Obtaining Political Asylum in France
Obtaining political asylum in France is a complex and lengthy process. Only a qualified lawyer specializing in refugee and asylum issues can create a refugee dossier that can be successfully defended before the French Office for the Protection of Refugees and Stateless Persons (OFPRA). If asylum is denied at the first instance, there is a special appeals court for refugee matters, the National Court of Asylum (CNDA), which can overturn OFPRA's decision and grant refugee status to the applicant.
Among European countries, France has always been known for its commitment to protecting human rights. It is a leader in accepting refugees and has the highest number of public human rights organizations among Western European countries. The European Court of Human Rights is located in Strasbourg, France. In the minds of many, France has always been and remains a welcoming and friendly country to foreigners. For these and many other reasons, Russian refugees often choose France as their destination for political asylum.
Below is information only about government institutions. These are the entities responsible for considering asylum applications. There are many agencies and associations with which individuals must interact during the asylum application process.
Who is involved in the consideration of asylum applications?
The CNDA will review your case and analyze the reasons for the OFPRA's rejection.
The court will request additional documents or information based on your history. At the CNDA, both the asylum seeker and the lawyer have the opportunity to demonstrate that OFPRA made an incorrect decision. First, the rapporteur reads your case, and then the judge and assessors ask additional questions to the asylum seeker. After that, the lawyer presents their observations. During the hearing, you must be especially vigilant, precise, and confident in your answers, as the presiding judge may ask specific questions that might not be chronologically related. If you have not yet had time to learn French and are not proficient in it, a free oral translator will be provided. The French government will also cover the lawyer's fees (aide juridictionnelle). At the CNDA, asylum seekers receive the assistance of a free lawyer in 60% of cases. Of course, it is better to hire a private lawyer, as state lawyers often face time constraints. They may not have the opportunity to meet with asylum seekers until the hearing itself, and there is always a risk that the lawyer may not fully understand your situation, the reasons for OFPRA's refusal, or may not be a specialist in your particular case.
Different types of asylum procedures - classical or expedited? OFPRA is responsible for processing asylum applications under both the standard (classical) and expedited procedures. In both cases, the application is theoretically examined in the same way. The major difference lies in the processing times. OFPRA makes a decision within 2 weeks for expedited procedures, as opposed to 6 months for the standard procedure. Individuals arriving from countries listed as "safe countries" are placed under the expedited procedure. The same procedure applies to individuals who request a review of their case after a refusal, those who submitted false documents, or those who refused to provide fingerprints. It may happen that OFPRA decides to cancel the expedited procedure, for example, for members of the same family. For example, among our clients were two sisters, one of whom was processed under the standard procedure, while the other was under the expedited procedure. In the end, both sisters' cases were examined under the standard procedure.
PADA
PADA is a platform for asylum seekers. Each department has at least one such platform. Some of them may have multiple offices within each department. They are responsible for welcoming newly arrived migrants and assisting with scheduling the first meeting at the prefecture.
OFII
At OFII, you will be asked to answer a series of questions to determine if you require special reception conditions. The role of this agency is both to provide reception conditions for migrants while their asylum applications are being processed and to assist in the integration of individuals who have already received protection (notably through the signing of a republican integration contract, which grants the right to 200 hours of French language lessons for migrants). OFII works closely with OFPRA.
OFPRA
This government agency is particularly important for asylum seekers as it makes decisions during the review of your application. You will need to submit all documents related to your case here. Initially, you will need to describe your personal situation over several pages, being as precise and concise as possible. It is important to highlight only the most crucial facts that you can substantiate with evidence.
You may use press articles or video materials as references, but remember that they should serve as documentary evidence of your personal experience, not the general situation in your country. Following this, an individual interview will be conducted by a protection officer (officier de protection) who will review your case. You need to prepare thoroughly for this interview, as the protection officer will ask specific, often personal questions. Try not to become overly anxious or nervous during the interview, as this could be misinterpreted by the OFPRA staff.
