Code of Entry and Residence of Foreigners and of the Right to Asylum | CESEDA (Code de l'entrée et du séjour des étrangers et du droit d'asile)

Code of Entry and Residence of Foreigners and of the Right to Asylum | CESEDA (Code de l'entrée et du séjour des étrangers et du droit d'asile)

Information is being provided by non-governmental organisations in the reception centres (housing facilities) and in first reception centres for asylum seekers (SPADAs). Those centres are managed by private operators (often NGOs) contracted and funded by the Ministry of the Interior.

The CEDESA contains specific provisions with regard to rights of applicants in detention to receive information on legal aid, the right to access legal aid and access of the lawyer in the premises, with respect for confidentiality (Articles L. 744-4 to L. 744-6).

Free legal aid is not available during the first instance procedure. It is provided by non-governmental organisations or private lawyers at the cost of the applicant.

Legal representation is not per se available at first instance but according to article L. 531-15 of the CESEDA, international protection applicants have the possibility to be accompanied by a third person for the personal interview with OFPRA, either a lawyer (at the expense of the applicant) or a representative of an accredited NGO.

The CEDESA contains specific provisions with regard to rights of applicants in detention to receive information on legal aid, the right to access legal aid, and access of the lawyer in the premises, with respect for confidentiality (Articles L. 744-4 to L. 744-6).

Art. R. 351-1 of the CESEDA provides that foreigners who apply for international protection at the border are informed in a language they can reasonably be considered to understand, of the asylum procedure, their rights and obligations over the course of this procedure, the potential consequences of any failure to meet these obligations or any refusal to cooperate with the authorities, and the measures available to help them present their request

The CEDESA also contains specific provisions with regard to rights of applicants in the waiting zone to communicate, including with a counsel, and to ask for the assistance of an interpreter (Art. L. 343-1). Unaccompanied minors are represented by an ad-hoc administrator (Art. L. 343-2).

The waiting zone comprises a space permitting confidential discussion between the individual and their counsel (Art. L. 341-6 of the CESEDA). It can be accessed by said counsel at any time, except in cases of force majeure.

A third person (lawyer or representative of an accredited NGO) can be present during the personal interview according to Art. L. 352-2 of the CESEDA, and legal representatives shall be present for unaccompanied children.

Rights guaranteed during the judicial proceedings (right to legal aid, right to communicate with a counsel, right to an interpreter, etc.) are set in Art. L. 342-16 to L. 342-18 of the CESEDA.

The CEDESA provides specific conditions for access of representatives of the UNHCR, elected representatives, journalists and ad-hoc administrators to the waiting zone (Articles L. 343-4 to L. 343-8). The order of 12 June 2024 lays down the list of organisations authorised to propose representatives who can access the waiting zones:

• L'Association nationale d'assistance aux frontières pour les étrangers (ANAFE);
• Amnesty International France;
• La Cimade;
• La Croix-Rouge Française (Red Cross France);
• Forum Réfugiés;
• La Ligue des Droits de l'Homme;
• Groupe Accueil et Solidarité;
• Groupe d'information et de soutien des immigrés (GISTI);
• Mouvement contre le racisme et pour l'amitié entre les peuples (MRAP) (Movement against racism and for friendship between peoples);
• France terre d'asile;
   

This authorisation is valid for a period of three years from 9 June 2024.

State funded legal aid

Legal aid can be requested at the Legal Aid Office of the relevant administrative court, in case of low income.

Article 2 of the of Law n° 91-647 of 10 July 1991 on legal aid (Loi n° 91-647 du 10 juillet 1991 relative à l'aide juridique) (hereafter: Legal Aid Act) provides that legal aid is available for non-judicial procedures for persons who lack resources for defending their rights; they can benefit from legal aid, totally or partially, depending on their resources. In practice, a vast majority of international protection applicants in appeal have access to legal aid for the procedure before the administrative Court (Cour nationale du droit d’asile – CNDA), in line with Art. 3 of the Legal Aid Act. . The conditions to access legal aid are described in Article 7 of the Legal Aid Act.

