First country of asylum

France

Country Report: First country of asylum Last updated: 30/11/20

Author

Forum Réfugiés – Cosi Visit Website

The “first country of asylum” concept, requiring that a person has obtained international protection in a third country, is a ground for inadmissibility.[1] The possibility of enjoying “sufficient protection” is not enough 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 Council of 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.[2]

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.[3]

In 2017, OFPRA took 214 inadmissibility decisions on this ground.[4] No further statistics have been released since then.



[1]   Article L.723-11 Ceseda.

[2]  Council of State, Cimade et M.O., Decisions Nos 349735 and 349736, 13 November 2013.

[3]   Council of State, OFPRA v. M.S., Decision No 369021, 17 June 2015. 

[4]  OFPRA, 2017 Activity report, 52.

 

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