THE ASYLUM SEEKER S Welcome book. Refugees must be protected

Transcription

1 Forum Réfugiés is a non-profit organisation under the 1901 law; it was founded in 1982 as an association of public interest. The organisation has a partnership agreement with the HCR and is a member of the European Council on Refugees and Exiles. THE ASYLUM SEEKER S Welcome book Refugees must be protected Forum réfugiés, October 2009 WITH THE SUPPORT OF THE EUROPEAN REFUGEE FUND

2 This booklet is for people intending to apply for asylum in France. It is meant as a practical tool to provide information about the asylum procedure and its associated social benefits. It is mainly intended for foreigners who have already entered France legally or illegally. It does not, therefore, concern asylum applications made at the border (in waiting areas) or in administrative detention centres. The specific situations of isolated minors or family reunification procedures are not dealt with in this document either. This information can be found on our website This booklet is the update of the December 2006 edition and integrates new laws and rulings made since. It is divided into three parts: the first part presents the asylum application procedure, the second part deals with social benefits (accommodation, health and financial support) and the third part includes a list of addresses of organisations and associations that may be able to help at the various stages of your asylum application process. The information in the first two parts is true for the whole of France, while the third part is more specific to the Lyon area. We hope that this booklet will be of use to you who are seeking protection in France. Any comments and suggestions to help us improve it will be gratefully received. Jean Costil President of Forum réfugiés Alain Couderc Lawyer Member of the Human Rights Commission of the Lyons Bar Jean-François Ploquin, Forum réfugiés Board Member

3 Warning The information in this document concerning the asylum application procedure is given within the framework of the following main texts: International texts - Geneva Convention of July 28 th 1951 relating to the status of refugees - New York Protocol of January 31 st 1967 relating to the status of refugees - New York Convention of September 28 th 1954 on the status of stateless persons - European Convention for the Protection of Human Rights and Fundamental Freedoms of November 4 th Dublin II Regulation: Council Regulation of February 18 th 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a thirdcountry national. -European Council Directive 2004/83/EC of April 29 th 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted. - Procedures Directive: European Council Directive 2005/85/EC of December 1 st 2005 concerning minimum standards for the granting and withdrawal of refugee status in Member States; - Reception directive: Council Directive 2003/9/EC of January 27 th 2003 laying down minimum standards for the reception of asylum seekers. French texts - October 4 th 1958 Constitution (including the preamble to the October 27 th 1946 constitution). - Code on the entry and stay of foreigners and right of asylum (Code de l'entrée et du Séjour des Etrangers et du Droit d'asile (CESEDA) Volume VII This booklet can be consulted on our Website It was written by Forum réfugies employees with support from the European Refugee Fund. It will be updated as required by changes in rules and regulations. This document may be reproduced in its original form, provided the source and support partners are acknowledged.

4 Contents 1 The different kinds of protection 1.1. Refugee status 1.2. Subsidiary protection 1.3. Stateless person status 2 Temporary authorisation to reside: Prefecture 2.1. Necessary documents 2.2. Authorisation to reside 2.3. Cases for which authorisation to reside is not granted 3 Asylum application: OFPRA and CRR 3.1. OFPRA (Office Français de Protection des Réfugiés et Apatrides) How to fill in the OFPRA file Necessary documents Sending the file Registration of the asylum application Récépissé OFPRA interview OFPRA decision 3.2. CNDA (Refugee Appeals Board) Appeal deadline Appeal Confirmation of receipt of your appeal Legal assistance CNDA hearing CNDA decision End of the asylum procedure 4 Social benefits 4.1. Accommodation Accommodation in night shelters Emergency accommodation Other types of accommodation 4.2. Allocation temporaire d attente (temporary income support) 4.3. CMI (free health care) 4.4. State health benefits 4.5. Children s social rights Child and family benefits Healthcare Education

5 5 The rights of protected persons 5.1. Protection in France 5.2. Residency in France 5.3. Integration in France 5.4. Travelling abroad 5.5. Residency and protection for close family members 5.6. Access to the labour market 5.7. Access to housing 5.8. Healthcare 5.9. Social and family benefits Naturalisation 6 Reconsideration by OFPRA 7 Useful addresses 7.1. Paris region 7.2. Lyon region 8 List of safe countries