However, Article 11-2 of the Law on Legal Aid does not include first instance procedure on international protection amongst the matters for which legal aid can be granted for non -judicial procedures (except procedures related to detention and expulsion/removal of foreigners - see Article 19-1 of the Law on Legal Aid).

Civil society organisations

During the administrative procedure on international protection, free legal support is provided by non-governmental organisations funded by the State: one of the missions entrusted to dedicated reception centres and to SPADAs is to provide free social, legal and administrative support.

Example of organisations providing free legal support:

• France Terre d’Asile

• CIMADE (also supporting applicants with registration of an application at single desks (GUDA - guichets uniques des demandeurs d’asile), in the Dublin procedure or in detention;

- Forum Réfugiés – hotline for legal support

• GISTI – legal counselling by phone (permanence juridique) or by post;

An applicant can choose to be assisted by a lawyer at his/her own expenses, s/he will have to pay the fees.

Hyperlink to Second instance determination

Free legal counselling during the first instance procedure is mainly provided by non-governmental organisations, or private lawyers at the cost of the applicant.

International protection applicants can benefit from legal support from non-governmental organisations contracted and funded by the Ministry of the Interior. This support is provided either by the dedicated housing facility where the applicant is accommodated or by the SPADA to which he/she was referred. This support is addressed by the provisions of articles L. 551-13 and R. 551-10 of the CESEDA.

Before the National Court of Asylum (Cour nationale du droit d’asile – CNDA), the international protection applicant is entitled to assistance for his attorney fees, unless the appeal is inadmissible. The request for legal aid must be submitted to the CNDA’s headquarters in Montreuil within fifteen days from the notification of the decision from the determining authority (OFPRA). Once the request is submitted, the time limit for appealing the OFPRA’s decision (which lasts one month) is suspended and resumes, for the remaining duration, as of the date of issuance of the decision by the legal aid office of the CNDA (provided that the request is accepted).

For appeals, the notification of the decision of the French Office for the Protection of Refugees and Stateless Persons (OFPRA) indicates the time limit for requesting the benefit of legal aid. Legal aid is organised by the legal aid office of the National Court of Asylum (CNDA).

Legal aid must be requested within fifteen days of notification of the OFPRA's decision. The CNDA's legal aid office examines the legal aid request also within fifteen days.

For this appeal, legal aid is granted as a right. The decision is notified by registered letter and specifies the name of the lawyer who will be assigned. If the applicant has chosen a lawyer who has agreed to assist them under legal aid, it is this lawyer who will be appointed to provide their support. If the applicant has not chosen a lawyer, the CNDA will appoint one from a list established by the bar association of the place of residence, or otherwise, from that established for the jurisdiction of the chamber that will hear the appeal. These provisions apply to all proceedings before the CNDA.

After the decision on legal aid for appeals, the lawyer has a new deadline to prepare and submit the appeal, because the law provides that the procedure to request legal aid interrupts the appeal deadline. If the applicant is unable to contact the lawyer, or if the lawyer refuses to submit the appeal, the applicant can appeal to the CNDA even after the expiry of the deadline, explaining the incident. Another lawyer is then appointed by the legal aid office of the CNDA.

For onward appeals before the Council of State, the applicant must be assisted by a lawyer and s/he can apply at the legal aid office of the Council of State.

Free legal support at the first instance procedure is mainly provided by non-governmental organisations, or private lawyers at the cost of the applicant.

International protection applicants can benefit from legal support from non-governmental organisations, contracted and funded by the Ministry of the Interior. This support is provided either by the dedicated housing facility where the applicant is accommodated or by the SPADA to which he/she was referred.

This assistance by organisations can be provided through projects which are funded by OFII (the reception agency), by the Ministry of the Interior and/or by EU funding under the Asylum, Migration and Integration Fund (AMIF) (see the website of the Ministry of the Interior on AMIF for the period 2021- 2027).

Legal representation is not per se available at first instance but according to article L. 531-15 of the CESEDA, international protection applicants have the possibility to be accompanied by a third person for the first-instance interview with OFPRA, either a lawyer (at the expense of the applicant) or a representative of an accredited NGO.

State funded legal aid

For appeal procedures, legal aid can be requested at the Legal Aid Office of the relevant administrative court. The conditions to be granted legal aid are mainly financial and depend on the applicant’s resources.

