Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
The 2 November 1945 Ordinance on conditions of entry and residence of foreigners in France,
as amended by Acts of 1981, 1984, 1986, 1989, 1992, 1993, 1994, 1998, 2000, 2002 and by
Act No. 2003-1119 of 26 November 2003, relating to the rules on immigration, stay of foreigners
in France and nationality (Loi No.2003-1119 relative à la maîtrise de l’immigration,
au séjour des étrangers en France et à la nationalité);
The 27 March 1982 Decree on Condition of Entry into France;
The 25 July 1952 Act concerning the establishment of the OFPRA (Office français de protection
de réfugiés et apatrides – the first instance asylum determination body in France), as
modified by the 11 May 1998 Act (the Asylum Act). Following this Act, all provisions pertaining
to the right of asylum have been transferred from the Ordinance of 2 November 1945
to the Act of 25 July 1952, defining the status of the OFPRA, which was therefore renamed
the Asylum Act;
Schengen Agreement and Dublin Convention – incorporated into the French Constitution by
the Constitutional Act of 25 July 1993, whereby asylum applications submitted in France may
not be examined, if they fall within the scope of these agreements;
Decree of 19 March 2001 relating to centres of administrative detention;
Additional Protocol to the 25 November 1991 Protocol (Sangatte Protocol) signed between
France and the United Kingdom, which came into force on 5 June 2001 – and created additional
control offices managed by representatives of the two states.
The New Asylum and Immigration Law
The new laws on asylum and immigration, adopted on 19 and 26 November 2003 respectively,
will come into force on 1 January 2004 and introduce several important changes to combat
illegal entry and residence, the abuse of asylum procedures, while also respecting fundamental
freedoms and rights such as the right to family life, freedom of marriage and of movement.
The Asylum Law will be amended through provisions to accelerate the asylum determination
procedure, the introduction of “safe country” and “safe third country” concepts, and the new
protection status of “internal asylum”.
According to the new law on asylum, the Office français de protection des réfugiés et apatrides
(OFPRA – French Office for the Protection of Refugees and Stateless Persons) will need to
speed up its asylum determination procedure and deliver a decision within two months. The
average processing time in the past was 7.1 months per case; but it often took up to two years,
mostly due to the increasing numbers of those seeking asylum during the 1990s in France and
elsewhere in Europe. The OFPRA did not have the necessary capacity to cope with the increased
numbers of cases.
In the past, French legislation did not contemplate the notion of “safe country” nor of “safe third
country”. These have been introduced into the new Asylum Act, with a view to speeding up
removals to the countries concerned.
120