6 1 The different kinds of protection There are three kinds of protection in France: refugee status, subsidiary protection and stateless person status Refugee status This status can be granted in one of three cases: Conventional asylum: in accordance with the Geneva Convention of July 28 th 1951 on refugee status. This convention applies to 'Any person ( ) a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. Constitutional asylum: in accordance with the preamble of the Constitution of 1946 which concerns ''any person persecuted because of his/her action in favour of freedom''. Constitutional asylum follows the same procedure rules and offers the same protection as conventional asylum, the only difference being the legal basis. The authorities responsible for examining the asylum application are OFPRA and the CNDA (Refugee Appeals Board). The conventional asylum procedure also applies to constitutional asylum. UNHCR's mandate: you have been recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR) on the basis of articles 6 and 7 of its statutes Subsidiary protection Subsidiary protection is granted to ''any person who does not fulfil the conditions for the granting of refugee status (...) and who establishes that he/she is exposed to one of the following serious threats in his/her country: a) death penalty; b) torture or inhuman or degrading sentences or treatments;

7 c) a serious, direct and individual threat to a civilian s life or person because of widespread violence resulting from a local or international armed conflict situation'' In France, refugee status and subsidiary protection are recognized by OFPRA (Office Français de Protection des Réfugiés et Apatrides), under the control of the CNDA (Refugee Appeals Board). Refugee status and subsidiary protection: the procedure is the same and your asylum application will be examined first with a view to granting refugee status and, if it is rejected, for subsidiary protection. After having examined your asylum application, OFPRA will inform you if your situation comes under the refugee status, subsidiary protection or neither kind of protection. If your application is rejected, you can appeal to the CNDA (Refugee Appeals Board). OFPRA and the CNDA (Refugee Appeals Board) can refuse to grant refugee status and subsidiary protection if they consider that you can be protected on part of your homeland's territory. In accordance with the Dublin Regulation, you cannot apply for asylum in more than one European Union country Stateless person status This status applies to persons whom ''no other state considers as its national in accordance with its legislation'' This status is different from the two other kinds of protection and only concerns persons who have no citizenship. This status does not take into account persecution risks in the person s country of origin. You do not need to apply to the Prefecture. You should write directly to OFPRA stating your name, address and your request to receive stateless person status. OFPRA will send you a stateless person status application form. You should complete the form and explain the circumstances that led to you not having a nationality. The form should be returned by registered delivery with acknowledgement of receipt (lettre recommandée avec avis de réception). You will then be called for an interview at OFPRA. If you are recognised as being a stateless person, OFPRA will issue you with a stateless person s residence permit. The Prefecture will issue you, your spouse (if you were married prior to

8 obtaining stateless person status or if you have been married for at least one year) and your juvenile children when they reach the age of 18 (or 16 if they wish to work) with a temporary vie privée et familiale (private family and life) residence permit. This residence permit is valid for one year and authorises you to work. It will only be renewed if you continue to meet the conditions under which it was originally issued. The Prefecture can refuse to issue a temporary residence permit if your presence on French territory constitutes a threat to public order. If OFPRA rejects your application, you can appeal to your local administrative court (Tribunal administratif) within two months of being notified of the decision. Temporary residency is not granted during the period when your application is being examined. You can be sent back to your country during the procedure. There is no fast-track procedure for processing applications for stateless person status. You can apply for stateless person status at the same time as you lodge your asylum application. 2 Temporary authorisation to reside: Prefecture You must request authorization to reside from the Prefecture of your domicile (''Préfecture de police'' if you reside in Paris) before you can apply for asylum. This step is compulsory for all persons over the age of 18; it is optional for children over the age of 16. You must go to the Prefecture promptly. If you entered France with a visa, you are advised to go to the Prefecture to request asylum before your visa expires. You can seek asylum even if you entered France illegally. In some regions, the Prefecture decides whether you will be granted temporary authorisation to reside: Aquitaine (Bordeaux), Auvergne (Clermont-Ferrand), Lower-Normandy (Caen), Burgundy (Dijon), Brittany (Rennes), Centre (Orleans), Champagne-Ardenne (Chalons-en- Champagne), Franche-Comté (Besançon), Upper-Normandy (Rouen), Languedoc-Roussillon (Montpellier), Limousin (Limoges), Lorraine

9 (Metz), Midi-Pyrénées (Toulouse and Montauban), Nord-Pas-de-Calais (Lille), Pays de la Loire (Nantes), Picardy (Beauvais), Poitou-Charentes (Poitiers), Provence-Alpes-Côte-D azur (Marseille and Nice) and Rhône- Alpes (Lyon and Grenoble) Necessary documents The Prefecture will provide you with a list of the supporting documents required for your application for temporary authorisation to reside. You must provide the following: 1 - Four passport photos 2 - Information about your civil status. You can apply for asylum even if you have no passport, visa or identity papers; in this case you will have to make a written statement of your civil status. 3 - Information about the conditions under which you entered France and the route that you took from your home country. 4 - Proof of domicile: the Prefecture needs an address to send you information concerning your asylum application and your stay in France. This address does not have to be your place of residence. If you have no regular accommodation, you can give the address of a private individual, a hotel or a lawyer. You may also give the address of an association, but only if it has been approved by the Prefecture. However, once your first 3-month récépissé expires, you will need proof of residence in order to request renewal. This proof of residence must be proof of the address at which you are accommodated. Failing this, your récépissé may not be renewed. If you have no fixed address, you can continue to use the address of an association subject to conditions. In any event, the address provided must be located in the département in which you have applied for asylum. You must inform the Prefecture if your address changes at any time during the asylum procedure. The Prefecture cannot ask you to explain the reasons for your asylum request, as this is the sole remit of OFPRA and the CNDA Authorisation to reside

