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What remedy should Ofpra reject the asylum application?

Verified 21 April 2021 - Directorate for Legal and Administrative Information (Prime Minister)

If your asylum claim has been rejected by theOfpra: titleContent, you can appeal to the NDA: titleContent. During the examination of your appeal, you are allowed to remain in France. If your appeal is rejected, you can file an appeal on a point of law with the Council of State.

You can file an appeal

  • or to seek protection in the event of rejection of theOfpra: titleContent,
  • or to apply for refugee status if Ofpra has granted you only the subsidiary protection.

The time limit for filing your appeal is one month from notification of the decision of theOfpra: titleContent.

If you fail to comply with the deadline, your appeal will be deemed inadmissible and the prefect may notify you of a obligation to leave the territory (OQTF).

Form of appeal

Your appeal may be presented on free paper. It must comply with the following conditions:

  • Be written in French
  • Contain your surname, first name(s), date and place of birth, nationality and domicile
  • Be reasoned, i.e. state the circumstances that may affect Ofpra's rejection of your application
  • Be signed by yourself or your lawyer
  • Indicate the language in which you wish to be heard at the hearing
  • To be accompanied by the decision of Ofpra to refuse the application and the documents to prove the validity of your application

If your appeal is completed within the time limit, you will receive a notice of registration from the CNDA by post with notice of receipt at the address you indicated in your appeal.

You have to have your foreign language documents translated into French. Your civil, judicial or police records must be translated by a sworn translator (list available from your court).

Who shall I contact

How can the appeal be forwarded?

The request must be sent by post or fax. In the latter case, a signed paper copy of your appeal must be produced no later than the day of the hearing or the documents sent by fax must be signed at the Court Registry.

Who shall I contact

The appeal to the CNDA is suspensive. You can stay in France until the decision of the National Court of Asylum even if your asylum application has been fast-tracked.

The notice of registration of your appeal by the CNDA allows you to request the renewal of your asylum application certificate.

However, you no longer have the right to remain in France (the asylum application certificate can be refused, withdrawn or its renewal refused) in the following cases:

  • Ofpra has ruled that your application is inadmissible or closed
  • You are subject to a final extradition decision
  • Ofpra shall decide that a request for review is inadmissible or reject the request for review after interview
  • Ofpra has ruled against you, because you come from a safe country of origin (POS) or your presence in France constitutes a serious threat to public order
  • Ofpra has made a decision rejecting or refusing your application for asylum because you are under investigation. expulsion order, a prohibition of French territory (ITF) or a administrative inadmissibility (IAT)

The proceedings before the National Court of Justice are free of charge.

However, you may have to pay the translation costs of your documents and the fees of a lawyer.

To meet these expenses, you can optionally benefit from legal aid, provided that such request is made within 15 days of notification of the Ofpra decision.

Your application must be submitted to the legal aid office of the National Court of Justice, at the latest within one month of receipt of your appeal.

Deadline

The National Court of Appeal must rule on your appeal within five months of being seised.

This period shall be reduced to 5 weeks if your application for asylum has been placed under the accelerated procedure or if your application is inadmissible.

If your case raises a new question of law presenting a serious and frequent difficulty, the CNDA may refer the matter to the Council of State for an opinion. Your case is suspended until such notice. You are notified and can submit your observations to the Council of State, which has 3 months to decide.

Once the review of your appeal is complete, you are called to a hearing before the National Court of Appeal to explain yourself orally. You are informed by post with notice of the date of the hearing at least 30 days before this date. The hearing is public, with limited exceptions, and may be held by video. You have the right to the assistance of a lawyer and an interpreter.

The Court may, however, rule by order (i.e. without a public hearing), if your action is manifestly inadmissible or does not contain any serious element. In the latter case, you have a right of access to your file before the possible rejection of your appeal.

Viewing the file

The request for consultation of the file is made by simple written request preferably sent by fax, or otherwise by post, to the reception service of the CNDA.

Who shall I contact

It is strongly recommended that you submit your request for a file consultation at least 48 hours in advance, as a delay is necessary for the processing of your request.

The request for consultation of the file must include the following information:

  • Name of the applicant (applicant or Ofpra)
  • Number of appeal
  • Desired date of consultation

Decision

The CNDA may annul Ofpra's decision and ask it to reconsider your application in the following 2 cases:

  • Ofpra did not carry out an individual examination of your application
  • He has not granted you a personal interview (except in cases where he is authorized not to grant it to you).

The public reading of the court's decision or posting to the CNDA or notification in case of an order is sufficient for the prefect, in case of rejection, to take a removal order (OQTF).

You obtain the renewal of your asylum application certificate upon presentation to your prefecture of the following documents:

  • Acknowledgement of receipt or receipt of the registration of your appeal by the CNDA
  • 2 photos
  • Proof of residence

Proof of domicile may be one of the following documents:

  • Proof of accommodation in reception centers for asylum seekers
  • Lease in the name of the applicant
  • Certificate of accommodation with a third party
  • Name of an approved association with which you are domiciled

Your certificate is renewed until the CNDA has notified its decision.

Who shall I contact

The ruling of the National Court of Justice is read out in open court.

It must be reasoned (substantiated) and notified to you, by registered letter with acknowledgement of receipt, in a language you are supposed to understand.

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Agreement

In the event of a favorable decision on your appeal, you will be summoned to the prefecture to receive a residence permit:

While waiting for the card to be issued, you will receive a receipt for application for a residence permit. It allows you to work.

Rejection

If your appeal is rejected, you can appeal to the Conseil d'État (Council of State) within 2 months of the notification of the rejection of the CNDA.

Who shall I contact

However, this appeal does not extend your right of residence. You receive a refusal of stay, accompanied by a obligation to leave France (unless you fulfill another legal condition to be admitted to the stay).

You must be represented by a lawyer in the Council of State and the Court of Cassation. Your lawyer signs the appeal.

Who shall I contact

You may, under certain conditions, benefit from legal aid. You must address your request to the legal aid office of the Council of State.

Except in exceptional circumstances, the appeal may not contain grounds and evidence which have not been submitted to Ofpra and the CNDA.

The Conseil d'Etat only verifies that the decision of the CNDA was in fact legally taken.

Only certain legal issues are examined. In particular:

  • Jurisdictional and procedural issues
  • Adequacy of the statement of reasons for the decision of the CNDA
  • Errors in interpretation of asylum texts

In the event of annulment of the decision of the National Court of Justice, the Council of State usually refers the case back to it, but may also decide to settle it definitively without referring it back.

If your appeal is dismissed, you will be forced to leave France if such a decision has not yet been enforced.