Appeal against the decision of inadmissibility of the asylum application in France

Table of Contents

You have submitted an asylum application in France and have received a decision of inadmissibility from the French Office for the Protection of Refugees and Stateless Persons (OFPRA)?

What is a decision of inadmissibility of an asylum application?

In certain cases, an asylum application in France may be deemed inadmissible by the OFPRA. A decision of inadmissibility may be issued, for example, in the following cases:

  • When a person who is already a beneficiary of effective international protection in an EU country or a refugee in a third country providing effective protection makes a new request for international protection in the destination country.
  • When an asylum seeker submits a request for review without new elements. What are the remedies against a decision of inadmissibility? A decision of inadmissibility may be challenged before the National Court of Asylum Law (CNDA) within one month from the notification of the contested decision.

What are the grounds for appeal against a decision of inadmissibility?

 An appeal against a transfer decision may be based on one or more of the following grounds:

  • Non-compliance with the legal procedures in force (right to information, fair hearing, etc.).
  • The country that has already granted international protection to the applicant cannot provide “effective” protection.
  • The existence of non-effective protection must be established.
  • Non-respect of fundamental rights in the country that has already granted international protection.
  • Error of fact or law. • Etc.
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