10 The Prefecture will take your fingerprints to check whether or not you have been registered in another European country before coming to France. The Prefecture you go to may grant authorization to reside on behalf of another département. If the Prefecture grants authorisation to reside, you will be issued with: A one-month Autorisation Provisoire de Séjour (APS). This temporary residence permit must be issued within 15 days of presenting all the documents required by the Prefecture; An asylum application form which must be filled in and sent to OFPRA within 21 days. Your complete asylum application file must reach OFPRA within 21 days. If your file arrives after this deadline, your application will not be registered and it will be returned by OFPRA. This may mean you can no longer apply for asylum. The 21-day period starts on the date written on your APS. If OFPRA does not register your asylum application, you must apply once again to the Prefecture for asylum based residency, explaining why the application was not submitted within the deadline. You can also make an appeal for reconsideration to OFPRA. It is advisable to contact an association for assistance with these procedures Cases for which authorisation to reside is not granted In accordance with article L of CESEDA, the Prefecture can refuse to issue an APS in four cases:

11 You are covered by the Dublin Regulation. Another European country should examine your application for asylum if you travelled through another European country which signed the Dublin Regulation (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland since December 2008) or if you have a visa issued by one of these national authorities. The Prefecture will contact the authorities in question to request transfer of your case to this country. You will be issued with a document authorising you to stay in France until this country responds. If the country agrees to take you back, the Prefecture can decide to have you escorted by the police and to have you placed in an administrative detention centre until your departure. If the country refuses to take you back, you will be authorised to reside temporarily in France and to submit an asylum application which will be examined according to the standard procedure. You are a citizen of a country on the list of safe countries. You are a citizen of a country which OFPRA considers, generally speaking, to be free of the risk of persecution, or you are a citizen of a country considered to be safe by the OFPRA board. The countries on the list in June 2005 and in May 2006 are: Benin, Bosnia- Herzegovina, Cape Verde islands, Croatia, Georgia, Ghana, India, Macedonia, Madagascar, Mali, Mauritius, Mongolia, Senegal, Tanzania and Ukraine. You can still refer your case to OFPRA via the Prefecture, which will provide you with an asylum application form. Your file will then be processed by the fast-track procedure. You will have 15 days to submit your asylum application, which must be signed and complete in a sealed envelope, to the Prefecture. The Prefecture may not read your asylum application / supporting documents as they are confidential. As soon as the Prefecture receives your asylum application, it passes it on to OFPRA, stating that it is a fast-track application. Your asylum application will be prioritised. OFPRA will make a decision within 15 days. If OFPRA rejects your application, you may appeal to the CNDA. However, this appeal will have no suspensive effect on any decision taken by the Prefecture to send you back to your country.

12 Your presence in France constitutes a serious threat to law and order, public safety or the security of the State. The same procedure as in the previous case applies. Your application is considered to be fraudulent (for instance if you make several applications for asylum under different identities) or wrongful (for instance if you apply for asylum after being notified of expulsion or arrested even though you have been in France for a certain period of time). The same procedure as in the two previous cases applies.

13 3 Asylum application: OFPRA and the CNDA You have been issued with an asylum application form by the Prefecture OFPRA How to fill in the OFPRA file The file must be written in French. Your address must be legible. You must complete all the sections relating to your personal and family situation accurately. You must be careful when stating which language(s) you speak. You must only list the language(s) that you speak fluently as they may be used during your interview. Section 15 of the OFPRA form is provided for you to explain why you are asking for asylum. You must write a personal story, including exact dates and places, the facts that brought you to leave your country and why you cannot return there. It is strongly recommended to ask for an interview at OFPRA. Remember to date and sign your file otherwise it will not be registered by OFPRA (legal representatives must sign on behalf of minors) Necessary documents Your file must include: A copy of your valid residence permit (APS) 2 passport photos Originals of any identity papers or travel documents you have (passport, national identity card, pass, birth certificate, etc.)

