difficulty (no or limited public transportation).
Health care and special needs in detention
There is no specific mechanism to identify vulnerable persons or persons with special reception needs
while in detention.
Sanitary and social support is provided by medical and nursing staff. Their availability varies from one
centre to the other (from 2 days to 7 days a week). The care is given by doctors and nurses who belong
to an independent hospital staff. They are grouped in medical administrative detention centres(UMCRA).585 In principle, each person placed in administrative detention is seen by the nurse upon arrival.
The person is seen by the doctor upon request or on the request of the nurses, in principle within 2 daysof arrival. The threshold to determine that a health status is incompatible with administrative detention
seems to vary a lot depending on the doctors and the detention centres. In case of high-risk pregnancy,
doctors of the UMCRA may provide a certificate stating the incompatibility of the health of the person withplacement in administrative detention – but this is not automatic and this recommendation is not always
followed by the Prefect.
The General Controller of Places of Detention (CGLPL) issued an opinion in December 2018, urging fora revision of the UMCRA framework and an expansion of their capacity. 586 Moreover, in a report publishedafter an unannounced visit to an administrative detention centre in Lyon, the Controller General of placesof deprivation of liberty highlighted a number of shortcomings in the detention conditions. These include
insufficient information on the house rules, no systematic medical checks upon admission, and limitedaccess to a psychiatrist.587 In practice, however, nothing has changed in 2019 nor 2020.
The practical problems observed regarding access to healthcare relate to a lack of consideration for
psychological or psychiatric problems of the detainees, which was highlighted recently by CGLPL.588
Dozens of suicide attempts are reported each year in these centres. In some detention centres, the lackof continuing presence of medical units leads police officers to assess the needs of patients, as is thecase for example in Guadeloupe. In Bordeaux, in only one occasion a detainee has been released for
medical reasons whereas many of them suffer from physical or psychological pathologies.
More than 20 civil society organisations sent an open letter to the Minister of the Interior, raising concerns
about the increasing number of suicides, hunger strikes and self-harm in immigration detention centres;
the increase in the occupancy rate of the centres; and the difficulties in accessing care, especiallypsychiatric care.589
The lack of medical confidentiality is another concern. Out of 13 CRA visited by the CGLPL in 2017 and2018, more than half presented concerns about compliance with the principle of confidentiality. 590 Recent
figures are not available but similar issues continue to be reported.

585

586

587

588
589
590

Ministry of Interior, The Centres of Administrative Detention, available in French at:
http://bit.ly/1dM8BkC.
CGLPL, Avis du 17 décembre 2018 relatif à la prise en charge sanitaire des personnes étrangèresau sein des centres de rétention administrative, available in French at: https://bit.ly/2TiP5Bm.
Controller General of places of deprivation of liberty, Rapport de la troisième visite du centre derétention administrative de Lyon Saint-Exupéry, available in French at : https://bit.ly/3cIFbE1.
Ibid.
The open letter is available in French at: https://bit.ly/2W32Dps.
Ibid.

137

The six NGOs working in detention centres have also identified an important issue regarding victims ofhuman trafficking. In some cases, these victims have been properly orientated and supported by the
medical unit and the police, in Lille for example. The aforementioned NGOs have nevertheless pointed
out that victims of trafficking were mostly not provided with specific support. Their number in detention
centres is increasing, namely in Coquelles, Metz or Sète.

2.2.

Conditions in waiting zones

Conditions in waiting zones differ considerably from one area to another.
Roissy is the most structured and organised waiting zone in France, 591 insofar it provides adapted
infrastructure and concentrates all relevant actors in the same place. These include: the French Red
Cross (Croix rouge française) which provides humanitarian assistance and counselling; Anafé, which
provides legal information and assistance by phone and through a physical presence three days a week;
OFPRA conducts interviews with asylum seekers; and as of 2017 the JLD, stationed in an Annex of the
TGI of Bobigny in a building adjacent to the waiting zone. Neither the Red Cross nor OFPRA are
physically present in other waiting zones in the country.
Conditions are reported as more problematic in other waiting zones: NGOs have not the capacity toregularly access them and people detained can thus establish contact only by phone in order to obtainlegal aid. Waiting zones are also usually very small and the police is not trained accordingly.

3. Access to detention facilities
Indicators: Access to Detention Facilities
1. Is access to detention centres allowed to❖ Lawyers:❖ NGOs:❖ UNHCR:❖ Family members:

Yes
Yes
Yes
Yes

LimitedLimitedLimitedLimited

No
No
No
No

3.1. Access to CRA
Six NGOs are present quasi-permanently (5 to 6 days a week) in the centres as a result of their missionof information for foreigners and assistance in exercising their rights (see section on Legal Assistance).
The following NGOs lead this mission in CRA:
❖
❖
❖
❖
❖
❖
❖
❖
❖

Lot 1 (Bordeaux, Nantes, Rennes, Toulouse, Hendaye): La Cimade;Lot 2 (Lille 1 and 2, Metz, Geispolsheim): Ordre de Malte;
Lot 3 (Lyon, Marseille and Nice): Forum réfugiés-Cosi;
Lot 4 (Nîmes, Perpignan and Sète): Forum réfugiés-Cosi;
Lot 5 (Overseas): La Cimade;Lot 6 (Le Mesnil-Amelot 1, 2 and 3): La Cimade;Lot 7 (Palaiseau, Plaisir, Coquelles and Rouen-Oissel): France Terre d’Asile;Lot 8 (Bobigny and Paris): Assfam-Groupe SOS;
Mayotte: Solidarité Mayotte.

Some accredited NGOs can have access to all CRA. A Decree, adopted in June 2014, 592 regulates theaccess of NGOs to CRA. The list of accredited NGOs whose representatives (national and local) are able

591
592

Anafé, Aux frontières des vulnérabilités, February 2018, 35.
Décret du 24 juin 2014 modifiant les articles R.553-14-4 à R.553-14-8 du Ceseda complété parune note d’information du 28 octobre 2014 du ministre de l’intérieur relative aux modalités d’accèsdes associations humanitaires aux lieux de rétention.

138

to access the administrative detention places will be valid for 5 years. The exhaustive list of accessible
rooms and facilities is described; this excludes the police offices, the registry, the video surveillance room,
the kitchen, the technical premises. A maximum of 5 persons can make a visit within 24 hours. The timeof the visits should not hinder the proper functioning of the centre, preferably during the day and the week.
The head of the centre will be informed of the visit 24 hours in advance and can report the visit by giving
reasons and for a limited period.
In addition, some people enjoy free access to the CRA:
- The Council of Europe Commissioner for Human Rights;- The members of the European Committee for the Prevention of Torture;- The French and European Members of Parliament;- The General Controller of places of freedom deprivation;- The Prefects;- Public prosecutors; and- JLD.
Some others have more limited access: consulate staff; lawyers; families of persons held. 593 Only families(or friends) are subject to restricted hours. In Marseille, however, the frequent lack of police staff in thedetention centre leads the police to decide to focus on surveillance rather than providing the opportunity
for the visits to take place. Family visits are therefore sometimes simply cancelled for the morning. Since
the reform of the law on asylum, representatives from UNHCR have access to the administrative detention
centres in France under the same conditions as for waiting zones, meaning they have to get an individual
agreement whose validity is of 3 months renewable. They are authorised to conduct confidential
interviews with detainees who have applied for asylum in France.594
The law also allows access of journalists to administrative detention centres. 595 This access must be
authorised by the Prefect.596 In case of denial of access, the decision has to be motivated. 597 Their
presence must be compatible with detainees’ dignity, security measures and the functioning ofadministrative detention centres. 598 The detainees can refuse to appear on photographs or to bementioned in articles. The journalists have to preserve the anonymity of the detained children under any
circumstances. This condition does not apply to adults giving their authorisation for their identity to berevealed.599 The reform has also established the rule that journalists following Members of Parliament
visiting detention centres cannot be denied access to these centres. The same limitations regarding theanonymity apply in this case.600
Finally, in cases where alternatives to detention are implemented (persons under house arrest), the key
question of the exercise of rights of these persons is still to be dealt with. In fact, persons put under housearrest have neither access to information and free administrative and legal assistance by a specialised
association, nor formalised social support and free health care.
In the context of Covid-19, NGO activity continued in all centers which remained open.