Civil society organisations

During the administrative procedure on international protection, free legal support is provided by non-governmental organisations.

Example of organisations providing free legal support:

• France Terre d’Asile
• CIMADE (also supporting applicants with registration of an application at GUDA (guichets uniques des demandeurs d’asile), in the Dublin procedure or in detention;
• Forum réfugiés: legal counselling by phone
• GISTI – legal counselling by phone (permanence juridique) or by post;

During the administrative procedure, an applicant can choose to be assisted by a lawyer at his/her own expense, s/he will have to pay the fees.

During the administrative procedure, there is no free legal aid system as such and applicants can contact a lawyer at their own expense.

However, during the administrative procedure, free legal support is provided to applicants by NGOs in charge of the SPADAs and the reception centres. This support includes:

• information on the global procedure, and the rights and obligations of the applicant;
• assistance in filling in the lodging form that needs to be sent to the determining authority (OFPRA) and to complete the file with all the requested documents/information;
• information on the specific procedure followed by the application and the rights and obligations during the proceedings;

Some other NGOs have hotline for legal support and can be present with the applicant during the personal interview.

Indeed, although legal representation is not available per se at first instance, according to Art. L. 531-15 of the CESEDA, international protection applicants have the possibility to be accompanied by a third person for the personal interview with the determining authority (OFPRA), either a lawyer (at the expense of the applicant) or a representative of an accredited NGO).

Organisations coming under the definition set by the law are human rights’ organisations, organisations assisting foreigners or international protection applicants, organisations assisting women and children or organisations assisting LGBT+ individuals.

They are accredited by the Director-General of OFPRA, who issues accreditation to their representatives. The list of accredited associations is published on OFPRA’s website.

The law provides that the third party may intervene only at the end of the interview to make oral observations and must not communicate with the interpreter. The third party may not speak privately with the applicant during the interview, unless the case officer deems it necessary.

When the interview is being conducted through videoconference, the third party shall, in principle, be seated in the same room as the applicant.

Legal representation is not available per se at first instance, but according to Art. L. 531-15 of the CESEDA, international protection applicants have the possibility to be accompanied by a third person for the personal interview with the determining authority (OFPRA), either a lawyer (at the expense of the applicant) or a representative of an accredited NGO).

At first instance, the legal adviser has not access to the applicants’ files.

In case of rejection of the application at first instance, the applicant is notified and duly informed, together with the decision, of the procedure to lodge an appeal before the National Court of Asylum (CNDA). The legal adviser is not directly informed of the outcome of the first instance procedure.

Upon the lodging of an appeal, the case file is forwarded to the CNDA, which provides the lawyer with access to the file.

Legal representation is not available per se at first instance, but according to Art. L. 531-15 of the CESEDA, international protection applicants have the possibility to be accompanied by a third person for the personal interview with the determining authority (OFPRA), either a lawyer (at the expense of the applicant) or a representative of an accredited NGO).

Information currently not available.

Unaccompanied minors: Minors cannot initiate legal or administrative proceedings without having a legal representative. The legal capacity for lodging an application on behalf of the UAM is with the legal representative: the designated guardian or the ad-hoc administrator. Therefore, the Public Prosecutor (“Procureur de la République”) designates the responsible department with the help of a territorial redistribution key. In order to cover for the period when no legal guardian is appointed yet, the Public Prosecutor appoints without any delay an ad-hoc administrator to represent the minor only in the asylum procedure.

The decision of the determining authority (OFPRA) mentions the time limit for requesting the benefit of legal aid. Legal aid is organised by the legal aid office of the National Court of Asylum (CNDA).

Legal aid must be requested within fifteen days of notification of the OFPRA's decision. The CNDA's legal aid office examines the legal aid request also within fifteen days.

The applicant can use the application form available online (formulaire de demande d’aide juridictionnelle) or request legal aid at the CNDA’s office. The application form must be submitted accompanied by relevant documents, including the appealed decision of the determining authority (OFPRA).