14 Make sure to fill in section 5 of the OFPRA form about the documents that must be enclosed (or explain the absence of these documents). Supporting documents for your application for asylum, if any. You do not need to include a translation of these supporting documents. Before sending your file to OFPRA (or presenting it at the Prefecture if you have been granted priority procedure), make sure that it has been filled in according to the instructions and that all the required documents have been enclosed. If your file is incomplete, it will be returned by OFPRA. You application for asylum cannot be registered if your file is incomplete. By the time your complete file arrives, the deadline may have expired, in which case, your file will be returned once again. This may result in you not being able to apply for asylum again. If OFPRA does not register your asylum application, you must apply once again to the Prefecture for asylum based residency, explaining why the application was not submitted within the deadline. You can also make an appeal for reconsideration to OFPRA. It is preferable to be supported by an association in this process Sending the file If you have been granted temporary residency, OFPRA must receive your file within 21 days of you receiving your APS. If you send your file by post, it is recommended to sent it by registered post with acknowledgement of receipt (recommandé avec accusé de reception), writing your name legibly in the sender (expéditeur) section. If your address is that of an association or a private individual, remember to write their name along with the address. Keep proof of any documents you send or submit. You can also take your file to the OFPRA reception desk. Keep copies of the whole asylum application file (including the OFPRA form) as well as any documents sent to OFPRA. At any time during the procedure, unless OFPRA has already made a decision concerning your application, you can send additional elements for your file. Remember to state your reference number whenever you write to OFPRA; this number appears on the document called ''enregistrement d'un demande d'asile''.

15 Registration of the asylum application If your file is complete, OFPRA will send the document called enregistrement d'une demande d'asile to the address indicated in your file. This document officially certifies that your asylum application has been registered. Keep this document in a safe place as no copies will be issued Récépissé If you have an APS, you should normally receive a document attesting registration of your asylum application before your one-month APS expires. Take this document to the Prefecture with a new proof of address. The Prefecture will issue you with a document acknowledging that an asylum request has been made (récépissé constatant le dépôt d'une demande d'asile) within 3 days. This document is valid for 3 months and can be renewed throughout the application procedure. Proof of your residence address must be provided for the first renewal and onwards, otherwise your récépissé may not be renewed. If you have no fixed address, you can continue to use the address of an association subject to conditions. The récépissé does not authorise you to work OFPRA interview OFPRA is obliged to invite you to an interview, except in the four following cases: There are enough elements in your file to enable OFPRA to make a decision in your favour. You are a citizen of a country which OFPRA considers, in general, to be free of any risk of persecution. The elements supporting your application for asylum are ''obviously unfounded'', i.e. the reasons given in your asylum application do not visibly correspond to those cited in the rules regulating the granting of protection or the reasons for your application are insufficiently explained. You cannot attend an interview for medical reasons. In such situations, OFPRA can make a decision without hearing you present your case. If you are summoned before OFPRA, you will be heard by a protection officer at the OFPRA head office in Paris. OFPRA will provide an interpreter for the language that you claimed to speak in your asylum application file. Failure to attend the interview will incur negative consequences on your asylum application.

16 In case of a change of address, you must inform OFPRA by post, preferably by registered post with acknowledgement of receipt (recommandé avec accuse de reception), as soon as possible. OFPRA will inform you of its decision by post, using the last address indicated. Keep a copy of the letter notifying your change of address as well as any documents issued by the post office for documents sent or received OFPRA decision The time needed by OFPRA to make a decision varies. It can be very slow, or sometimes very quick. You must be careful and check your mail very frequently. There are three possible decisions: You are recognised as a refugee (refugee status granted). You are granted subsidiary protection (rejection of refugee status and the subsidiary protection granted). Your application for asylum is rejected (rejection of refugee status and subsidiary protection). If you are recognised as a refugee, OFPRA will send you a décision d'admission au statut de réfugié. Take this proof of refugee status to the Prefecture, which will issue a récépissé for a residence permit application within 8 days. This is valid for 3 months and allows you to work until you receive a 10-year residence permit (legally renewable). The same applies to your spouse (if the marriage was celebrated prior to obtaining refugee status, or if it was celebrated at least one year previously or if your spouse has also been granted refugee status) and your juvenile children when they reach the age of 18 (or 16 if they want to work). Upon request, the Prefecture can issue travel documents, enabling you to travel in all countries except your country of origin. OFPRA is then the administrative authority that issues the certificates of civil status that you can no longer obtain from your country of origin. If you go back to your country of origin or if you re-establish contact with the diplomatic or consular authorities of your country, you run the risk of losing your refugee status. The Prefecture can refuse to issue your temporary residence permit if your presence on French territory constitutes a threat to public order. See section 5 of the booklet about the rights of protected persons.