593

594
595
596
597
598
599
600

Ministry of Interior, Persons having access to centres and locations of administrative detention,
available in French at: http://bit.ly/1SanmeE.
Article R.556-11 Ceseda.
Article L.553-7 Ceseda.
Article R.553-19 Ceseda.
Article R.553-20 Ceseda.
Article L.553-7 Ceseda.
Ibid.
Articles R.553-15, R.553-16 and R.553-17 Ceseda.

1393.2. Access to waiting zones
The list of NGOs accredited to send representatives to access the waiting zones, established by order ofthe Ministry of the Interior was last revised in May 2018 and will be valid until June 2021.601 It includes 10organisations:❖ Association nationale d'assistance aux frontières pour les étrangers (Anafé);❖ La Cimade;❖ Croix Rouge française;❖ France terre d'asile;❖ Forum réfugiés-Cosi;❖ Groupe accueil et solidarité (GAS);❖ Groupe d'information et de soutien des immigrés (GISTI);❖ Ligue des Droits de l’Homme;❖ Mouvement contre le racisme et pour l'amitié entre les peuples (MRAP); and❖ Ordre de Malte
Only Anafé provides support regularly in the waiting zone of Roissy airport, being present in their office
there few days each week. In other waiting zones, NGOs conduct visits based on the availability of theirvolunteers and/or when someone call them from waiting zones. Indeed, when a foreigner is detained in a
waiting zone, he/she must be given a list of contacts by the police including NGOs available in the area.

D. Procedural safeguards
1. Judicial review of the detention order
Indicators: Judicial Review of Detention
1. Is there an automatic review of the lawfulness of detention?
2. If yes, at what interval is the detention order reviewed?
❖ First review❖ Second review (if person not removed)

Yes

No

2 days30 days

Foreigners held in CRA are informed about the reasons for their placement in these centres through thenotification of the administrative decision to detain them with a view to their removal. This notification muststate clearly which removal ground serves as a basis for the detention and why the removal cannot be
implemented immediately. This document also mentions the legal remedies available to challenge thisdecision.
Foreigners also receive a notification of all their rights including the right to apply for asylum and their rightto linguistic and legal support in submitting their claim.602 According to the law,603 this notification should
be made (orally) to the foreigner in a language he or she understands. In practice, this is done in most of
the cases but not always. Detainees are also notified that their asylum claim will be inadmissible if it issubmitted 5 days after their rights have been notified. The claim is deemed to be admissible after 5 days
only if it is based on elements or events occurred after these 5 days. This condition is not applicable toforeigners from safe countries of origin; their claim will be deemed inadmissible in any case when it issubmitted five days after they have had their rights notified. 604

601

602
603
604

Arrêté du 29 mai 2018 fixant la liste des associations humanitaires habilitées à proposer desreprésentants en vue d'accéder en zone d'attente, available in French at: https://bit.ly/2NlDtw5.
Article L.551-3 Ceseda; Article R.553-11 Ceseda.
Articles L.551-2, L.111-7 and L.111-8 Ceseda.
Article L.551-3 Ceseda.

140

The law foresees a judicial review of the lawfulness of the administrative detention for all foreigners. The
legality of detention falls under the dual control of the Administrative Court and the Civil Court. Each court
examines specific and complementary aspects of the procedures. It is quite difficult to assert if there is a
judicial review of the lawfulness of administrative detention, as the Administrative Court reviews thelawfulness of the removal order and house arrest if this measure has been taken by the Prefect before
the placement in detention. The Civil Court i.e. Judge of Freedoms and Detention (JLD) intervenes twodays after this placement.

1.1. Administrative Court: Legality of administrative decisions of removal andhouse arrest
The Administrative Court is seized by a foreigner (asylum seeker if relevant) who challenges the legalityof the decisions taken by the Prefect, i.e. the measures of removal and/or house arrest. 605 Removal orders
and house arrest can be challenged within a period of 48 hours. This period starts from the notification of
the measure, and not from the arrival at the administrative detention centre, if this notification isconcomitant to notification of the measure of placement in administrative detention. The administrative
judge can, for example, verify that the Prefect has not committed a gross error of appreciation by ordering
the removal of the territory when the foreigner is entitled to stay on the French territory. The court basicallyhas to make a decision on the reasons why a foreigner has been placed in detention.
Moreover, the French Constitutional Court ruled on 4 October 2019 that the administrative court iscompetent to assess the legality of a decision to maintain a person in administrative detention if, basedon a motivated and written decision, the Prefect considers that the asylum claim has only been lodged toprevent a notified or imminent order of removal.606
The judge can also verify if the Prefect’s decision of house arrest does not contravene the best interestsof the foreigner and if the measure is proportionate. The administrative court must make a decision within
72 hours.607
The Administrative Court can, only in cases of an asylum claim, control the lawfulness of the detention. If
an asylum claim is submitted during detention, it is possible to challenge the decision of placement indetention within 48 hours after the notification of the detention. The claimant has to prove his or her claim
has not been submitted in order to make the removal measure fail. The court has to make a decision
within 72 hours after the claim has been lodged. 608
In several Prefectures, the asylum seeker is placed in detention on a Friday, to avoid the possibility for
him to access legal assistance during the weekend, and to carry out the transfer within 48 hours. In thesefrequent cases, there is no effective appeal for those people.

1.2. Judge of Freedoms and Detention (JLD): Conformity of deprivation ofliberty
The JLD, whose competences are set out in Article 66 of the Constitution, is seized by the Prefect at theend of the 2 days of administrative detention in order to authorise a prolongation after having examined
the lawfulness of the administrative detention. As stated by the Constitutional Court in its ruling of 4
October 2019, however, the competence of the administrative court to assess the legality of an order tomaintain people who ask for asylum in detention does not violate the French Constitution.

605
606

607
608

Article L.512-1 Ceseda.
Constitutional Court, Decisionhttps://bit.ly/2UGAELy.
Ibid.
Article L.556-1 Ceseda.