Legal aid is granted as a right. The decision is notified by registered letter and specifies the name of the lawyer who will be assigned. If the applicant has chosen a lawyer, who has agreed to assist them under the provision of legal aid, they are appointed. Otherwise, the legal aid office of the court appoints one from a list of lawyers drawn up by the bar of the region where the CNDA hearing will be held (Ile-de-France, overseas departments, or other regions in the case of a videoconference hearing or newly created territorial chambers).

After the notification of the decision on legal aid, the lawyer has a new deadline to prepare and submit the appeal, because the law provides that the procedure to request legal aid interrupts the appeal deadline. If the applicant is unable to contact the lawyer, or if the lawyer refuses to submit the appeal, the applicant may appeal to the CNDA even after the expiry of the deadline, explaining the incident. Another lawyer is then appointed by the legal aid office of the CNDA.

For onward appeals before the Council of State, the applicant must be assisted by a lawyer and they can apply at the legal aid office of the Council of State.

Relevant provision: Article 9-4 of the law of 10 July 1991: "Before the National Court of Asylum, the benefit of legal aid is a right, unless the appeal is manifestly inadmissible. Legal aid must be requested within fifteen days from the notification of the decision of OFPRA. When a request for legal aid is sent to the legal aid office of the Court, the deadline set in the second paragraph of Article L. 532-1 of the CESEDA is suspended and a new deadline runs, for the remaining duration, from the notification of the decision regarding admission to the benefit of legal aid. These deadlines are notified with the OFPRA's decision. The legal aid office of the Court strives to notify its decision within a period of fifteen days following the registration of the request." These provisions, resulting from law no. 2018-778 of 10 September 2018, apply to requests for legal aid submitted after 1 January 2019 (CE, October 14, 2019, Mr. ABDU, no. 429363, C).

The lawyer consults the file provided by the Court and meets with their client. Before the CNDA, the lawyer is present during the hearing, alongside their client, and presents observations to the Court, to clarify the contentious submissions. The lawyer must be physically present alongside their client, even when the hearing is held via video.

The lawyer presents their observations after the hearing of the international protection applicant. The lawyer has the right to consult the report of the interview conducted by OFPRA.

Legal aid is provided by lawyers appointed by the legal aid office of the National Court of Asylum (CNDA).

If the applicant already has a chosen lawyer who accepted to assist the applicant for this request for legal aid, then that lawyer can be assigned. If not, the CNDA will designate one from the list established by the bar association.

If at the date of the OFPRA’s decision, the applicant resides in one of the area of the CNDA territorial chambers, then the lawyer designated will be one from the bar association of that territorial area, except when the case is dealt with by one of the specialised chambers situated in Montreuil. For those overseas (Guadeloupe, Martinique, Guyane, La Réunion, Mayotte, Nouvelle-Calédonie), it will be a lawyer from that respective department (see here).

For the appeal before the CNDA, the lawyer has the necessary time to prepare their case and communicate with their client, as a few months (average trial time being five months) pass between the filing of the appeal and the hearing. The lawyer has access to the entire case file. The Court conducts an adversarial procedure that allows the applicant and their lawyer to access information that may support the Courtàs decision.

Cassation appeal

In asylum matters, legal aid may be provided only to minor applicants or third-country nationals who are subject to a return decision, whose resources do not exceed a certain ceiling, set at EUR 18,404 in January 2023 for a single person (see here).

If these conditions are not met, legal aid may be granted exceptionally if the case is particularly worthy of interest considering the subject of the dispute or the foreseeable costs of the trial or to a not-for-profit legal entity with head office in France (e.g. association, union).

While the applicant may consult an NGO for legal advice, NGOs cannot represent an international protection applicant before the Council of State.

First appeal before the CNDA

It is not mandatory to be assisted by a lawyer before the CNDA. The applicant may submit an application for legal aid to appeal the OFPRA’s decision, within 15 days of the notification of that decision.

The applicant can use the application form available online (formulaire de demande d’aide juridictionnelle) or request it at the CNDA office. The application form must be submitted accompanied by relevant documents, including the contested decision of the OFPRA.

According to Article 9-4 Law No 91-647 of 10 July 1991 on Legal Aid, legal aid is automatically granted unless the appeal is manifestly inadmissible. The applicant can request a specific lawyer or the court will appoint one.

