Reduction or withdrawal of reception conditions

France

Country Report: Reduction or withdrawal of reception conditions Last updated: 18/03/21

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The law describes the procedure to be followed by the management of reception centres and by the Prefect once a decision on the asylum claim which ends the right to remain has been adopted.[1] OFII informs the management of the reception centre where the asylum seeker is accommodated that the right to 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 are defined allowing for the reduction or withdrawal of material reception conditions, concerning both accommodation 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According to Articles L.744-7 and L.744-8 Ceseda, as amended in 2018, material reception conditions can be refused or withdrawn where the applicant: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;[2]
  2. Has provided false statements concerning his identity or personal situation, in particular his or her financial situation;[3]
  3. Has made a subsequent application or, without legitimate reason, has not made an application within 90 days of entry into the French territory;[4]
  4. Exhibits violent behaviour or serious disrespect of the house rules of the centre.[5]

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 but the Council of State ruled in 2019 that this guarantee also applies to withdrawal decisions in accordance with European law.[6] 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 can be appealed before the Administrative Court under the common rules of administrative law.

In cases of subsequent applications, some Prefectures systematically reduce reception conditions to the asylum 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.[7] It is also 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 of a 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.[8]

In French law, there is no official possibility to limit the reception conditions on the basis of a large number of arrivals.

 

 

[1]  Article R.744-12 Ceseda.

[2] Article L.744-7 Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.

[3] Article L.744-8(1) Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.

[4] Article L.744-8(2) Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.

[5] Article L.744-8(1) Ceseda, as amended by Article 13 Law n. 2018-778 of 10 September 2018.

[6]Council of State, Decision 428530, 31 July 2019, available in French at: https://bit.ly/2GFaSiB.

[7] Article L.744-8 Ceseda.

[8] Article R.744-11 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