Asylum finally refused: know your options and their deadlines
What is this for
When the CNDA (National Asylum Court) rejects your appeal, or if you did not appeal against OFPRA's rejection, your asylum claim is finally refused. Your right to stay in France as an asylum seeker ends, and the prefecture may issue an OQTF (obligation to leave French territory). A few options remain, with very short deadlines. This guide presents them so you can discuss them quickly with a lawyer or an association.
Important points
- Warning: Deadlines are very short (a few days for an OQTF or a subsequent application). A late appeal or application is usually rejected. Do not stay alone: contact a lawyer, an association or a point-justice as soon as you get the decision.
- Note: This guide gives general information. Only a legal professional can tell you which option suits your situation.
Steps to follow
Step 1: Write down the dates and gather your papers
Keep the CNDA (or OFPRA) decision with the date you received it, and any letter from the prefecture. Each option has its own deadline. Do not throw away any envelope: it can prove the date.
Step 2: Challenge the CNDA decision before the Council of State
An appeal on points of law (pourvoi en cassation) is possible within 2 months. The Council of State does not re-examine the whole story: it only checks that the Court followed the procedure and applied the law correctly. The appeal must be filed by a specialised lawyer (avocat au Conseil d'État et à la Cour de cassation). Legal aid is requested from the Council of State's legal aid office. For a simple clerical error in the decision, a correction request is possible within one month of notification.
Step 3: New facts: a subsequent application (re-examination)
If new elements appear (new facts, new evidence), you can make a new application, called a « subsequent application ». It goes through the one-stop desk again. For applications under the EU Pact, you then have 8 days after registration to send it to OFPRA (5 days if you are in detention). A subsequent application does not always protect you from removal: get advice first.
Step 4: If you receive an OQTF, act the same day
After a final refusal, the prefecture may withdraw your asylum certificate and serve you with an OQTF. The deadline to challenge it before the administrative court is short and is stated on the decision. Go to a lawyer or an association immediately. See also the guide « OQTF or serious administrative refusal ».
Step 5: Is another residence permit possible?
During the asylum procedure, an application for a residence permit on other grounds normally had to be made within 2 months of asylum registration (3 months for health reasons). After that, only new circumstances can be relied on (for example a serious illness that appeared since). Have your situation reviewed by a lawyer or an association.
Step 6: Plan for the end of your support
The ADA (asylum seeker's allowance) stops after the final decision. Asylum accommodation can be extended by 1 month at most; a request for return assistance to OFII, made within 15 days, can give 1 more month. Your health insurance continues for 6 months after your certificate expires if you stay in France. If needed, call 115.
Step 7: Find free legal help
Call 30 39 (the free access-to-justice number) to find the nearest point-justice, or look it up in the Ministry of Justice directory. National associations such as La Cimade, France terre d'asile or GISTI advise foreign nationals. Bring all your decisions with you.
Documents to prepare
- The CNDA or OFPRA decision, with proof of the notification date
- Any letter from the prefecture (OQTF, withdrawal of your certificate)
- Evidence of new elements, if any
- Documents about your life in France (family, health, work, children's schooling)
Official links
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