17 If you have been granted subsidiary protection, OFPRA will send you a letter certifying that you benefit from this protection. On production of this document, the Prefecture will issue a récépissé to apply for a 3- month residence permit, which allows you to work until you receive a temporary one-year vie privée et familiale residence permit. The same applies to your spouse (if the marriage was celebrated prior to the granting of subsidiary protection, or if it was celebrated at least one year previously or if your spouse has also been granted refugee status) and your juvenile children when they reach the age of 18 (or 16 if they want to work). This residence permit allows you to work and is renewable as long as the reasons for granting subsidiary protection still exist. If OFPRA deems that you can no longer apply to the authorities in your country of origin for a passport, you can apply to the Prefecture for travel documents enabling you to travel in all countries except your country of origin. In this case, OFPRA becomes the administrative authority that issues the certificates of civil status that you can no longer obtain from your country of origin. Otherwise, you must continue to contact your national authorities for such matters. The Prefecture can refuse to issue your temporary residence permit if your presence on French territory constitutes a threat to public order. See section 5 of the booklet about the rights of protected persons. If your asylum application is rejected by OFPRA (refugee status and/or subsidiary protection), you have one month to appeal against this decision to the CNDA. Along with its refusal notification, OFPRA will enclose a copy of the notes taken by the protection official during the interview. If you have not been granted temporary residency and were placed on the fast-track procedure, you may only stay in France until you are notified of OFPRA's decision. The Prefecture may decide to deport you using an OQTF (Obligation de quitter le territoire français order to leave French territory) or an APRF (Arrêté préfectoral de reconduite à la frontière Prefectoral deportation order) even if you appeal to the CNDA. If you do not appeal to the CNDA, you may be refused residency. The Prefecture will issue an OQTF (order to leave French territory) within one month.

18 3.2. CNDA (Refugee Appeals Board) OFPRA's decision to reject your application is sent to you by registered post with acknowledgement of receipt to the last address you indicated. It is accompanied by the interview notes Appeal deadline You have one month from receiving notification of OFPRA s rejection to lodge an appeal with the CNDA (for instance: if you pick up the application rejection decision from the post office on January 20 th, your appeal must be registered with the CNDA before February 21st). Therefore, you must send your appeal several days before the deadline. After this one-month deadline, your appeal will be considered as not receivable, i.e. it will be rejected without being examined. If you are not at home or if you are using an association's address, the post office will leave notification of the letter s arrival (avis de passage du facteur). The post office keeps the letter for 15 days. If you fail to collect your mail within 15 days, the post office will return it to OFPRA. In this case, the one-month deadline starts from the date shown on the post office notification Appeal Your appeal must be written in French on plain paper (there are no specific forms), including full name, civil status, occupation and address. You must enclose the original decision from OFPRA or a copy with your appeal. You must explain why you disagree with OFPRA's reasons for rejection. Explain why you left your country and why you cannot go back. If you were not summoned by OFPRA, you can mention this in your appeal. You must give sufficient explanation of the reasons for your appeal to prevent it from being deemed unfounded. In this case, the CNDA can reject your appeal via a ruling, i.e. without a hearing. You must enclose any documents which prove your identity, citizenship and support your claim. It is preferable to send copies of these documents with your appeal, keeping the originals for presentation on the day of your hearing at the CNDA. These documents must be translated into French. If they are not translated, the CNDA will not be able to use them. Supporting documents do not have to be translated by a sworn translator.

19 You must sign your appeal. If you are a minor, one of your parents or your legal representative must sign it. Your appeal must be sent by registered post with acknowledgement of receipt (recommandé avec accusé de reception). Keep the proofs of posting and receipt of your letter in a safe place. Keep photocopies of all your appeal documents. Inform the CNDA of any changes of address, stating your appeal number (see below). You can provide the CNDA with additional information up to three days before your hearing Confirmation of receipt of your appeal Upon reception of your appeal, the CNDA will send you a document called an accusé de réception du recours (confirmation of receipt of your appeal) to the address indicated. This document certifies that your appeal has been registered. This is the document that you have to show at the Prefecture in order to have your récépissé renewed for 3 months. If you contact the CNDA again, remember to state the registration number shown on your appeal receipt confirmation. At the same time, the CNDA will also send you a document asking you to list the languages that you speak so that they can be used in your hearing. If your récépissé expires before you receive confirmation of receipt of your appeal, it is advisable to keep the Post Office registered delivery slip with you as proof of your status Legal assistance You can be assisted by a lawyer during your hearing at the CNDA. You may choose your own lawyer and pay the fees or you may use a legal aid lawyer (aide juridictionnelle). You can request a lawyer who accepts legal aid cases with costs being totally or partly covered by the state. You should contact the CNDA s legal aid office (BAJ, Bureau de l aide juridictionnelle) in order to do this. You can choose a lawyer or the BAJ will appoint one. Since December 1 st 2008, you no longer have to provide evidence of having entered France legally (visa, safe-conduct issued in a waiting area, etc). However, you must meet the two other conditions: Your funds must not exceed a set threshold. Your appeal must not be obviously irreceivable or unfounded.