2019-807,

4

October2019,

availableinFrenchat:141

As regards the mandate of the JLD, he or she will check whether the police have respected the procedureand the rights of the person during the arrest, the legality of the police custody and the placement into
administrative detention. The judge will also check whether the custody is compatible with the personal
situation of the detainee.609 The JLD intervenes a second time after 28 days of detention if the person isstill detained and has not been removed. This judge can also be seized at any moment by the person
detained in administrative detention centres but these requests have to be very solidly argued (serious
health problems for instance) and are hardly considered admissible. 610 Appeals lodged against themeasure of removal or house arrest have suspensive effect over its execution. 611 It also possible for theforeigner to seize the JLD at any moment upon a motivated request during the first 48 hours. 612
The law enables then to challenge the removal decision from the moment of its notification. It implies itwill be impossible, theoretically, to remove someone before he or she has been in a position to seize thejudge, either administrative or civil.
Since the end of 2017, there have been cases of court hearings conducted by videoconference from the
CRA of Toulouse, whereas this was already the case in other CRA. 613 These have been denounced byNGOs on the ground that individuals are not provided with the minimum guarantees set out in the law,
namely the accessibility of the hearing to the public. 614 Some other cases have been reported in 2019,e.g. in Hendaye.615 The use of videoconference has been further developed during the health crisis in thecontext of COVID-19.616 Many court hearings have been carried out via videoconferencing since March
2020, thus raising fears that it becomes a standard practice after health crisis. Concerns raised include
the fact that it may render communication more difficult, especially in light of technical problems alreadyreported in practice, and a risk of undermining the rights of the defense In Mesnil-Amelot near Paris, on
the other hand, the JLD hearings take place in an annex of the Court (TGI) located in the CRA. Annexesof the competent courts are also established in Coquelles and Marseille for detention hearings.
As regards detention in the context of the Border Procedure, the JLD is competent to rule on the extensionof the stay of foreigners in the waiting zone beyond the initial 4 days. The stay cannot be extended bymore than 8 days,617 renewable once.618 The JLD must rule “within twenty-four hours of submission of thecase, or if necessary, within forty-eight hours of this, after a hearing with the interested party or theirlawyer if they have one.”619 The administrative authority must make a request to the JLD to extend custodyin the waiting zone and must explain the reasons for this (impossible to return the foreign national due tolack of identity documents, pending asylum application, etc.)
In Roissy, hearings take place in an annex of the Court (TGI) of Bobigny since the end of 2017. NGOs
also noted that this annex undermines the public character of hearings given the obstacles to physicallyaccessing the waiting zone of Roissy, as well as the right to legal representation insofar as lawyers haveno access to phone, fax or Wi-Fi to receive urgent documents if needed.620
609
610
611
612
613

614

615

616

617
618
619
620

Article L.552-1 Ceseda.
Article R.552-17 Ceseda.
Article L.512-3 Ceseda.
Articles R.552-10-1 and R.552-17 Ceseda.
See e.g. Observatoire de l’enfermement des étrangers, ‘Justice hors la loi ! Une audience illégale
au sein du centre de rétention de Toulouse”, Press Release, 4 February 2019, available in Frenchat : https://bit.ly/3blaVPD.
Syndicat des Avocats de France, ‘La justice par visioconférence : des audiences illégales au seinmême des centres de rétention’, 18 January 2018, available in French at: http://bit.ly/2Dyo5di.
Le Figaro, ‘Polémique après l’audience d’étrangers en visioconférence dans un commissariat‘. 10
October 2019, available in French at : https://bit.ly/37zim4q.
InfoMigrants, ‘Avec le recours aux visioconférences, une justice expéditive pour des étrangers en
rétention’, 20 August 2020, available in French at : https://bit.ly/3saR5NF.
Article L.222-1 Ceseda.
Article L222-2 Ceseda.
Article L.222-3 Ceseda.
ECRE, Access to asylum and detention at France’s borders, June 2018, 9.

142

2. Legal assistance for review of detention
Indicators: Legal Assistance for Review of Detention
1. Does the law provide for access to free legal assistance for the review of detention?
Yes
No
2. Do asylum seekers have effective access to free legal assistance in practice?
Yes
No
Legal assistance for persons held in administrative detention (including asylum seekers) is provided bylaw. Currently, six NGOs which assist foreigners are authorised, by agreement (public procurement) with
the Ministry of Interior, to provide “on duty” legal advice in CRA. As they are being informed of all new
people arriving in the centre, they inform the detainees and help them to exercise their rights during thedetention procedure (hearings in front of the judge, the filing of an appeal, request for legal aid etc.)621
These NGOs are present in the administrative detention centres quasi-permanently (5 to 6 days a week).
Some of these NGOs have set aside a budget to hire interpreters to assist detainees who do not speak
French or English, whereas others resort to volunteers.
Conversely, no legal assistance is provided in LRA.
As for the assistance given by lawyers, the law foresees that foreigners held in administrative detention
can be assisted for free by a lawyer for their appeals (during the hearing) in front of the administrative
court or for their presentation in front of the JLD. In practice, detainees can benefit from this assistanceprovided for free. Therefore, for the prolongation of administrative detention by the JLD, Article R.552-6
Ceseda foresees that “the foreigner is informed of their right to choose a lawyer. The judge can appoint
one automatically if the foreigner so requests”. Within the context of the procedure in front of theadministrative court, “the foreigner can, at the latest at the start of the hearing, ask for a lawyer to beappointed automatically. They are informed by the Clerk of the Court at the time of the beginning of theirrequest.”622
With regard to the confidentiality granted to the discussions between lawyers and their clients when theymeet within the detention centres, the situation can vary from one centre to the other. An office with frosted
windows is usually provided. It is however very rare that lawyers agree to go to the detention centres, as
detention centres are usually located quite far from the city centre. Lawyers can easily contact their clientsby calling a public phone or by calling the NGO present in the centre that will make sure the call isforwarded to the detainee.

E. Differential treatment of specific nationalities in detention
With regard to accessing the asylum procedure from detention, the law clarifies that detainees, uponhearing their rights, are notified that their asylum claim will be inadmissible if it is submitted 5 days after
their rights have been notified. The claim is deemed to be admissible after 5 days only if it is based onelements or events occurred after these 5 days. However, for persons coming from safe countries oforigin (see Safe Country of Origin), a claim submitted 5 days after they have had their rights notified may
be deemed inadmissible.623

621

622
623

French Public Administration, Rights of Foreigners Placed in Detention, available in French at:
http://bit.ly/1Mh1exu.
Article R.776-22 CJA.
Article L.551-3 Ceseda.

143

Content of International Protection
A. Status and residence
1. Residence permit
Indicators: Residence Permit
1. What is the duration of residence permits granted to beneficiaries of protection?
❖ Refugee status
10 years❖ Subsidiary protection
4 years
Residence permits are granted to refugees for 10 years (Carte de resident).624 That permit is also granted
ipso jure to their family, in particular to:- Spouses, partners (PACS) or their domestic partners if they have been admitted to join themaccording to the family reunification provisions;- Spouses, partners (PACS) or their domestic partners in case their union has been sealed after
the asylum application and under the condition it has been lasting for already over a year, and ifthey are genuinely living together;- Children within the year after turning 18 years old;
- Parents if the refugees are still under 18 years old by the day the asylum is granted.
Some difficulties had been identified in the past regarding this provision. Young girls were regularly
granted asylum on the grounds of the Refugee Convention, considering the risk of being exposed tofemale genital mutilation (FGM). Their mothers or fathers accompanying them often had their asylum
application rejected, since it is stated that opposing FGM does not expose them to a risk of persecution.
However, since 1 March 2019 they are issued a 10-year residence permit.625
Since 1 March 2019, residence permits delivered to subsidiary protection beneficiaries are granted for
four years (Carte de séjour pluriannuelle).626 The same residence permits are granted to their family on
the basis of the same pattern than the one used for refugees. 627
Refugees may encounter difficulties to get their residence permits issued or renewed. 628 Their residence
permits have to be issued the next 3 months following their request for such documentation. The samegoes for the subsidiary protection beneficiaries. 629 OFPRA may take longer than expected to deliver thenecessary documentation that has to be submitted for the issuance of their permits.
In 2020, due to health crisis resulting in the temporary closing of Prefectures, the duration of residence
permits expiring between 20 March and 15 June 2020 have been automatically extended by 180 days.

