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FRANCE
These provisions are not applicable in cases where the passenger had provided valid documents
at the point of embarkation.
The provisions under this law, however, are also applicable to vehicles transiting countries that
are not party to the 1990 Schengen Agreement. Transport agencies carrying passengers not in
possession of valid travel documents are fined a max of EUR 5,000 per passenger.
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
The overall responsibility for forced return lies with the Ministry of Interior, whereas removal
enforcement falls under the competence of the DLPAJ/DCPAF Directorate of Civil Liberties
and Legal Affairs/Central Border Police Directorate. The Police have powers to detect and
apprehend failed asylum seekers, with a view to their removal, as appropriate.
Asylum applications are in the first instance examined by the French Office for the Protection of
Refugees and Stateless Persons (OFPRA). If the application is rejected (over 80 per cent of the
cases examined), the asylum seeker may lodge an appeal with the Commission de Recours pour
les Réfugiés (CRR – Refugee Appeal Commission). If new elements are produced after a negative
decision by the CRR, the file may be reopened on request of the applicant and judged anew
by the Conseil d’Etat, the highest administrative court in France. While the state does not provide
free legal assistance, this is sometimes available through several non-governmental organizations.
Appeals automatically suspend removal (Article 32 bis of the 1945 Ordonnance). However,
where a file is “re-opened”, the appeal will not have a suspensive effect and must be claimed
separately.
A final negative decision on a residence permit or asylum application is accompanied by a
request to leave the country voluntarily within one month (Invitation à Quitter le Territoire).
When this time limit expires, an expulsion/deportation order will be issued and can be implemented
immediately.
Expulsion/deportation orders can be appealed through the Administrative Court, with suspensive
effect, within 48 hours if the decision is notified during custody by the police, and seven days if
the decision is notified by mail. A decision must be taken within 48 hours in both cases. In
practice, due to the high number of cases pending, Administrative Courts take several months to
rule on such cases.
Rejected asylum seekers who cannot be returned, may in some cases be granted territorial asylum,
3 otherwise they are left without any kind of documentation or residence permit.
Social benefits are not removed before the expulsion order has been implemented.