retain a copy of the appeal to prove that the appeal was filed.638 Once the National Court
of Asylum has received the appeal, a receipt will be mailed to the applicant. Once an
applicant receives this receipt, he or she can bring it to the prefecture of residence.
This will serve to extend the applicant’s temporary permit for three months. 639
If the National Court of Asylum affirms the denial of refugee status, the applicant
can appeal to the State Council, where legal issues (rather than factual issues) will be
reviewed. Appealing to the Council does not extend the applicant’s residence permit
or prevent deportation. 640
Subsidiary protection will be granted to an individual who does not meet the
conditions of a refugee set out in article L711-1 of the Code, but faces the threat
of capital punishment, torture, inhuman or degrading treatment, or a direct and
personalized threat to his or her life due to widespread violence in his or her country
of prior residence.641 An individual who has (or who France reasonably suspects
has) committed any of the crimes set forth in Article 1F of the 1951 Convention will
not be granted subsidiary protection.642 Subsidiary protection is valid for one year,
and is renewable after that time.643 If the circumstances causing an individual to seek
subsidiary protection no longer exist, subsidiary protection will not be renewed.644
In the event that an asylum seeker’s application has been definitively rejected,
his or her temporary residence permit is invalidated, and the individual must leave
France.645 An individual may apply to the French Office for Immigration and
Integration to receive assistance to return to his or her country of prior residence.646
6. Protection under the Statelessness Conventions
France is Party to the 1954 Stateless Persons Convention, and has signed, but
not yet ratified, the 1961 Statelessness Convention.647 France is one of the few
European countries which has a procedure to establish permission to reside based on
statelessness.648 This procedure was established in 1953, and thus pre-dates the 1954
Convention. Applications are made to OFPRA.649
638
Ibid., 17, Item 3.2.
Ibid., 18, Item 3.2.
640
Ibid., 22, Item 4.
641
State of France, “Code de L’entrée et Du Séjour Des Étrangers et Du Droit D’asile (Version Consolidée
Au 15 Novembre 2014),” Article L712-1.
642
Ibid., Article L712-2.
643
Ibid., Article L712-3.
644
Ibid.
645
Ministère de l’Intérieur, Guide Du Demandeur d’Asile, 20, Item 3.3.
646
Ibid.
647
UNTC, “Status of Treaties: Convention Relating to the Status of Stateless Persons;” UNTC, “Status of
Treaties: Convention on the Reduction of Statelessness.”
648
UNHCR, “2014 UNHCR Regional Operations Profile - Northern, Western, Central and Southern
Europe - France,” accessed November 21, 2014, http://www.unhcr.org/pages/49e48e571e.html.
649
Gábor Gyulai, “Statelessness in the EU Framework for International Protection,” European Journal
of Migration and Law 14, no. 3 (January 1, 2012): 290, doi:10.1163/15718166-12342008.
639
130
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