624
625
626
627
628

629

Article L.314-11(8) Ceseda.
Article L.314-11(8)(d) Ceseda, as amended by Article 64 Law n. 2018-778 of 10 September 2018.
Article L.313-25 Ceseda, inserted by Article 1 Law n. 2018-778 of 10 September 2018.
Ibid.
See e.g. La Cimade, ‘De longues files d’attentes virtuelles pour accéder aux préfectures’, 19
December 2017, available in French at: http://bit.ly/2BVdrZe, although these have not beenencountered by Forum réfugiés – Cosi in the areas where it operates.
Articles R.743-3 and R.743-4 Ceseda.

144

According to provisional Ministry of Interior statistics, France granted 18,610 residence permits to
refugees and stateless persons and 9,460 to subsidiary protection beneficiaries in 2020.630 According to
OFPRA, more than 33,000 persons (including accompanying minors) have received protection in 2020.631

2. Civil registration
When protection is granted, a “family reference form” is sent to the beneficiary of international protection
by OFPRA, with the notification of the OFPRA protection decision or later, when the protection has been
granted by the CNDA.
Upon receipt of the family reference form duly completed, signed by the beneficiary of international
protection and sent by post, OFPRA begins the instruction for the establishment civil status documents
begin. The time limit for issuing documents is 3 months, insofar as possible. For 2018, OFPRA reported
a 4.6 months average time for delivering those documents. However, this is only an average and somebeneficiaries of international protection wait much longer for their documentation. OFPRA has prioritised
the issuance of civil status documents for some categories of persons, for instance unaccompanied
children, girls at risk of FGM and relocated refugees.632
OFPRA takes into account the documents provided by the beneficiary of international protection in his or
her asylum application file, namely foreign civil status documents, identity or travel documents (national
identity card, passport). Statements of the beneficiary at the time of filing of his or her application for
asylum, during the interview at OFPRA and on the family reference form, are also taken into account.
The personal status of the beneficiary of international protection will continue to apply according to thelaw of the country of origin for all rights acquired before the grant of international protection. For instance,a religious marriage will be valid in France if the national law of the person considered it as official, eventhough French law does not recognise this type of union. By way of exception, French law will apply toacts prior to the recognition of the international protection in two cases: (a) French law will prevail in caseof a right contrary to French public order e.g. polygamous marriage; and (b) same sex marriage willautomatically be recognised pursuant to French law, even if not recognised under the law of the countryof origin.
French law applies to all events subsequent to the grant of international protection. The beneficiary may
therefore marry, enter into a civil union (PACS) or divorce according to French law. 633

3. Long-term residence
Indicators: Long-Term Residence
1. Number of long-term residence permits issued to beneficiaries in 2020:

18,610According to French law, refugees obtain a long-term resident status from the moment they are granted
asylum. It is possible at the moment of the renewal of this permit to be issued ipso jure permanent resident
status.634 This permanent residence permit is only issued if the third-country national can prove his or her
proficiency of the French language,635 and if her or his presence is not a threat to the public order.636

630

631
632
633
634
635
636

Ministry of Interior, Chiffres clés – titres de séjour, 21 January 2021 available in French at:https://bit.ly/3bmSz0H
OFPRA, ‘Les premières données de l’asile 2020 à l’OFPRA’, 21 January 2021,
OFPRA, 2017 Activity report, 56.
OFPRA, Guide of procedures, 2015, available at: http://bit.ly/2mI3utk.
Article L.314-14 Ceseda.
Ibid. and Article L.314-10 Ceseda.
Article L.314-14 Ceseda.

145

The threat to the public order is assessed in practice through the potential criminal sentences pronounced
against a third-country national. No systematic discrimination against specific nationalities has beenreported in this regard. The difficulty encountered to benefit from this status is more likely to be linked toa lack of information. As mentioned in the law, this status has to be claimed. Ipso jure has to be interpreted
as the fact it cannot be denied if a third-country national, complying with the conditions listed by legal
provisions, asks for it. Prefectures, at the moment of the renewal of the first residence permit, do not
automatically indicate to refugees they can be issued such a document.

4. Naturalisation
Indicators: Naturalisation
1. What is the waiting period for obtaining citizenship?
❖ Refugee status❖ Subsidiary protection
2. Number of citizenship grants in 2020:

None
5 years
Not available

There are several ways to obtain citizenship according to French law. It is possible to be naturalised bydeclaration or by decree. Naturalisation by declaration is only possible for refugees and beneficiaries ofsubsidiary protection’s children born in France or arrived in France before turning 13 years-old. Otherwise,
their children will either have to lodge an asylum claim of their own or submit a residence permit request.
It is also possible to access citizenship by marriage to a French citizen.
Beneficiaries of international protection usually obtain citizenship by decree. The criteria and conditions
for naturalisation are listed in the Civil Code and the 1993 Decree on citizenship, 637 as follows:
1. Five years of previous regular residence; 638
2. Strong knowledge of French: the candidate can produce a diploma or any document certifying
his or her linguistic skills, proving he or she is able to have a conversation about any topic of hisor her interest;639
3. Strong knowledge of History of France and its institutions, culture, and place in the world, as well
as strong knowledge of the exercise of the French citizenship;640
4. The candidate must not be subjected during his or her stay in France to a sentence of 6 months
or more of imprisonment;641
5. Entire subscription to the values and symbols of French Republic. 642
A leaflet is issued to any candidate to citizenship. This document describes the criteria the candidates
have to meet to be deemed eligible for citizenship. The law establishes integration in the French society
as a compulsory condition. This leaflet is then not distributed in other languages. Along with the leaflet,
the candidates are issued the list of documents they have to produce. 643 Beneficiaries of refugee status
are not bound by the five years of residence requirement. They are legally authorised to candidate fornaturalisation from the moment they are granted asylum.644 The difficulty they encounter is linked to theirknowledge of the language.
Beneficiaries of subsidiary protection fall under the general rules. They have to wait for 5 years before
being authorised to lodge their citizenship claim. This period can be shortened to 2 years if they graduate
637

638
639
640
641
642
643
644

Decree n. 93-1962 relating to citizenship declarations, naturalisation, reintegration, loss, forfeit andwithdrawal of the French citizenship decisions, 13 December 1993, available in French at:
http://bit.ly/2j89AmO.
Article 21-17 Civil Code.
Article 37(1) Decree n. 93-1362.
Article 37(2) Decree n. 93-1362.
Article 21-23 Civil Code.
Article 21-24 Civil Code.
Article 37-1 Decree n. 93-1362.
Article 21-19 Civil Code.

