legal and social conditions for asylum seekers and refugees in ...

1999, the number of applications submitted increased by 116% and territorial asylum was granted
in 9% of the cases.
Lebanese and Southeast Asians
By way of an exception due to historical ties with France, citizens from Lebanon, Vietnam,
Cambodia and Laos who manage to find work and are able to present an offer of employment to
the authorities, may also obtain residence permits without applying for asylum.
Temporary protection measures for “displaced persons from Kosovo”
By telegram of the Ministry of Interior dated 14 May 1999, temporary protection measures were
taken for Kosovo Albanians. These measures have varied according to the ways the Kosovo
Albanians had entered the country:
– “displaced persons” from Kosovo who came to France under the UNHCR Humanitarian
Evacuation programme were given a three-month residence permit, renewable for one year,
with the right to work. This concerned 6,217 persons who arrived in France between 18 April
and 13 July 1999;
– those Kosovo Albanians who arrived spontaneously during the same period were given a
residence permit valid for three months, and renewable for six months, with the right to work;
– Kosovo Albanians who were already staying in France with a temporary residence permit
before the UNHCR Evacuation programme started and had not applied for asylum, were given
an additional six-month temporary residence permit once the initial period expired. Those who
had already applied for asylum were also granted temporary residence for six months after the
expiration of the initial permit. All of them were given the right to work.
Kosovo Albanians under temporary protection were allowed to apply for asylum and 882
applications were lodged between May and September 1999. Unlike other asylum seekers, those
who have applied for asylum were still allowed to work. The processing of applications was
suspended for only a few weeks.
Rejection at the border
Procedure
Admission procedures at entry points are governed by the Decree of 27 May 1982 on the
conditions of entry into France and the Ordinance of 2 November 1945 on the conditions of entry
and residence of foreigners. The latter text was amended by the Act of 26 February 1992, which
introduced the liability of carriers transporting undocumented passengers, the Act of 6 July 1992
on "waiting zones”, and the Act of 27 December 1994, which extended the concept of waiting
zone to railway stations open to international traffic.
According to this, asylum seekers may be detained in waiting zones in ports, airports and railway
stations for the time "necessary to determine whether the application is manifestly unfounded or
not”, but within a maximum period of 20 days.
In the waiting zones, asylum seekers are primarily kept in hotels or at the police offices/premises.
The border police authorities can hold them there for up to 48 hours, renewable once. After these
four days, a Civil Court (“Tribunal de Grande Instance”) must decide whether the asylum seeker
should be kept for an additional eight days. This may be renewed by the judge for another period
of eight days. Decisions of the Civil Court may be appealed to the Appeal Court (“Cour d’Appel”),
but without suspensive effect.
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France