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

compared with 1997. Out of these 2,484 persons, 1,970 were admitted into the territory and given
access to the normal determination procedure. The admission rate was 79.3% in 1998 (72.3% in
1997, 52.9% in 1996).
The average time spent by applicants in waiting zones increased from 2.9 days in 1997 to seven
days in 1998, which can be explained by the strong increase in the number of applications in
1988. The extension of the processing time has led to a degradation of the conditions in waiting
zones, as their capacity is not sufficient to deal with an increased number of applicants.
No. of border applications* Admission Refusal
1996 526 279 (52.9%) 247 (47.1%)
1997 1,010 730 (72.3%) 280 (27.7 %)
1998 2,484 1,970 (79.3%) 514 (20.7%)
1999 approx. 4,000 not available not available
* excluding children
In 1998, 57 nationalities were represented among applicants held in waiting zones. Africans
amounted to 72% of the border applications registered at the border, the main countries of origin
being Rwanda (628), the Democratic Republic of Congo (29), Congo (63) and Burundi (30).
Applicants from these countries had, in general, a high admission rate, such as 97.5% for
Rwanda or 97% for Burundi.
In 1998, 332 unaccompanied minors have been registered at the border as asylum seekers, out
of whom about 220 have lodged an asylum application with OFPRA (the others have
disappeared). The main countries of origin of these minors were Rwanda, Sierra Leone, Sri
Lanka and Nigeria.
The Dublin Convention
When another EU state is deemed responsible for the examination of the asylum application on
the basis of the Dublin Convention, the applicant is issued with a “Dublin convocation”, which
amounts to no more than protection against refoulement. Asylum seekers with a “Dublin
convocation” are refused accommodation in reception centres and are not granted any financial
assistance.
If the state considered to be responsible, accepts to take charge, the asylum seeker is transferred
to this country. Applicants may travel on their own or under escort. If the request for readmission
is rejected, the applicant is transferred to the normal determination procedure and his/her
application processed by the French asylum authorities. From that moment, access to
accommodation and social support is granted.
From 1996 to 1998, the French authorities adopted a flexible approach to Articles 4 and 3.6 of the
Schengen Convention and later Articles 3.4 and 9 of the Dublin Convention, which provide for
derogation to the usual responsibility criteria for humanitarian reasons based in particular and on
family and cultural grounds. This practice, however, was not confirmed in 1999.
There is no specific appeal procedure against the decisions of transfer made under the Dublin
Convention. As any other administrative decisions, they may be appealed to the Administrative
Courts, but without suspensive effect.
Entry into the territory
If the Ministry of the Interior reaches a positive decision, the asylum seeker is admitted into the
territory and given a "safe conduct” pass. This is valid for eight days and allows him/her to apply
for asylum with the Prefecture, which issues a provisional residence permit, valid for one month.
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France