146

after 2 years spent in a French university, if they render an exceptional service to France or if they candemonstrate they are particularly well-integrated.645
The citizenship application has to be lodged at the Prefecture. The prefecture has 6 month to process theclaim,646 during which an interview is conducted to assess the level of integration of the candidate,regarding especially his or her knowledge of the language and of the French “culture”.647 If the Prefecture
takes a positive decision, it is transmitted to the Ministry of Interior in charge of adopting a decree relating
to the acquisition of citizenship by the candidate. 648 The Ministry has to make its decision within 18 months
following the transfer of the notice by the prefecture. 649 These deadlines can be extended once for threemonths on the basis of a written and motivated decision. 650
In practice, refugees encounter many difficulties beyond the mere ones linked to their knowledge of thelanguage that does not reach the required level. The interview conducted aims also to determine the levelof integration on the French society of the candidates. This assessment is very wide since, according tolawyers supporting refugees in this process, economic and cultural aspects are taken into account, as
well as their ties with their original community. The Prefecture will particularly scrutinise the relationshipclaimants have with French people. In that sense, claimants are used to submitting more documents thanthose required by law. For example, they will produce testimonies from teachers if they have children,
proof of their economic situation or testimonies of French friends.
A total of 41,927 persons were granted French citizenship by decree in 2020 compared to 49,671 in 2019,55,830 in 2018 and 65,654 in 2017, though this number is not limited to beneficiaries of international
protection.651

5. Cessation and review of protection status
Indicators: Cessation
1. Is a personal interview of the asylum seeker in most cases conducted in practice in the
cessation procedure?
Yes
No
2. Does the law provide for an appeal against the first instance decision in the cessation
procedure?
Yes
No
3. Do beneficiaries have access to free legal assistance at first instance in practice?
Yes
With difficultyNo

In 2019, OFPRA ended protection of 263 persons (compared to 414 in 2018), affecting 235 persons witha refugee status and 28 persons with a subsidiary protection. Statistics on the year 2020 were notavailable at the time of writing of this report.

5.1. Grounds for cessation
Regarding refugees, the law reflects the cessation grounds set out in Article 1C of the Refugee
Convention.652

645
646
647
648
649
650
651

652

Article 21-18 Civil Code.
Article 41 Decree n. 93-1362.
Article 46 Decree n. 93-1362.
Ibid.
Article 21-25-1 Civil Code.
Ibid.
Ministry of Interior, L’accès à la nationalité, 21 January 2020, available in French at:https://bit.ly/3k5aGMk.
Article L.711-4 Ceseda.

147

Regarding beneficiaries of subsidiary protection, the law includes provisions inspired by the Refugee
Convention. The benefit of subsidiary protection ceases when the conditions leading to grant theprotection no longer exist. It is also the case when there is a significant and durable change of context inthe country of origin of the beneficiary.653
In 2019, 176 cessations of protection for refugees were due to the application of article 1-C of the Geneva
Convention (end of fears of persecutions) mainly for people from Russia, DRC, Sri Lanka and Turkey.654
Information on the number of cessations in 2020 was not available at the time of writing (March 2021).
There is no systematic review of protection status in France. Cessation is not applied to specific groups.
There are no systematic difficulties in relation to the application of cessation either. In practice, people
who were granted asylum on the grounds of family unity may, following divorce, no longer be considered
as refugees. In relation to children, however, the CNDA held in 2018 that, in line with the principle of family
unity, a child benefitting from the same refugee status as his mother could not be subject to cessation by
the mere fact of reaching the age of 18, as long as the mother maintained refugee status. 655 Family unity
is not applied to subsidiary protection beneficiaries.
In practice, cessation is mostly applied when there is a fundamental change of context in the country oforigin of beneficiaries. For instance, the CNDA applied cessation in 2016 to a Vietnamese who
was granted refugee status in 1977 because of the fundamental changes which occurred in the country
since that date.656 In 2018, it refused to apply cessation to refugees from DRC and Sri Lanka due to thefact that the change of circumstances was not of a significant and durable nature. 657
In a case concerning two girls at risk of FGM in Mali, the CNDA refused to apply cessation despitestatements from the girls’ mother that the prevalence of FGM was dropping in the country of origin. The
Court relied on the best interests of the child principle enshrined in the Convention on the Rights of theChild, and the protection against FGM set out in Article L.752-3 Ceseda, to conclude that there was nochange of circumstances.658
As regards cessation grounds due to the individual conduct of the beneficiary pursuant to Article 1C of
the Refugee Convention, the CNDA has delivered several relevant judgments in recent years:--

Re-establishment in the country of origin: Cessation under Article 1C(4) of the Convention
was applicable in the case of a beneficiary who travelled to the country of origin despite warnings
that his or her Travel Document does not allow travel to that country, and who obtained
authorisation to travel from the country’s consular authorities in France;659
Re-availment of protection of the country of origin: In the case of a refugee who was issued
a driver’s licence in the country of origin without physically returning to the country – as theprocedure was handled by his wife – the issuance of an official document could not constitute reavailment of the protection of the country of origin pursuant to Article 1C(1) of the Convention. 660

5.2. Cessation procedure
The cessation decision can be made without any interview by OFPRA. OFPRA has however the obligation
to address a notice to the refugee or beneficiary of subsidiary protection about the decision to initiate the
653
654
655
656
657

658
659
660

Article L.712-3 Ceseda.
OFPRA, 2019 Activity report, 63.
CNDA, M. O., Decision No 17013391, 31 December 2018.
CNDA, M. D., Decision No 14018479, 25 February 2016.
CNDA, M. K., Decision No 18001386, 17 October 2018 (DRC); M. L., Decision No 17047809, 25
May 2018 (Sri Lanka).
CNDA, Mme S and Mme F., Decision Nos 17038232 and 17039171, 26 November 2018.
CNDA, M. Q., Decision No 16032301, 6 July 2017.
CNDA, M. H., Decision No 16029914, 14 September 2018.

148

cessation proceedings and the grounds of this decision. The beneficiary is therefore put in a position toformulate observations against this decision. He or she may summoned to an interview at OFPRA upon
the regular procedure scheme.
The cessation decision made by OFPRA can be challenged before the CNDA under the same conditions
as an appeal lodged under the Regular Procedure: Appeal. In such a case, the CNDA shall examine theapplicability of all cessation clauses and not limit itself to the specific cessation ground raised by OFPRA,
according to a 2017 ruling of the Council of State.661 This was confirmed by the CNDA in 2018.662

6. Withdrawal of protection status
Indicators: Withdrawal
1. Is a personal interview of the asylum seeker in most cases conducted in practice in thewithdrawal procedure?
Yes
No
2. Does the law provide for an appeal against the withdrawal decision?