20 It is advisable to seek advice from an association for more information about timescales CNDA hearing If the Refugee Appeals Board deems your appeal to be receivable, you will be summoned to attend a hearing. The summons should be sent to you by post at least one month before the date of the hearing. The CNDA panel comprises three people: a president (magistrate), a qualified personality appointed by the UNHCR (United Nations High Commissioner for Refugees) and a qualified personality appointed by the vice-president of the Council of State. The CNDA panel will rule on your appeal having listened to both a rapporteur, who reads out a summary of your asylum application and puts forward a solution, and to the case presented by your lawyer (if you have one), and having asked you some questions. The CNDA will make sure that an interpreter is present to translate into the language you indicated on the OFPRA form or on the document sent by the CNDA at the same time as the confirmation of receipt of your appeal. Your presence at the hearing is strongly recommended. The hearing is public but you can request a private hearing, i.e. without the attendance of the public. As a reminder, the president of the CNDA may decide to reject your appeal without summoning you to a hearing if your appeal does not contain any reliable proof that could call into question OFPRA s decision CNDA decision The CNDA posts its decision (cancellation / refusal) in its premises and sends you its ruling by registered delivery with acknowledgement of receipt, generally within three weeks of the hearing. The following scenarios are possible: The CNDA cancels OFPRA's decision to reject your claim and grants you refugee status. You are entitled to the same rights as if you had been recognized as a refugee by OFPRA. See section 5 of the booklet about the rights of protected persons. The CNDA cancels OFPRA's decision and grants you subsidiary protection. You are entitled to the same rights as if this protection had been granted by OFPRA See section 5 of the booklet about the rights of protected persons.

21 The CNDA confirms OFPRA's decision to reject your application for asylum (refugee status and subsidiary protection) End of the asylum procedure You have two months to lodge an appeal against the CNDA s decision with the Council of State. However, it will not re-examine your whole file, just some of the legal aspects. It is a long and expensive procedure for which you will need a lawyer (you can ask for legal aid). It will not enable you to extend your temporary residence permit and will not prevent you from being sent back to your country. You should contact an association or a lawyer for advice. An appeal can also be made to the CNDA within two months to rectify a procedural error if and only if the decision contains a procedural error made by the CNDA and which may have affected the decision. Contact an association or a lawyer for advice. The rejection of your application for asylum by the CNDA puts an end to the validity of your 3-month ''récépissé''. The Prefecture sends you a letter informing you of the termination of your period of residence and requires you to leave France within one month (this is the OQTF). You can challenge this deportation order within the one month deadline. You may be eligible for assistance to return voluntarily to your country of origin, in which case you must contact the Office français de l immigration et de l intégration (OFII the French Office for Immigration and Integration, previously known as ANAEM). The assisted voluntary return programme includes financial and administrative support to help you prepare for your departure (tickets to your home country, obtaining the necessary travel documents, closing bank accounts etc.) Financial assistance is paid in three instalments ( 2,000 per adult, 3,500 per married couple, 1,000 per minor for the first three children and 500 for other children) and in the form of reintegration aid in your home country. If by the end of the one month deportation deadline you have not left French territory or applied for the voluntary return programme, you will be an illegal immigrant and the Prefecture can enforce the deportation order. You may also be placed in a detention centre as part of the deportation process. The OQTF can be challenged within one month before the administrative court. The administrative court has three months in which to rule unless you have been placed in a detention centre. In that case, the judge will rule within 72 hours.

22 The other type of deportation order, the APRF, can be challenged within 48 hours before the administrative court. The court rules within 72 hours.

23 4 Social benefits for asylum seekers Social benefits include access to accommodation, financial aid and access to health care. These benefits, financed by the State, vary according to the person's administrative situation. You must have a private address or use the address of an association as your fixed address if you want to claim ATA (Allocation temporaire d attente - temporary support allowance) or CMU (couverture maladie universelle universal health cover) or open a bank account. In the Lyon Region, Forum Réfugiés can act as your fixed address subject to conditions and after assessment of your situation Accommodation Accommodation in a reception centre France has a reception system with centres throughout the country. It is only accessible to persons who have applied for asylum and who have a residence permit in the light of their application. Depending on the progression of your asylum application, you may be accommodated in one of two types of reception centres: Transit centres: there are two such centres in France (Lyon and Créteil). These centres are for asylum seekers who have applied for protection. The length of stay is limited to a few weeks until transfer to a CADA centre or throughout the French territory. CADA (reception centres for asylum seekers): these centres are reserved for holders of a one-month APS or a three-month récépissé. Accommodation is proposed for the duration of your application procedure. If your asylum application is rejected by the CNDA, you must leave the centre within 1 month. When you first go to the Prefecture you will be offered accommodation. If you refuse this offer, you will not be eligible for the ATA (allocation temporaire d'attente). In general, your accommodation application is made by an asylum seeker reception platform or by OFII and admission is approved by the Prefect following consultation. A commission then rules on admissions into accommodation centres based on places available throughout France. You should be aware that the accommodation proposed may not be situated in the département in which you applied for asylum.

