Reduction or withdrawal of reception conditions

France

Author

Forum Réfugiés - Cosi

The reform of the law on asylum describes the procedure to be followed by the management of reception centres and by the Prefect once a final decision on the asylum claim has been taken.1 OFII informs the management of the reception centre where the asylum seeker is accommodated that a final decision has been taken and that the provision of accommodation will be terminated upon a specific date, unless the beneficiary of international protection or the rejected asylum seeker formulates a demand to remain respectively 3 months or 1 month in order to have time to plan the exit of the CADA.

The allowance for asylum seekers (ADA) is paid until the end of the month following the final decision on the asylum claim.

Apart from the withdrawal of reception conditions by the end of the asylum procedure, specific conditions are defined allowing for the reduction or withdrawal of material reception conditions (both accommodation and financial allowance for asylum seekers).

According to Article L.744-8 Ceseda, as amended by the Law of 29 July 2015, material reception conditions can be:

  1. Suspended if, without legitimate reason, the asylum seeker has abandoned the reception centre where he or she is accommodated during more than a week;2 has not presented him or herself to relevant authorities when required to, has not answered to information claim or has not attended interviews related to his or her asylum claim;

  2. Withdrawn in case of false statements concerning the identity or personal situation of the asylum seekers accommodated, in particular his or her financial situation. Reception conditions can also be withdrawn in case of violent behaviour or serious disrespect of the community life’s rules;

  3. Refused when the asylum seeker introduces a subsequent claim or if, without legitimate reason, he or she has not introduced his or her asylum claim within 120 days after he or she has entered the French territory.

In cases of subsequent applications, some Prefectures systematically reduce reception conditions to the asylum seekers. In Lyon, Marseille, Paris and its surroundings, no subsequent claimants can benefit from reception conditions. In a few cases, subsequent claimants can benefit from these conditions after demonstrating their particular vulnerability and their specific needs in terms of accommodation. The decision of denial of reception conditions must written and motivated. Asylum seekers have 15 days to challenge this decision through an informal appeal.3 It is also possible after these 15 days to lodge an appeal before the administrative court.

The management of reception centres has to inform OFII and the Prefect of the Département in case of a prolonged and not motivated absence from the reception centre of an asylum seeker, as well as any violent behaviour or serious disrespect of the community life rules.4 OFII is competent to decide on the suspension, withdrawal or refusal of material reception conditions. All these decisions have to be communicated in written and duly motivated and take into account the asylum seeker’s vulnerability. They can only be definitive and applied after the asylum seeker concerned by a suspension, withdrawal or refusal of material reception condition has been able to formulate his or her observations and comment, in written. When material reception conditions have been suspended, the asylum seeker can ask OFII to re-establish them.

Specifically as regards ADA, the allowance can be suspended when the asylum seeker:5

  • Has refused OFII’s offer for accommodation;

  • Has not respected his or her obligation to present him or herself to the authorities, has not answered information claims or did not attend individual interviews relating to the asylum procedure, without legitimate ground;

  • Has abandoned his or her accommodation place or has not been present for more than 5 days, without legitimate ground:

  • Does not temporarily meet the conditions for being granted ADA:

  • Does not provide the necessary documentation to check his or her eligibility to ADA.

ADA can be withdrawn in the situation where the asylum seeker has:6

  • Concealed his or her resources, or a part of it;

  • Provided false information regarding his or her family situation;

  • Had a violent behaviour within the accommodation place.

When ADA is suspended, withdrawn or refused, OFII has to notify its decision to the asylum seeker who has 15 days to formulate his or her observation. OFII decision has to be motivated and to take into account the vulnerability of the asylum seeker.7 Many issues regarding ADA have been detailed in the section on Forms and Levels of Material Reception Conditions.

In French law, there is no official possibility to limit the reception conditions on the basis of a large number of arrivals.

  • 1. Article R.744-12 Ceseda.
  • 2. Article R.744-9(II) Ceseda.
  • 3. Article L.744-8 Ceseda.
  • 4. Article R.744-11 Ceseda.
  • 5. Article D.744-35 Ceseda.
  • 6. Article D.744-36 Ceseda.
  • 7. Article D.744-38 Ceseda.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti