French law does not provide detailed rules on the processing of statelessness
claims, but OFPRA publishes brief guidance relating to statelessness applications
on its website.650 If an application is approved, the stateless person will be granted
a temporary residence permit and permission to work, and after three years with
legal residence in France, will be eligible for a residence permit valid for 10 years.651
Negative decisions can be appealed on legal issues.652
Very few statelessness applications are submitted compared to the number of
asylum applications. The approval rate of statelessness applications is generally
approximately 30 percent.653
Persons granted residence permits based on statelessness benefit from:
[…] unrestricted access to the labour market, the possibility of family
reunification with preferential conditions, access to health care and social
benefits, as well as to all levels of education.654
However, negative aspects of France’s measures relating to statelessness include:
[…] claims for stateless status can only be submitted to the OFPRA office
in Paris, in a written form and in the French language. French law does
not recognise the concept of an ‘applicant for stateless status’; therefore,
those claiming this form of protection (unlike asylum-seekers) are not
provided with any temporary residence entitlement and accommodation
services while their case is being processed. The claim does not even have
a suspensive effect on expulsion measures, meaning that ad absurdum,
an applicant can be deported or put in immigration detention during the
procedure.655
With specific regards to Palestinians, the 2005 edition of this Handbook asserted
that some Palestinians had been recognized as stateless persons in France, and
granted ten-year residence permits after three years of residence in the country.656
More recently, in case 277373 from November 2006, the OFPRA concluded that
the exclusion clause in the 1954 Stateless Persons Convention – which, similar to
Article 1D, prevents persons receiving protection or assistance from agencies other
than UNHCR from enjoying the benefits of the 1954 Convention – does not apply
to Palestinians residing outside UNRWA’s area of operations, for such persons no
650
Ibid.; see also OFPRA, “Apatridie - Procédure,” accessed November 21, 2014, http://www.ofpra.
gouv.fr/index.html?xml_id=186&dtd_id=13.
651
OFPRA, “Apatridie - Procédure.”
652
Gyulai, “Statelessness in the EU Framework for International Protection,” 290.
653
Ibid.
654
Ibid.
655
Ibid., 291.
656
BADIL, Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States
Signatories to the 1951 Refugee Convention, 172.
Survey of Protection at the National Level
131
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