It is worth noting that many asylum seekers have positive memories of their interactions with OFPRA staff. You should clearly know your story, avoid inconsistencies between your written account and your answers to the officer’s questions. Do not repeat verbatim what you have already written, as the officer has read your written account and is well acquainted with its content. Answer only the specific questions asked.
If you do not speak French, a translator will be provided. The OFPRA office is located in Fontenay-sous-Bois (a suburb of Paris). It is where all asylum seekers in France go through, regardless of whether they live in Marseille, Nantes, Strasbourg, or any other city in France.
If it turns out that the case is more complex than initially thought, OFPRA may also decide to revert it to the standard procedure. We had a client with dual citizenship, one from a safe country and the other from a non-safe country. His case required more in-depth examination, so it was decided to transfer it to the standard procedure. Technically, the expedited procedure can be seen as a disadvantage. The consequences are primarily felt at the CNDA level when OFPRA refuses the asylum seeker and they appeal to the CNDA. Unlike a traditional asylum seeker who would have more time to prepare their defense and gather evidence, in this case, you will have about two weeks and your case at CNDA will be reviewed in an expedited manner by a single judge (juge unique) without assessors. According to OFPRA's 2018 report, 24 asylum applications submitted under the expedited procedure were transferred to the standard procedure last year.
Do you feel a bit overwhelmed by the large amount of information?
To simplify understanding the asylum application process in France, please refer to this diagram. We hope it helps you grasp the key points.
Procedure for Obtaining Political Asylum
CNDA
There is a possibility that you might receive a rejection from the OFPRA. In such a case, you will have the opportunity to appeal the OFPRA decision to the National Court of Asylum (CNDA). Below, you will find an approximate outline of the participants in a CNDA hearing, which will give you a general idea of how your case will be processed.
If you need help or consultation to obtain political asylum in France, contact our lawyers for a free consultation by writing to us via messenger or leaving a request below!
We offer a wide range of services, including complete support with visits to all institutions accompanied by our specialist, who will guide you through each step of the process.
Application
Contact the initial reception structure (SPADA) at your location for a referral to the Prefecture, 3-10 days from the date of application.
Reception at the Prefecture
The Prefecture will take fingerprints, determine the type of procedure (standard, expedited, Dublin), issue a refugee certificate and OFPRA form, and forward them to OFII for social assistance.
Submitting an application to OFPRA
Within 21 days after reception at the Prefecture. You must submit the completed form and attach supporting documents.
Review of the file
OFPRA staff will conduct an interview and analyze all submitted materials. You may be accompanied by a translator and/or lawyer.
Issuance of the decision
In the case of a positive decision, civil status documents are issued. A refusal can be appealed to the CNDA.
Appeal to CNDA
The decision of OFPRA can be appealed within 1 month. CNDA may overturn the decision of OFPRA or confirm the refusal.
It is evident that the requirements for the refugee status procedure are very high and involve many nuances, the lack of knowledge of which can cause irreparable harm to the asylum seeker. Language, legal, legislative, and many other barriers often act as a deterrent and sometimes stop applicants halfway to their goal. To prevent such a situation, it is essential to seek assistance from specialists and experts who can advise you on any issue related to obtaining political asylum at each stage of the process.
Contact us, and we will clarify any confusing situation for you and assist you in dealing with all the above administrative structures.
Moving to Live in France
Core Values of French Society and the Republic
Every year, France welcomes over 100,000 foreigners from non-European Union countries, from all regions of the world, who aim to permanently reside in France. France is a nation with a rich history and culture. The country’s name is synonymous with fundamental values upheld by the French. Such values exist in all countries and allow people to live together within a single society: some values are universal and common to all humanity, while others are specific to the culture of one country, shaped by the history of that particular region. They are so important that, when applied to people of different backgrounds, they unite them around common rules. These values are expressed in the motto of the French Republic: liberty, equality, fraternity.