Cases 04020557 and 04020558, of 23 April 2013630
In this case, the National Court of Asylum re-examined Mr. Assfour’s case (No.
493412, mentioned above), along with his wife’s case (No. 493411).
In line with and referring to the CJEU’s decision in El Kott, the Court decided
that, regarding the “cessation of protection or assistance” provided by a UN agency
other than UNHCR, the terms “for any reason” in Article 12(1)(a) of the Qualification
Directive (which mirrors Article 1D), includes a situation in which “a person who,
after having actually used this protection or that assistance, ceases to receive [such
protection or assistance] for any reasons beyond his or her control and independent
of his or her volition.” In that case, the second sentence of Article 12(1)(a), which
mirrors the second paragraph of Article 1D, applies, entitling that person, ipso facto,
to the benefits of the Directive. The Court also clarified that the sentence in Article
12(1)(a) of the Directive, “these persons shall ipso facto be entitled to the benefits
of this Directive” means that the new State of asylum must grant refugee status to
those persons.631
Finally, noting that Mr. Assfour had been “assaulted on numerous occasions
without being able to count on any protection, either from UNRWA or from the
Jordanian authorities [emphasis added],”632 the Court granted refugee status to Mr.
Assfour and his wife.633
5. Refugee Status Determination Process: Outcome
If an asylum seeker is granted refugee status, he or she will be given
accommodation, financial assistance, and access to healthcare and education.634
Refugees are eligible for unique rights in France. While most aliens are restricted
from applying for “Active Solidarity Income,” supplemental income assistance to
bring a family up to the minimum standard of living, refugees may apply for this
assistance upon receipt of refugee status.635 Additionally, a refugee retains his or her
refugee status for an indefinite period, during which the refugee has a permit for ten
years, which is renewed automatically. Finally, refugees may apply for citizenship
without fulfilling the regular five-year rule required of aliens. 636
If an applicant is denied refugee status, he or she must appeal within one month by
means of a letter, written in French, containing new information.637 An appellant should
630
Cour nationale du droit d’asile, “Décision No. 04020557 et 04020558,” May 24, 2013, http://www.
refworld.org/pdfid/521ccfd64.pdf.
631
Ibid., 3–4.
632
Ibid., 4.
633
Ibid., 5, Article 2.
634
OFPRA, “Protection - Droits et Obligations,” accessed November 21, 2014, http://www.ofpra.gouv.
fr/?xml_id=65&dtd_id=12.
635
Ibid.
636
Ibid.
637
Ministère de l’Intérieur, Guide Du Demandeur d’Asile, 16, Item 3.1.
Survey of Protection at the National Level
129
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