24 If you refuse the offer, you will not be offered any other accommodation and you will lose the right to claim ATA. If you are accommodated in a CADA, you can obtain administrative assistance (asylum application support), social assistance (health, children's education), and a monthly living allowance. If you are accommodated in a CADA, you cannot claim the ATA. This system is financed by the French State and generally managed by associations Emergency accommodation You can be accommodated in emergency reception centres. These centres can only receive you at night and do not usually serve meals. The period of accommodation varies according to the centre, but will always be short, not more than a few days. There is a Freefone number, 115, which you can dial any time from any phone box. If you give your name and location, you will be taken in for the night and accommodated in an emergency reception centre, subject to availability. This phone number is often engaged, so you may have to try several times before you can get through Other types of accommodation There may be other types of accommodation, depending on where you are, which are not described in this booklet ATA (allocation temporaire d'attente) As an asylum seeker, you are not allowed to work. However, you can ask for temporary access to the labour market if you are granted temporary residency and if your asylum application has been in the OFPRA process for over a year or if a CNDA appeal is in progress. In these cases, you can apply for authorisation to work via the Prefecture, but your request may be refused on the basis of the employment situation in the region or sector in question. This means that you cannot take a job that corresponds to the profile of an unemployed person registered at the job centre (pôle emploi) of your département of residence. Asylum seekers who are not accommodated in a transit centre or a CADA can receive financial aid, the ATA (allocation temporaire d'attente), provided they have not refused an offer of accommodation in a centre or if no such offer is available.

25 To receive the ATA (allocation temporaire d attente), you must apply to the job centre (pôle emploi). You must submit the following supporting documents: A copy of your APS (temporary residency authorisation) or of the three month récépissé; A copy of OFPRA s letter confirming registration of your asylum application; A document certifying that you have no means of support or that you are not accommodated by State social services; A proof of your actual address; Bank account details (RIB). Asylum seekers who are not granted residency and are placed on the fast-track procedure because they are nationals of a safe country can claim ATA throughout their OFPRA procedure. The same supporting documents as other asylum seekers must be presented to the job centre, along with a copy of the decision to place them on the fast-track procedure instead of the APS. The daily ATA allowance was in 2009 (i.e for a 30 day month). The allowance is paid to each adult throughout the asylum application procedure. However, if your application is refused by OFPRA (and not followed by an appeal) or by the CNDA, the allowance is stopped. You should also be aware that after six months of payments, you must inform the job centre of your income situation so that the allowance can be continued. Failure to do this will result in payments being stopped. NB: If you are granted refugee status by OFPRA or the CNDA, your residence permit entitles you to work and you will have the same rights, except civic rights, as French nationals. Similarly, the temporary residence permit obtained for subsidiary protection also entitles you to work.

26 4.3. CMU (couverture maladie universelle) universal health cover As an asylum seeker and depending on your means of income, you may be eligible for the CMU (Couverture Maladie Universelle) universal health cover. This cover is accessible from the beginning of your asylum application, upon presentation of the summons to the Prefecture, the APS or récépissé, together with a proof of residence. The CMU has two components, basic cover and additional cover which enable payment of all your medical and hospital expenses, for yourself, your spouse and your juvenile children. If you have no civil status documents indicating the composition of your family, you will have to present a sworn statement. The same applies if you have no documents proving the absence of any means of support. To benefit from the CMU, you must apply to the health care services (CPAM) of your place of residence or through certain associations. Once your application has been registered, you will receive a certificate of basic cover. You will then be issued with a one-year certificate, which entitles you to CMU additional cover (complémentaire) and a temporary registration number. Remember to request renewal of this additional cover two months before it expires. You will be given a permanent registration number and a health care card (carte vitale) if you are granted refugee status or subsidiary protection. You are entitled to basic CMU from the date of your application whereas your rights to additional CMU (complémentaire) take effect on the first day of the month following your application. For instance, if you apply on September 15 th, you will be entitled to basic CMU from September 15 th but additional CMU will only start on October 1 st. Before obtaining CMU, you can go to a hospital with a PASS healthcare centre (Permanences d'accès aux Soins de Santé). You can see a doctor and medication is free. Some associations also provide dental, eye and psychological treatment, even for those with no social cover. PMI mother and child centres (protection maternelle et infantile) can also provide health checks for young children. Family planning centres (centres de planification et éducation familiale) offer sessions for women. If you are suffering from a ''long term illness'' you can obtain support for all treatment associated with this illness.

