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FRANCE
The new legislation also foresees the introduction of a so-called “internal asylum” system. Internal
asylum will apply to those persons who are in need of protection and whom the French
authorities deem may be best protected within the borders of their country of origin by a regional
or an international body.
The new Law No. 2003-1119 of 26 November 2003, relating to the rules on immigration, stay of
foreigners in France and nationality, introduces inter alia a new subsidiary protection form and
further provisions to improve existing detention and expulsion regulations.
Subsidiary protection gives migrants in need of protection residence in France for a year. This
new status will be granted to migrants, who may be threatened in their country of origin but are
not covered under the Geneva Convention. The residence permit will be renewable but vested
with lesser rights than when granted under political asylum.
The maximum detention period for non-nationals pending deportation will be increased from
20 days to 32 days.
Under the new law, applicants for tourist visas (not required for nationals of the US, the European
Union/EEA, and Japan) must be fingerprinted, and the prints stored in a database located in
Paris. According to the Ministry of Interior, this will discourage the widespread abuse of the
three-month tourist visas providing easy entry but not involving exit monitoring. With steppedup
deportation efforts focusing on overstayers and the undocumented, the French government
expects an increase in deportation numbers.
Expulsion – Administrative Expulsion Order
a) Rejection at the Border
Legislative grounds for rejection at the border are laid down in Article 5 of the 2 November 1945
Ordinance on the conditions of entry and residence of foreigners in France. Competence for
rejecting non-nationals at the border lies with the national police and customs officers. Asylum
seeker cases are referred to the Interior Ministry.
Foreigners may be refused entry according to Article 5, when they:
Lack valid travel documentation;
Avail of no or insufficient means to maintain themselves during the time of their stay;
Pose a threat to public order and security or have been subject to an enforced expulsion or
interdicted entry order (interdiction du territoire français).
According to Article 35 of the 2 November 1945 Ordinance on conditions of entry and stay of
foreigners in France, asylum seekers can apply for asylum at the border. While their application
is assessed through an accelerated procedure to determine whether manifestly unfounded or
otherwise, their entry is withheld, and they are held in so-called waiting zones at the port of
entry. In those cases where the application is not refused, asylum seekers are granted a provisional
residence permit.