Cassation appeal before the Council of State

Representation by a lawyer is mandatory before the Council of State (Article R432-1 Code of administrative justice).

For the cassation appeal, the application for legal aid may be lodged at any time, and if filed within the time limit to appeal the CNDA’s decision, it interrupts the running of the time limit to appeal. The decision on legal aid may provide full legal aid, reject the request or provide for a provisional admission in emergency cases followed by a decision which may be different. A refusal of legal aid may be appealed within 15 days from the decision of the Legal Aid Office of the Council of State (see here).

Before the CNDA, the applicant is entitled to assistance for his attorney fees, unless the appeal is inadmissible. The request for legal aid must be submitted at the Court’s headquarters in Montreuil within fifteen days from the notification of the decision from the determining authority (OFPRA). When requesting legal aid, within 15 days of the notification of the first instance decision, the appellant can request a specific lawyer or the court will appoint one (Article 9-4 Law No 91-647 of 10 July 1991 on Legal Aid).

Legal aid is provided by lawyers appointed by the legal aid office of the National Court of Asylum (CNDA). If the applicant already has a chosen lawyer who accepted to assist them under the provision of legal aid, then that lawyer can be assigned. If not, the CNDA will designate one from the list established by the bar association.

If at the date of OFPRA’s decision, the applicant resides in one of the area of the territorial chambers, then the lawyer designated will be one from the bar association of that territorial area, except when the case is dealt with by one of the specialised chambers situated in Montreuil. For those overseas (Guadeloupe, Martinique, Guyana, La Réunion, Mayotte or Nouvelle-Calédonie), it will be a lawyer from that respective department.

Once the request is submitted, the time limit for appealing the OFPRA’s decision (which lasts one month) is suspended and resumes, for the remaining duration, from the date of issuance of the decision by the legal aid office of the CNDA, provided that the request is accepted.

Before the CNDA, the lawyer is present during the hearing, alongside their client, and presents observations to the Court, to clarify the contentious submissions. The lawyer must be physically present alongside their client, even when the hearing is held via video.

The lawyer presents their observations after the hearing of the international protection applicant. The lawyer has the right to consult the report of the interview conducted by OFPRA.

Unaccompanied minors: Minors cannot initiate legal or administrative proceedings without having a legal representative. The legal capacity for lodging an application on behalf of the UAM is with the legal representative: the designated guardian or the ad-hoc administrator. Therefore, the Public Prosecutor (“Procureur de la République”) designates the responsible department with the help of a territorial redistribution key. In order to cover for the period when no legal guardian is appointed yet, the Public Prosecutor appoints without any delay an ad-hoc administrator to represent the minor only in the asylum procedure.

Before the CNDA, the identification of victims of human trafficking can only result from a cautious assessment, based on a combination of indicators such as the demeanour and attitude of the applicant at the hearing or their responses to questions asked by the judgment panel. In application of Article L. 532-11 of the CESEDA, the president of the judgment panel may decide to hold the hearing in private if they suspect a situation of human trafficking.

Applicants under Dublin procedures receive legal and procedural information in the same way as any applicant.

For appeals, the Legal Aid Act (Law n° 91-647 of 10 July 1991 (Loi n° 91-647 du 10 juillet 1991 relative à l'aide juridique) provides under paragraph 3 of Article 3 that legal aid can be provided in appeals concerning third-country nationals, without the requirement of a legal residence in France, including for decisions related to the Dublin procedure, including administrative detention (Article L. 572-4 of the CESEDA). Hence, there are no specificities related to the Dublin procedure when it comes to legal aid.

The Code of Entry and Residence of Foreigners and of the Right to Asylum (CEDESA) contains specific provisions with regard to rights of applicants in detention to receive information on legal aid, the right to access legal aid, the access of the lawyer to the premises, and the respect for confidentiality.

Applicants are entitled to have a lawyer as soon as they arrive at the detention centre. They are notified of this right. They can ask for legal aid to pay for the lawyer.

Legal aid is a right to benefit from legal assistance and representation free of charge for legal proceedings and subject to the condition of insufficient financial resources. Upon meeting the conditions of resources, it is available to applicants lodging an appeal against a decision from OFPRA and to third-country nationals challenging their return decision.

