What remedy should Ofpra reject the asylum application?

Formalism of the appeal

Your appeal may be presented on free paper. He must respect the whole the following conditions:

• Be written in French
• Contain your surname(s), 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).

Transmission of the appeal

The request must be sent to the CNDA by post or fax. In the latter case, it will be necessary at the latest on the day of the hearing to produce one signed paper copy of your appeal or to sign, at the Registry of the Court, the documents transmitted by fax.

The request should be addressed to one of the territorial chambers of the CNDA (Nancy, Bordeaux, Toulouse and Lyon) or directly to the National Court in Montreuil, depending on your domicile and situation.

Suspensive appeal

You can stay in France until the decision of the National Court of Asylum even if your asylum application has been placed in accelerated procedure.

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

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 domicile which 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
  • The name of an authorized association with which you are domiciled.

Your certificate is renewed until notification of the decision of the National Court of Justice.

Non-suspensive appeal

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 :

• Decision toinadmissible or the closing of your application by Ofpra
• Final Extradition Order Against You
• Request for review inadmissible or rejection of your request for a post-interview review decided by Ofpra
• Decision to reject your application because you come from a safe country of origin (POS) or your presence in France constitutes a serious threat to public order
• A decision rejecting orInadmissibility of your asylum claim has been taken, you are subject to a expulsion order, a prohibition of French territory (ITF) or a administrative inadmissibility (IAT) and you are under house arrest or placed in detention.

Deadlines

The CNDA must rule on your appeal in a period of 5 months as of its referral.

This period shall be reduced to 5 weeks if your asylum application has been lodged in accelerated procedure or if your request 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 of the date of the hearing at least 15 days before if the proceedings are before a single judge, 30 days before that date if the procedure is in college formation.

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.

However, the National Court of Appeal may make an order (i.e. without a public hearing) if your appeal is clear inadmissible or contains no serious elements.

Formation of judgment

Hearings at the National Court of Justice can be held in:

• training in single judge (which is basic training),
• training 3-member collegiate in some cases, for example, where the case raises questions that justify this peer review.

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.

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

• Name of the applicant
• Number of appeal
• Desired date of consultation.

Decision

The CNDA may:

• Reject your appeal
• Or cancel You and Ofpra's decision grant refugee status
• Or cancel the decision of Ofpra and ask it to re-examine your request in the following 2 cases:
  
  • No individual examination of your application by Ofpra
  • No 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).

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