27 4.4. AME health care (aide médicale de l état) If your asylum request is examined by the priority procedure, you are eligible for AME health care, provided you have been in France for 3 months. This enables you to obtain treatment from hospitals and city doctors and medication from pharmacies. Apply to the CPAM of your place of residence or to a PASS hospital Children's social rights Financial aid for children and families If you cannot be accommodated by social services and your income is insufficient, the local council of your département of residence or the social services of your town of residence may grant you occasional financial aid, whose frequency and amount vary from one département to another Health care Your young children can be examined and treated by the medical staff at the PMI mother and child centres (Protection Maternelle et Infantile), particularly for newborn baby check-ups and vaccinations Education From the age of 3, your child can attend nursery school, but the school is not required to accept him/her. School is compulsory in France for children aged 6 to 16. To enrol your children for primary school, you must present proof of their filiation (birth certificate issued by authorities of your country of origin). If you have no documents from your country of origin, you must present a document issued by the French administration, stating filiation (for instance, a CMU certificate). You must also provide proof of address and evidence that your child has had all compulsory vaccinations. The town hall of your place of residence organises school enrolments. Some primary schools have initiation classes intended for children who have just arrived and who speak no French. The child will be assessed by your local school before deciding upon which school he/she should attend. For secondary school and colleges (collège and lycée), you should enrol your child at the school corresponding to your place of residence. After assessing your child s level of education, the head of the school will decide upon the best class for him/her, either within this school or in another, particularly if your child is directed towards specialised classes.

28 5 The rights of protected persons If you are granted refugee status or subsidiary protection, you can claim various benefits and services Protection in France You are now under the protection of the French authorities. OFPRA is now the administrative authority that issues the civil status certificates that you can no longer obtain from the authorities of your country of origin. If you get back into contact with the diplomatic or consular authorities of your country, OFPRA may withdraw your protection. If subsidiary protection is granted, OFPRA reissues your civil status certificates, unless it considers that you can contact the consular authorities of your country of origin for such matters Residency in France As a refugee, you will be given a ten-year residence card, which is legally renewable. The card entitles you to move freely around France. As soon as you are granted refugee status by OFPRA or the CNDA, you should go to the Prefecture which will give you a first three-month renewable récépissé stating that you have been granted refugee status (reconnu réfugié). You must then submit the civil status documents issued by OFPRA and the Prefecture will give you another récépissé stating that you have requested a first residence permit (a demandé la délivrance d un premier titre de séjour). This three-month récépissé will be renewed until your residence card is issued. As a beneficiary of subsidiary protection, you are entitled to a temporary one-year vie privée et familiale residence permit, which can be renewed if you still meet the conditions. This permit entitles you to move freely around France. As soon as you receive the letter granting you this status, you should go to the Prefecture, which will give you a first three-month renewable récépissé stating that you have requested a residence permit (a

29 demandé la délivrance d un premier titre de séjour). This three-month récépissé will be renewed until your residence permit is issued. You must apply for renewal of your temporary residence permit before it expires. The Prefecture refers your case to OFPRA which may refuse to renew your protection if the reasons for it being granted no longer exist. The Prefecture can refuse to issue your temporary residency permit if your presence on French territory constitutes a threat to public order. The Prefecture may withdraw your residence permit under certain circumstances Integration in France Following an interview at OFII (the French Office for Immigration and Integration), you must sign the OFII s CAI reception and integration contract (contrat d accueil et d intégration) and signed by the Prefect who issued your residence permit. Under the terms of this contract, you agree to take the free training courses proposed (civic and linguistic training in particular) and to go for a compulsory medical check-up Travelling abroad If you are a refugee and wish to travel outside of France, you can request a two-year travel document from the Prefecture. As a beneficiary of subsidiary protection and if OFPRA deems that you can no longer apply to the authorities of your country of origin for a passport, you can request a one-year travel document from the Prefecture. These travel documents do not authorise you to return to your country of origin. You must not, under any circumstances, contact the diplomatic or consular authorities of your country of origin. However, if OFPRA decides that it is unnecessary to reissue the civil status certificates that you can no longer obtain from the authorities of your country of origin, you can keep your original passport and travel freely on it. Your temporary residence permit will enable you to re-enter French territory. Entry into a third country requires compliance with the legal obligations laid down by that country.