Admissibility procedure

France

Country Report: Admissibility procedure Last updated: 30/11/20

Author

Forum Réfugiés – Cosi Visit Website

General (scope, criteria, time limits)

The law provides OFPRA, as opposed to the Prefectures in Dublin cases, with the possibility to decide on the admissibility of asylum applications lodged before it.[1]

Claims are deemed inadmissible in the following cases:

  1. The asylum seeker already benefits from an effective international protection status (refugee status or subsidiary protection) in another EU Member State;
  2. 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
  3. 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 the interview 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 8 days of registration.[2]

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. The notification of the decision includes procedural aspects and delays to introduce an appeal to the CNDA to challenge the inadmissibility decision.

In 2017, OFPRA took 214 inadmissibility decisions concerning asylum seekers who already enjoyed international protection in an EU Member State or refugee status in a third country.[3] More recent figures on the number of inadmissibility decisions are not available.

 

Personal interview

 

Asylum seekers whose claim is deemed inadmissible are invited to the interview, except in the case of Subsequent Applications which represent the largest part of inadmissibility cases.

 

Appeal

 

There is a 1-month time limit for introducing an appeal before the CNDA. The appeal is not automatically suspensive.[4] 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.

 

Legal assistance

 

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

 


[1]           Article L.723-11 Ceseda.

[2]           Article R.723-16 Ceseda.

[3]           OFPRA, 2017 Activity report, 52.

[4]           Article L.743-2 Ceseda.

 

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