In addition, accredited NGOs are present in administrative detention centres in order to provide legal information and assistance.

The staff of the NGOs contracted and funded by the State to deliver information on the procedure and to provide legal support are duly authorised under national law to provide legal advice and/or are responsible for giving legal opinions.

The qualification of the persons entrusted under national law with providing this service is ensured, notably through the terms of the collective agreements specific to the various operators responsible for implementing the contract. These agreements specify the required diploma level (equivalent to a Bachelor’s degree) for the ‘support officers’ whose mission is to provide social, legal, and administrative support to applicants.

It is also the employer’s responsibility to verify the staff’s qualification and to comply with the public contract specifications.

Moreover, there are drop-in centres where individuals can consult a lawyer free of charge: justice points, town halls, CCAS (local social action centres), and lawyers’ associations.

Lawyer is a regulated profession in France. To become a lawyer, one must have a Master’s degree and undergo specific training.

NGOs contracted and funded by the State to provide legal support must comply with the public contract specifications.

Information is currently not available.

The social, legal, and administrative support for international protection applicants entails the various actions implemented by the SPADAs or accommodation structures, which notably include a mission to inform and support applicants with the different steps of their asylum procedure, through the following measures:

Providing information and support to the applicants in their asylum procedure through the implementation of:

Group information sessions on the Dublin procedure, voluntary return assistance, and legal aid for appeals before the CNDA (National Court of Asylum), among others.

Individual appointments aiming at helping with understanding and completing the OFPRA lodging form (administrative and narrative assistance), conducted in a language the applicant is reasonably expected to understand and speaks fluently. These also provide information on how the OFPRA interview is conducted, its confidentiality principle, and the timeline of the procedure. In this regard, structures must call upon an interpreter when necessary.

Narrative assistance is provided individually, while the administrative section may be completed in the presence of all household members.

The social, legal, and administrative support for international protection applicants entails the various actions implemented by the SPADAs or accommodation structures, which notably include a mission to inform and support applicants with the different steps of their asylum procedure, through the following measures:

Providing information and support to the applicants in their asylum procedure through the implementation of:

Group information sessions on the Dublin procedure, voluntary return assistance, and legal aid for appeals before the CNDA (National Court of Asylum), among others.

Individual appointments aiming at helping with understanding and completing the OFPRA lodging form (administrative and narrative assistance), conducted in a language the applicant is reasonably expected to understand and speaks fluently. These also provide information on how the OFPRA interview is conducted, its confidentiality principle, and the timeline of the procedure. In this regard, structures must call upon an interpreter when necessary.

Narrative assistance is provided individually, while the administrative section may be completed in the presence of all household members.

No information available.

Several information materials have been developed regarding temporary protection:

Information platforms

• Ministry of the Interior platform for Ukrainians "Pour l'Ukraine"
• Information on temporary protection on a dedicated page of the website of the Ministry of the Interior, including FAQs on Ukrainian refugees.
• The French Office for the Protection of Refugees and Stateless Persons OFPRA´s website with information on temporary protection for displaced persons from Ukraine (in FR and UA)
• Dedicated  page by the French Government providing an overview of all available resources regarding Ukraine.

Leaflets/publications

• Ministry of the Interior,  Livret d'accueil en France pour les déplacés d'Ukraine/Welcome leaflet Handbook for displaced persons from Ukraine in two languages: French and Ukrainian.
• Ministry of the Interior, You wish to apply for temporary protection in France, with a leaflet in four languages: (English/French/Ukrainian/Russian)

Hotlines/contact lines

Information regarding contacts and emergency numbers are available on the platform "Pour l'Ukraine"

Other (e.g. videos, campaigns, etc.)

Non-governmental organisations:

• France Terre d’Asile, Practical information
• Forum Réfugiés-Cosi, Ukraine – practical information
• La Cimade, Practical information for persons arriving from Ukraine

The main NGOs providing support to international protection applicant may also provide legal support to temporary protection applicant.

Where applicable, legal aid for proceedings applied under the common provisions (mainly depending on the resources of the applicant).

Beneficiaries of international protection do not have specific access to legal assistance beyond what is available to nationals.