Criteria and restrictions to access reception conditions

France

Country Report: Criteria and restrictions to access reception conditions Last updated: 30/11/20

Author

Forum Réfugiés – Cosi Visit Website

The law establishes a national reception scheme, managed by the French Office on Immigration and Integration (OFII).[1] 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 provision applies 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 certification that 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 rejected in an accelerated procedure – safe country of origin, subsequent application, threat to public order or 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.

 

Asylum seekers’ financial contribution

 

Accommodation fees for asylum seekers are assumed 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 the accommodation provided under certain conditions. The deposit is refunded, totally or partially, to the asylum seeker when he or she leaves the reception facility. A Decree of 15 November 2016 states the deposit 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.[2]

 


[1]  Article L.744-2 Ceseda.

[2] Decree NOR: INTV1630817A of 15 November 2016 on the application of Article L.744-5 Ceseda, available in French at: http://bit.ly/2jGFPbS.

 

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