Children’s Social Welfare
A foreign minor, regardless of their age, can apply for asylum if it is believed they are fearful of persecution or serious aggression in case they return to their country of origin.
What are the specificities of an asylum application for a minor ?
If the minor is alone in France, they must have a legal representative designated by a magistrate: guardian, parental authority delegate or ad hoc administrator.
This person attends and represents the minor in all the administrative and jurisdictional steps related to their asylum application. The legal decision naming the legal representative must be attached to the application sent to Ofpra.
The examination of the need for international protection for minors and, specifically, the personal interview conducted by Ofpra, is adapted to the specificities of these minors.
When the Office has not made a decision within six months following the submission of the asylum application, minors who are at least 16 years old are allowed to work.
Once protected, what are the rights and obligations of the minor ?
Ofpra issues minors benefitting from international protection (refugee, subsidiary protection or stateless person status) personal record documents that have the same value as authentic acts.
In addition, international protection entitles them to a residence permit and travel documents, issued by the prefecture and, under certain conditions, to family reunification as well.
The granting of refugee status or subsidiary protection prohibits the minor from returning to their country of origin or contacting the authorities from this country.
How long does international protection last for a minor ?
International protection does not necessarily end at adulthood or when the interested party reaches 21 years old: it is continued as long as their fears of returning to their country of origin are present, unless they renounce their status, become French or Ofpra puts an end to their protection (according to the hypotheses strictly framed by the Ceseda).