Yes

No

3. Do beneficiaries have access to free legal assistance at first instance in practice?
Yes
With difficultyNo

The withdrawal of the residence permit is only possible in France if protection status is also withdrawn.
The 2018 asylum reform has rendered withdrawal of international protection mandatory, whereas it waspreviously only optional for OFPRA.
According to the law, as amended in 2018, refugee status shall be withdrawn where the refugee:663
1. Should have been excluded from refugee status under Articles 1D, E and F of the Convention;
2. Obtained status by fraud;
3. On the basis of circumstances arising after the grant of protection, must be excluded under
Articles 1D, E and F of the Convention;
4. Constitutes a serious threat for national security;
5. Has been sentenced in France, another EU Member State or third country whose criminal
legislation and jurisdictions are recognised by France for a crime related to terrorism or for an
offence by 10 years of imprisonment, and represents a serious threat for society.
The CNDA has interpreted the concept of fraud for the purposes of withdrawal under Article L.711-4
Ceseda. It found on two occasions in 2018 that refugee status cannot be withdrawn if the fraudulent
elements of the claim were not determinant for the grant of protection.664
In 2019, 47 withdrawal decisions affecting refugees have been taken on the ground of article L.711-6
CESEDA, i.e. a public order threat. Statistics on the year 2020 were not available at the time of writing.
Subsidiary protection shall no longer be granted in the event where:665

661
662
663

664

665

Council of State, Decision No 404756, 28 December 2017.
CNDA, M. M., Decision No 15003496, 28 November 2018.
Articles L.711-4 and L.711-6 Ceseda, as amended by Article 5 Law n. 2018-778 of 10 September
2018.
CNDA, M. G., Decision No 14020621, 15 February 2018, where the Court found that the refugee’s
overall credibility was unaffected by the fraudulent representation of certain dates during the asylum
procedure; CNDA, M. B., Decision No 13024407, 28 September 2018, where the refugee’s
fraudulently declared identity (that of one of his brothers) did not affect his well-founded fear of
persecution on ethnic and political grounds upon return to Turkey.
Articles L.712-3 and L.712-2 Ceseda, as amended by Article 5 Law n. 2018-778 of 10 September
2018.

149

1. OFPRA or the Prefecture discover, after the protection is granted, that the beneficiary shouldhave been excluded from protection according to the Refugee Convention exclusion clauses,
or constitutes a serious threat to public order, public security or national security;
2. Subsidiary protection was obtained by fraud;
3. On the basis of circumstances arising after the grant of protection, the beneficiary must be
excluded from protection;
4. There are serious reasons to believe that the beneficiary has committed serious crimes which
would be sentenced by imprisonment if committed in France and has left the country of origin
solely to evade prosecution.
The procedure is the same as for Cessation.

B. Family reunification
1. Criteria and conditions
Indicators: Family Reunification
1. Is there a waiting period before a beneficiary can apply for family reunification?
Yes❖ If yes, what is the waiting period?

No

2. Does the law set a maximum time limit for submitting a family reunification application?
Yes
No❖ If yes, what is the time limit?
3. Does the law set a minimum income requirement?

Yes

No

The same legal framework is applicable to refugees and beneficiaries of subsidiary protection in terms offamily reunification. As soon as refugees and subsidiary protection beneficiaries are granted protection,
they are entitled to apply for it. Family reunification is permitted for: 666
1. Spouses or partners (PACS) with whom they were in a relationship prior to lodging their asylum
claim if they are at least 18 years old;
2. Partners who are at least 18 years old in case their union has been sealed prior to the lodging of
the asylum claim if they demonstrate they durably and steady lived together;
3. Children within the year after turning 18 years old;
4. First degree parents if the beneficiaries are still under 18 years old by the day asylum is granted.
Following the 2018 reform, unaccompanied children beneficiaries of international protection may
be reunited with their first degree parents and their dependant children.
The application for family reunification is not time limited. Family reunification is not subjected to income
or health insurance requirements.667
Beneficiaries’ family members have to request a visa at the French embassy with all the documentation
proving their relationship with the refugee or the beneficiary of subsidiary protection they want to join. 668
The embassy communicates to OFPRA the elements collected and asks for certification. If the informationcollected by the embassy corresponds to the declarations the beneficiary made to OFPRA, his or her
family members must be issued a visa without delay. 669

666
667
668
669

Article L.752-1(1) Ceseda, as amended by Article 3 Law n. 2018-778 of 10 September 2018.
Article L.752-1(1) Ceseda.
Article L.752-1(2) Ceseda.
Articles R.751-1 to R.751-3 Ceseda.

150

In practice, beneficiaries and their family members face difficulties in gathering the documentation proving
their family ties. In case of traditional or religious unions, they do not to have any certificate of thecelebration and cannot then prove they are married or partners. The same problems have been identified
concerning birth certificates. Such documentation does not even exist in some countries and the delays
for being issued a visa in order to come to France, in the framework of family reunification, can be very
long. On 23 March 2020, the Administrative court of Nantes issued a decision concerning the refusal of
the French consulate in Athens to register a family reunification request of a separated Afghan family.670
Due to COVID-19, family reunification was suspended for months in 2020: this situation was not foreseenin the decision listing exceptions allowing entry into France. This decision was challenged, and the Conseil
d’Etat decided in January 2021 that family reunification should not be limited in the context of healthcrisis.671 It ruled, inter alia, that this decision disproportionately infringes the right to normal family life andthe best interests of the child. Consequently a new decision was issued allowing the entry to territory to
persons coming for the purpose of family reunification.

2. Status and rights of family members
Family members are not granted the same status as sponsors, even though they are issued the same
residence permit. Upon their arrival in France, they have to present themselves at the Prefecture in order
to be issued this permit. They have to comply with the same obligations as any third-country national
allowed to stay in France. They will have the same rights as their sponsors, especially in terms ofintegration. Family members are not beneficiaries of international protection even if they have benefited
from family reunification with such a beneficiary.

C. Movement and mobility
1. Freedom of movement
Beneficiaries of protection are entirely free to settle in any part of the French territory. They are not
restricted to specific areas. During COVID-19, restriction of the freedom of movement was the same forall people in France, including beneficiaries of international protection.

2. Travel documents
The law states that the duration of validity of travel documents is defined by Article 953 of the General
Tax Code: 5 years for refugees, if it is a biometric travel document, and one year for beneficiaries ofsubsidiary protection.672 French law does not provide for duration of validity of non-biometric travel
documents. Official French websites, however, assert that the duration of validity of travel documents forrefugees is 2 years.673 In practice, whereas the law is clear on the 5-year duration, Prefectures issue only
2-year travel documents for refugees.
Geographical limitations are applied to these travel documents. Refugees and beneficiaries of subsidiary
protection are not allowed to travel to countries where personal fears have been identified. 674 Failure to

670

671

672
673
674

Administrative Tribunal of Nantes, 23 March 2020, Decision No. 2001918, see EDAL summary:https://bit.ly/3qxUQfL.
Council of State, Decisions Nos 447878, 447893, 22 January 2021, Available in French at :https://bit.ly/37xWWol.
Article L.753-4 Ceseda.
See Ministry of Interior, Accueil des Etrangers, at: http://bit.ly/2lmClJR.
Articles L.753-1 and L.753-2 Ceseda.

151respect these limitations may lead to the Cessation of the protection grant, as confirmed by a 2017 rulingof the CNDA.675
In 2015, the CNDA confirmed a cessation decision adopted by OFPRA, regarding an Afghan refugee who
had spent two months in his country in order to celebrate his marriage. However, considering thecurrent situation in Afghanistan, he has been granted subsidiary protection.676
Travel documents are issued by Prefecture. In practice, no specific problem has been reported, except
the fact that prefectures can be very slow in delivering the document.

