Monday, 28 March 2016

asylum seekers in France

The request to stay in France for asylum is made to the State representative in the department (that is to say usually the Prefect) or the prefect of police in Paris. It can also be made to a French consulate abroad. In case the application is filed in the territory, it can not be refused to consider this request for the simple reason that the person has entered the national territory illegally (under Article 31-2 of the Convention Geneva). In anticipation of the hearing by the applicant's Office for Refugees and the application process, it receives an asylum seekers.



This receipt, valid generally three months is a temporary residence permit (APS) and not allowed to work. The renewal of the receipt is possible until the end of the processing of the application. During this waiting period, under certain conditions, and if it is not the priority procedure, the applicant can receive the temporary waiting allowance (ATA), which is worth 11.01 euros per day in 2012. It in some cases can also receive accommodation in CADA. It is still very difficult for asylum seekers whose applications are being processed and have no identity documents other than their temporary residence permit to have access to a bank account [ref. necessary]; some people argue that they face unlawful refusal particular base this opinion on an interim order of the Paris Administrative Court of 16 March 200510,11,12.

The causes of refusal to stay within the asylum application [change | modify the code]
No rejection condition automatically asylum applications are in France. However there are four circumstances under which these applications can be educated in a priority procedure. There is no right to stay in France during the study records, characterized by the issuing of a residence permit, but in some of these cases, is investigating the case, for a time, suspensive an expulsion of the country:

demand within the jurisdiction of another European state (EC Regulation 343/2003 of 18 February 2003, also called "Dublin II agreements" 13). In this case, and only in this case, OFPRA will declare itself incompetent and does not process the application. A removal of the country can be taken by the competent authorities since the proceedings concerning the Dublin II Regulation was successful and only if it finds that the applicant has been registered in another country before arriving in France ;
foreign nationality of a country considered safe (20 countries since December 10, 2011 including Bosnia and Herzegovina, Georgia, Mali (most since December 2012 due to the conflict in northern Mali, at the request of UNHCR ), Mongolia, Senegal, Cape Verde or a country for which OFPRA plays clause 1 c 5 of the Geneva Convention (return to democracy or stabilizing a conflict situation, eg. Chile or recently Sierra Leone) the expulsion of the country can be taken by the competent authorities only if the answer of OFPRA Indeed, the formation of an appeal against the decision of the. OFPRA is not, in this case, not a precedent for expulsion of the country;
the presence of the alien constitutes a "serious threat to public order". A removal of the country can be taken immediately by the competent authorities;
the asylum application is subject to an abuse of that procedure (multiple identities and demands, attempt to obstruct a measure of deportation, etc ..). A removal of the country can be taken immediately by the competent authorities.