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Draft:Asylum in France

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Seeking asylum in France is a legal right that is admitted by the constitution of France[1]. Meanwhile, the status of recognised asylum seekers are protected by corresponding laws and Convention Relating to the Status of Refugees, which France had signed in 25th July, 1951. France is considered as one of the main asylum host countries in Europe. In 2017 there have been 337,143 refugees registered in and up to the end of 2018, 20,710 new asylum seekers have been given legal status to reside in France. Asylum policies in France is regarded as a concerned topic among the public and politicians, and some controversies also exist in the current system of French asylum policies, such as issues on the assimilation policy, national security problems and living conditions of asylum seekers.

Laws and Procedures

The status of asylum seekers

The legal status of seeking asylum in France is guaranteed under the Asylum and Immigration Law.

Two types of asylum protections are classified by the French asylum law: Refugee status and Subsidiary status. The Refugee status formally would be given to persons satsifying conditions which defined by Convention Relating to the Status of Refugees of UNHCR. Meanwhile, the subsidiary status could be possibly given to any other type of asylum seekers who do not meet the criteria of a refugee status recognition. Generally, one can be given a subsidiary status as long as he/she proves risks of a threat or serious harm to their personal safety once they return to their origin country[1].

Besides, any of the following situations mentioned by the asylum law could lead to the denial of applications:

(a) An overt threat could be seen and proven if the applicator wishes to enter French territory;

(b) A previous sentence or punishment for terriorism had been imposed on the applicator, which would be regarded as a serious harm to the French society[2].

Applications

All asylum seekers must have entered the French territory before they could start the formal application, otherwise it could not be accpeted[2]. To reach the condition, applicators can either reqeust for a special visa for asylum application from a French embassy/console or get a temporary visa up to 8 days at the crossing point of the French border. Next, asylum seekers will need to register themselves as "asylum seekers" in a "GUDA", which refers to a single-desk contact point and get a formal certificate which allows them to lodge the application form[3]. Some of the documents are needed as shown below:

1) Information required to prove the civil status;

2) Documents that gave the legal entrance of French territory, including a legal entry visa;

3) The record of traveling route from the origin country to France.

4) If exists, the current dwelling address of the applicator in France[2].

Then applicators would be able to formally apply for the asylum status. In addition, applicators would also need to write an explanation in French that clarifies the intention for seeking asylum in France.

Proceeding

Currently, the OFPRA (French Office for the Protection of Refugees and Stateless Persons) takes charge of all asylum affairs and application proceedings for France. After receiving applications, OFPRA would start an investigation on each applicator from evaluating provided documents to assessments of personal situations, including the situation of origin country, past harm on body, deliberate threat or prosecution that applicators may suffered[3].

After all information verified and evaluated, the OFPRA would make a decision and notify the applicator whether he/she is granted the asylum status or not. Besides, in a period of one month applicators could also appeal negative decisions to the CNDA (National Court of Asylum)[3]. The judge may take about five months.

Statistics

Changes in the number of asylum protections in France since 1973 (OFPRA):

The number of people seeking asylum in France experienced a significant raise after 1970s. From 1970 to 1995, applications annually for asylun in France increased from nearly 5000 during 1970 to 1974 to 112,200[4]from 1995 to 1999.

In 2010, France received about 48100 asylum applications which makes it one of the top 5 countries receiving the most asylum seekers[5].

During 2015-2017 due to the Europe Refugee Crisis, there was an upward trend of asylum applications numbers in France. Applications for asylum in 2015, 2016 and 2017 reached to 71,000[6], 85,244[7], 100,412[8] respectively.

According to OFPRA's statistics, In 2018 nearly 122,743 persons have been registered as asylum seekers.

Before 1930s, French presented a relatively open attitude to refugees for its need of labour and the recovery of World War I[9], but the trend changed as the Great Depression occured in 1930s and then France was to believed to implement more restrictive policies on immigration and asylum.

In 1933 Prime Minister Édouard Daladier established an "Intermisterial Commission" focusing on refugee problems. Under the environment at the moment, refugees in France were connected with national security and issues on employment[10], also, some voices concerned if refugees could not be assimilated and may cause an integration problem[10]. After Daladier left the government in late 1933, a more liberal policy was implemented in the next few years under the Blum government. In 1936, the interministerial commission reviewed the policy and announced that no restrictions were needed for refugees coming to France. Nevertheless, in 1938 the policy trend changed again as Daladier won the prime minister position again.

From 1940 to 1945, due to the influences from Nazi Germany and the defeat of France, a more racist policy on immigration and asylum was pursued by Vici government. Many refugees, especially for political asylum, lost the special right to continue residing in France, and some of whom were sent back to their origin countries[9], i.e. Germany or Italy. After World War II, a more consistent policy on immigration and asylum became a goal and was pursued by the new De Gaulle government.

During the Europe Refugee Crisis, France responded within the EU regulation and received 6% of the first-time arivers of asylum seekers.