D. Housing
Indicators: Housing
1. For how long are beneficiaries entitled to stay in reception centres?
2. Number of beneficiaries staying in reception centres as of 31 Dec. 2020

6 months
approx.12,000 677

Beneficiaries are allowed to stay in reception centres 3 months following their protection grant. 678 This
period can be renewed for another 3 months with the express agreement of OFII.679 During their stay inthe centre, beneficiaries are supported to find accommodation according to the mechanisms adopted by
the local authorities. At the end of 2019, 12,306 out of a total of 81,866 places listed by OFII (which differsfrom the total listed by the Ministry of Interior) in reception centres were for beneficiaries of international
protection.680 According to OFII, beneficiaries of international protection stay an average of 8 month inreception centre after having received a protection status.681
Beneficiaries can also be channelled to temporary accommodation centres (Centres provisoiresd’hébergement, CPH) upon an OFII decision. They will be then allowed to stay there for 9 months. This
stay can be renewed for a 3-month period.682 At the end of 2020, there were 8,710 accommodation placesin CPH spread across the different regions as follows:
Capacity of CPH per region: 2020

675
676
677

678
679
680
681

682

RegionMaximum capacity

Auvergne Rhône-Alpes

1,075

Bourgogne Franche-Comté

388

Bretagne

462

Centre331

Grand Est

615

CNDA, M. Q., Decision No 16032301, 6 July 2017.
CNDA, M. Z., Decision No 14033523, 5 October 2015.
OFII’s director, Opinion published in Le Monde, ‘Accueil des migrants : « Chacun devrait faire uneffort dans le débat pour être un peu plus républicain”’. 8 January 2021, available in French at :https://bit.ly/3dq5xgK.
Article R.744-12(1)(1) Ceseda.
Ibid.
OFII, 2017 Activity report, 24.
Le Monde, ‘Après la crise due au coronavirus, l’accès au logement des réfugiés sous tension’, 24June 2020, available in French at: https://bit.ly/2ZAkk04.
Article R.349-1 Code of Social Action and Families as amended by Decree n. 2016-253 of 2 March
2016 relating to temporary accommodation centres for refugees and beneficiaries of subsidiary
protection, available in French at: http://bit.ly/2jNt1xD.

152

Hauts de France447

Ile de France

2,758

Normandie

389

Nouvelle Aqutaine

705

Occitanie

543

Provence Alpes Côte d’Azur

469

Pays de la Loire

528

Total

8,710

Source: Ministry of Interior, Circular NOR: INTV2100948J, 15 January 2021

The implementation of integration mechanisms relies on Prefectures and local authorities. They sign infact an agreement with the stakeholders to support and assist beneficiaries with their integration. 683
Beneficiaries have to sign a republican integration covenant in which they commit to respect French
fundamental values and to comply with French legal obligations. 684 The agreement between Prefecturesand local stakeholders determines the role of each actor and their obligations towards the beneficiaries.685
The organisations running these centres have to house the beneficiaries but also support them in theirintegration process. They have to assist them in getting access to French classes, funded by the French
State, and accompany them in determining their professional orientation. At the end of their stay in CPH,
beneficiaries fall under the general rules applicable to foreigners and have to integrate in the private
market to get housing.
The actions implemented to facilitate beneficiaries’ integration vary from an area to another. 12 months,
in case the initial duration of stay has been extended, may not be enough for beneficiaries to get
integrated. France terre d’asile and Forum réfugiés – Cosi manage systems intending to facilitate thisaccess to integration. These mechanisms are focused on beneficiaries’ integration but are based on the
French general provisions dedicated to access to housing for insecure populations.
Forum réfugies – Cosi runs the Accelair programme. This programme is dedicated to refugees living in
Lyon area and who have been granted asylum for less than one year. On the basis of this programme,
places are saved for refugees within the real estates managed by providers of social housing. Refugees
registered in this programme are supported from 6 to 18 months. The duration of the support may dependon the individualised project of each beneficiary. This assistance aims to make refugees autonomous andto ensure their integration.686 It has been developed in Auvergne and Occitanie since 2016. In 2018, 1,721
families benefit from it. In its National Strategy for Integratoin published in June 2018, the governement
has annouced the development of similar programmes throughout the country.687. Several integration
projects have been developed through the country in 2019 such as HOPE, a program run by AFPA (apublic institution) which provides professional training and accomodation for refugees in many
departements.
Another example of proactive support in France is the national platform for the housing of refugees,
introduced as a pilot project by the Inter-Ministerial Delegation for Accommodation and Access to Housing(Délégation interministérielle à l’hébergement et à l’accès au logement, DIHAL).688 The platform maps
683
684
685
686

687

688

Article L.751-1 Ceseda.
Article L.311-9 Ceseda.
This agreement is attached by to Decree n. 2016-253 of 2 March 2016.
Forum réfugiés – Cosi, Programme d'intégration des réfugiés – Accelair, available at:
http://bit.ly/1TCowBy.
Ministry of Interior, Stratégie nationale pour l’accueil et l’intégration des personnes réfugiées, 5June 2018, available in French at: https://bit.ly/2tY4qfN.
DIHAL, Plateforme nationale pour le logement des réfugiés, May 2018, available in French at:https://bit.ly/2VLkDRp.

153

available accommodation spaces outside large cities and matches beneficiaries of international protection
with a place. In 2019, 20,020 refugees have been directed to housing thanks to this program.
However, despite several measures taken to enable beneficiaries to access accommodation, highnumbers of status holders leave reception centres with nowhere to go.
Access to housing was more difficult in 2020 in the context of COVID-19. In the first semester of 2020,
only 1,755 people exited the reception system with housing solution compared to 7,600 in 2019 (although
the latter is a full-year figure).689
As a result, many beneficiaries of protection are living in the streets or in camps. In Paris, amongst
thousands of migrants living in camps that are regularly dismantled, 15 to 20% are refugees. 690

E. Employment and education
1.Access to the labour market
Beneficiaries are allowed to access the labour market from the moment they are granted asylum, whether
they are refugees or beneficiaries of subsidiary protection. They have the same access as Frenchnationals except for positions specifically restricted to nationals.
However, they encounter the same difficulties regarding the access to this market as those they face interms of Housing. The same legal framework regulates the mechanisms of integration of beneficiaries
regarding employment. The organisations running the CPH are funded to support beneficiaries indetermining their professional path and facilitating their integration in the labour market.691 To do so, theseorganisations implement partnerships with stakeholders in charge of access to the labour market and thestruggle against unemployment. Then, they work in close collaboration with the French national
employment agency (Pôle emploi) or with local charities and NGOs to facilitate the professional integrationof beneficiaries.
In practice, it is more difficult for them to find a job. The first obstacle is obviously linked to the language.
Even if the law provides that the French State provides French classes, 692 is the current number of 240
hours of classes is rarely sufficient for beneficiaries to adequately command the language in order to geta job.693 Therefore, they often turn to their native community to be supported in their professional path,
which might complicate their integration. The number of hours of French classes has been increased toto 400 in 2019.
In the countryside, they also have difficulties regarding remoteness of location. Outside big French cities,
it is compulsory to have a car in order to have a chance to find a job. However, these difficulties are nottypical to beneficiaries even if they affect them more directly. They indeed cannot afford to buy a vehicle
and do not benefit from any family support.

