Differential treatment of specific nationalities in the procedure

France

Country Report: Differential treatment of specific nationalities in the procedure Last updated: 30/11/20

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There is no explicit policy of considering specific nationalities as manifestly well-founded. At most, we observe that some nationalities 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.[1] 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.

Since a CNDA judgment of March 2018, Afghan nationals widely benefit from protection. The CNDA held that the situation of indiscriminate violence in Kabul is of such degree for Article 15(c) to be triggered by a person’s mere presence.[2] In 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.[3] All relocated persons have previously undergone interviews with OFPRA, for the Office to assess their need for protection and potential threats to public order. No official data are available about this mechanism or the nationality of selected persons. However, it appears through communication on arrival in 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.

It should be noted that at the end of 2019 France has offered assistance to the return of rejected asylum seekers, combatting “illegal immigration” and the relocation of 400 asylum seekers from Greece.[4]

Asylum seekers that are nationals of countries listed as safe are dealt with most of the time under an accelerated procedure (see Safe Country of Origin). Their access to asylum from detention is also more circumscribed compared to other nationalities (see Registration). The average protection rate for such nationalities was 14.1 in 2018, at first and second instance combined, but there are important variations from one country to another. For example, in 2018, Kosovo had a general rate of 25.2%, Senegal had a rate of 19.6%, while Albania had 17.2%.

 


[1]OFPRA, ‘Les données de l’asile 2017 à l’OFPRA, 8 January 2018, available at: http://bit.ly/2EVQB5y.

[2] CNDA, M. H., Decision No 17045561, 9 March 2018.

[3] Senate, Reply to written question n. 05842, 24 January 2019, available in French at: https://bit.ly/2GRdMlI.

[4] ECRE, ‘France to assist Greece where situation continues to worsen’, 20 December 2019, available at: https://bit.ly/31u27By.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation