What recourse is there in the event of a rejection of an asylum application by Ofpra?

Formalism of appeal

Your appeal may be submitted 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. set out the circumstances that may call into question the rejection of your application by Ofpra
• Be signed by yourself or your lawyer
• Indicate the language in which you wish to be heard at the hearing
• Be accompanied by the refusal decision of Ofpra and documents proving the merits of your request

If your appeal is completed within the time limit, you will receive a notice of registration from the CNDA by mail with acknowledgement of receipt to the address you provided in your appeal.

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

Transmission of the appeal

Your appeal must be sent to the CNDA by mail or fax. In the latter case, no later than the day of the hearing, you must produce 1 signed paper copy of your appeal or sign the documents transmitted by fax at the Court Registry.

Your appeal will be examined by one of the 7 territorial chambers of the CNDA: Bordeaux, Lyon (2 chambers), Marseille, Nancy, Nantes, Toulouse or directly by the CNDA in Montreuil, depending on your home and your situation.

Suspensive appeal

You can stay in France until the decision of the CNDA even if your asylum application has been placed in expedited 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 address which may be one of the following documents:
  
  • Certificate of accommodation in reception center for asylum seekers
  • Lease agreement drawn up 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 notification the decision of the CNDA.

Non-suspensive appeal

You no longer have the right to remain in France (the asylum application certificate may be refused, withdrawn or its renewal refused) in the following cases :

• Decision toinadmissible or the closing of your application by Ofpra
• Final decision on extradition against you
• Request for review inadmissible or rejection of your request for an interview review decided by Ofpra
• Decision to reject your application because you come from a safe country of origin (SOP) or your presence in France constitutes a serious threat to public order
• A decision to reject orinadmissibility of your asylum application has been taken, you are the subject of a deportation order, of 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 delay of 5 months from its referral.

This time limit shall be reduced to 5 weeks if your asylum application has been placed in expedited 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 Conseil d'État 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 NADC to explain yourself orally. You are informed of the date of the hearing at least 15 days before if the proceedings are single-judge proceedings, 30 days before that date if the procedure is in collegiate formation.

The hearing is public, with some exceptions, and may be conducted by video. You have the right to the assistance of a lawyer and an interpreter.

However, the NDA can rule by order (i.e. without a public hearing), if your appeal is manifestly inadmissible or has no serious elements.

Formation of judgment

Hearings at the NADC can be in:

• training in single judge (which is the principle training),
• training 3-member collegiate in some cases, for example, when the file raises questions that warrant this peer review.

Viewing the file

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

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

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

Decision

The NDA may:

• Reject your appeal
• Or cancel the decision of Ofpra and you grant refugee status
• Or cancel the decision of Ofpra and request it to review 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 the posting on the CNDA or the 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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