In April 2018, new amendments of the Asylum and Immigration Law (N. 2018-778) were passed by the National Assembly. And some of the core changes are presented below:

1) All asylum seekers arriving France from land borders will not be able to apply for a "jour franc", which is a full 24-hour protection for removal once they are rejected to enter French territory.

2) Lodging time for asylum applications will be reduced to 90 days, compared to 120 days before the new amendment[11].

3) Applicators would have a new 7-day period to appeal to OFPRA for a transfer decision, which means being received by any member state within the EU area, rather than the prior 15-day period[11]. However, negative decisions including the recognition of inadmissbility may not warrant the asylum seeker the suspensive effect which keeps them residing in France.

4) A mechanism for the distribution of asylum seekers would be established, which regulates the proportion of asylum seekers being lived in each region. Once an asylum seeker has been sent to a region, it is illegal to leave the region withou getting authorisation from OFII (French Office of Immigration and Integration). The region distributed to an asylum seeker may also change if the assigned region has no extra capacity to receive more applicators[11].

5) The entrance to the labour market had been released, asylum seekers who wish to get access to a job would face a 6-month time limit for now, compared to the 9-month limit before the reform[11].

Some issues regarding to the asylum policy and the current system in France are being claimed to have affected France negatively, and some of the frequently mentioned aspects have been presented below.

National security

After 2015 the Europe Refugee Crisis, refugees in France are being partially connected with the increasing number of terrorist attacks. Some voices claimed that the influx of islamist radicals and the failure of integration policy had contributed to the deteriorating safety environment of France[12].

Living conditions of asylum seekers

The living conditons of asylum seekers within France raised controversies as well. A frequently mentioned case relates to Migrants near Calais, where refugees built shelters and formed communities themselves for decades. Living qualities in these temporary camps are described as "dire" by some observers and are criticised as sanitary conditions, medical services and living qualities are reported to be inadequate[13].

References

  1. ^ "PREAMBLE TO THE CONSTITUTION OF 27 OCTOBER 1946" (PDF). {{cite web}}: Cite has empty unknown parameter: |dead-url= (help); line feed character in |title= at position 9 (help)
  2. ^ "Registration of the asylum application - France | Asylum Information Database". www.asylumineurope.org. Retrieved 2019-05-24.
  3. ^ a b Boring, Nicolas (2016-03). "Refugee Law and Policy: France". www.loc.gov. Retrieved 2019-05-18. {{cite web}}: Check date values in: |date= (help)
  4. ^ Van Mol, Christof; de Valk, Helga (2016), Garcés-Mascareñas, Blanca; Penninx, Rinus (eds.), "Migration and Immigrants in Europe: A Historical and Demographic Perspective", Integration Processes and Policies in Europe: Contexts, Levels and Actors, IMISCOE Research Series, Springer International Publishing, pp. 31–55, doi:10.1007/978-3-319-21674-4_3, ISBN 9783319216744, retrieved 2019-05-19
  5. ^ Kalt, Anne; Hossain, Mazeda; Kiss, Ligia; Zimmerman, Cathy (2013-3). "Asylum Seekers, Violence and Health: A Systematic Review of Research in High-Income Host Countries". American Journal of Public Health. 103 (3): e30 – e42. doi:10.2105/AJPH.2012.301136. ISSN 0090-0036. PMC PMCPMC3673512. PMID 23327250. {{cite journal}}: Check |pmc= value (help); Check date values in: |date= (help)
  6. ^ NW, 1615 L. St; Washington, Suite 800; Inquiries, DC 20036 USA202-419-4300 | Main202-419-4349 | Fax202-419-4372 | Media (2016-08-02). "Record 1.3 Million Sought Asylum in Europe in 2015 | Pew Research Center". Retrieved 2019-05-19.{{cite web}}: CS1 maint: numeric names: authors list (link)
  7. ^ "Country Report-France" (PDF). Asylum Information Database. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  8. ^ "Country Report-France" (PDF). Asylum Information Database. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  9. ^ a b Weil, Patrick (1991). "Immigration and The Rise of Racism in France: The Contradictions in Mitterrand's Policies". French Politics and Society. 9 (3/4): 82–100. ISSN 0882-1267.
  10. ^ a b Maga, Timothy P. (1982). "Closing the Door: The French Government and Refugee Policy, 1933-1939". French Historical Studies. 12 (3): 424–442. doi:10.2307/286530. ISSN 0016-1071.
  11. ^ a b c d "France: Asylum and immigration reform codifies stricter conditions | Asylum Information Database". www.asylumineurope.org. Retrieved 2019-05-24.
  12. ^ "France has had more than its share of terrorist attacks. These 3 factors explain why". The Washington Post. Retrieved 5/1/2019. {{cite news}}: Check date values in: |access-date= (help)
  13. ^ Chrisafis, Angelique (2019-04-12). "UN urges France to act on 'dire' living conditions of refugees". The Guardian. ISSN 0261-3077. Retrieved 2019-05-24.
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