689

690

691

692
693

Le Monde, ‘Après la crise due au coronavirus, l’accès au logement des réfugiés sous tension’, 24June 2020, available in French at: https://bit.ly/2ZAkk04.
Francetvinfo, Évacuation de campements de migrants à Paris : "Une partie des personnes se sontévaporées dans Paris", d'après l'adjointe à la mairie chargée de la solidarité, 7 November 2019,available in French at : https://bit.ly/2wpLmMy.
Article 8 Standard Agreement relating to the functioning of CPH, attached to the Decree of 2 March
2016 relating to temporary accommodation centres for refuges and beneficiaries of subsidiary
protection, available in French at: http://bit.ly/2jNt1xD.
Article L.311-9 Ceseda.
Libération, ‘Intégration des réfugiés: «sur la langue on perd un temps fou», selon un rapport’, 13January 2018, available in French at: http://bit.ly/2DS08uT.

154

Moreover, refugees and beneficiaries of international protection suffer from a lack of recognition of theirnational diplomas. This implies therefore that highly skilled beneficiaries face the main obstacles to enter
to the labour market. They have to accept unqualified jobs, mostly without any link with their previous job
in their country of origin. Social workers refer to protection beneficiaries as a “sacrificed generation”. They
have renounced practicing their original trade so that their children can graduate in France and be able
to aim for highly skilled positions.
In February 2018, a report from Member of Parliament Aurélien Taché put forward 72 proposals aiming
at reinforcing integration policy for migrants in France, among them beneficiaries of international
protection.694 A National Strategy for Integration based on this report was announced in June 2018, 695
while several provisions of the 2018 reform reflect some of the recommendations such asincreased French classes, development of integration programs like Accelair, mobilisation of housing forrefugees etc.
During COVID-19 in 2020, unemployment increased in France, affecting also the access to the labour
market for beneficiaries of international protection. In January 2021, the Ministry of Interior launched anational call for projects for the year 2021 on the integration of newcomers, including beneficiaries ofinternational protection.696

2. Access to education
Access to education is the same for beneficiaries as for asylum seekers (see Reception Conditions:
Access to Education). The main difference is linked to access to vocational training for adults. These
trainings fall under the professional integration systems described in the section on Housing.
Beneficiaries’ children are allowed to get access to any school included into the national education
system. They do not have to attend preparatory classes. In the event they have special needs, in termsof language or disability for example, they will be orientated accordingly to the general education system.
According to the OFII, 3,482 beneficiaries of international protection received a student scholarship in
2020.697

F. Social welfare
Once they are granted protection, beneficiaries have access to social rights under the same conditions
as nationals. This includes health insurance, family and housing allowances, minimum income, andaccess to social housing.
Several administrations are in charge of providing these services. These include: the health insurance
fund (CPAM) for health insurance (CMU), the family allowance fund (CAF) for family allowances, thehousing allowance (APL) and the minimum income (RSA), and Pôle Emploi for job search support andunemployment compensation.

694

695

696

697

Aurélien Taché, 72 propositions pour une politique ambitieuse d’intégration des étrangers arrivant
en France, February 2018, available in French at: https://bit.ly/2AiyZkG.
Ministry of Interior, Stratégie nationale pour l’accueil et l’intégration des personnes réfugiées, 5June 2018, available in French at: https://bit.ly/2tY4qfN.
Ministry of Interior, Appel à projets national 2021 relatif à l’intégration des étrangers primo-arrivants,
dont les bénéficiaires de la protection internationale, 25 January 2021, available at :https://bit.ly/3dBjZm7.
OFII on Twitter, available at: https://bit.ly/2NQQ3Y9.

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The Court of Cassation has ruled in a judgment of 13 January 2011 that refugees can benefit retroactively
from all benefits and other social welfare from the date of their arrival in France. 698 This is linked to thedeclaratory nature of refugee status, which does not exist for beneficiaries of subsidiary protection.
Social welfare administrations are essentially regulated at département level. It is therefore necessary to
inform them of any change of address and département for an effective follow-up of the files. The websites
set up by these administrations facilitate such procedures.
In practice, the difficulties encountered by beneficiaries of international protection are the same as thosefacing nationals and are linked to the inadequacies and shortcomings of the French system, which issometimes dysfunctional (e.g. access to counter sometimes difficult, delay for payments etc.). On theother hand, certain difficulties may remain due to the lack of proficiency in the French language, combinedby the lack of cooperation of certain administrative agents.

G. Health care
Health care for beneficiaries is the same as provided to asylum seekers, which is the same provided toFrench citizens. The difficulties encountered by beneficiaries are not specific to their status but are typicalof structural dysfunctions identified within the French health care system (see Reception Conditions:
Health Care).
In the context of COVID-19, testing and vaccine campaigns do not provide for any distinction according
to nationality and legal status and are therefore available for BIP if they meet priority criteria.699

698

699

Cour de Cassation, Decision N° 09-69986, 13 January 2011, available in French at :https://bit.ly/2waAemF.
Ministry of solidarity and health, ‘La stratégie vaccinale et la liste des publics prioritaires’, Available
in French at : https://bit.ly/389TeSg.

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ANNEX I – Transposition of the CEAS in national legislation
Directives and other measures transposed into national legislation
Directive

Deadline fortransposition

Date oftranspositi
onOfficial title of corresponding act

Web Link

Directive
2011/95/EU
RecastQualification
Directive

21 December
2013

29 July2015

Law n. 2015-925 of 29 July 2015 on thereform of asylum law

http://bit.ly/1Vwt38q(FR)

Directive
2013/32/EU
Recast Asylum
Procedures
Directive

20 July 2015

29 July2015

Law n. 2015-925 of 29 July 2015 on thereform of asylum law

http://bit.ly/1Vwt38q(FR)

Article 31(3)-(5) tobe transposed by
20 July 2018

Directive
2013/33/EU
RecastReception
Conditions
Directive

20 July 2015

29 July2015

Law n. 2015-925 of 29 July 2015 on thereform of asylum law

http://bit.ly/1Vwt38q(FR)

Regulation (EU)No 604/2013
Dublin III
Regulation

Directly
applicable
20 July 201329 July2015

Law n. 2015-925 of 29 July 2015 on thereform of asylum law

http://bit.ly/1Vwt38q(FR)

All legal standards of the CEAS have been transposed in French legislation and the transposition has
been considered correct in national litigation on this aspect. Doubt remains, however, regarding theconformity of several provisions:

700-

Receptions conditions limited to adults (Article D.744-18 CESEDA): Unaccompanied minors
are accommodated in the child protection system when their minority is assessed: if not, they can
ask for asylum as minors but they are not eligible to reception conditions.

-

Financial allowance for asylum seekers (Decree 2018-426 of 31 May 2018): The Council ofState requested an increase of the amount of the allowance twice, in order to comply with thecase law of the CJEU.700 The last amount decided by Decree was not challenged before theCouncil of State, but there are doubts as regards compliance with this case law.

-

Access to health care (Decree 2019-1531 of 30 December 2019): During the first three months
upon arrival in France, access to health care for all asylum seekers (including vulnerable persons)is limited to urgent care. The conformity of this provision with European law will probably beassessed by the Council of State in 2021.

CJEU, C-79/13, Saciri and Others, Judgement of 27 February 2014.