Applying for asylum at the border
Introduced in 1982, the purpose of the asylum procedure at the border is to allow or bar entrance to France, in virtue of asylum, of foreign nationals who present themselves at the border without the required documents in order to be admitted.
Indeed, if the conditions for entering France are not fulfilled, you may be held in a holding area.
Since the law from November 20, 2007, the administration has decided on a four-day holding period in a holding area. The judge for freedom and detention (JLD) is then contacted in order to authorize the extension of this holding period for another eight days. At the end of this timeframe, the administration may once again request the JLD for a “one-time” extension, which could reach up to another eight days. In principle, and without exception, you may not be held in the holding area for more than twenty days in total.
If you are held in a holding area, you can request to enter the country in virtue of asylum at any time.
The Ministry of the Interior will then decide to admit you to the country or not.
Under the framework of its specific mission at the border, Ofpra interviews people and sends their recommendation to the Ministry of the Interior regarding the admissible or manifestly unfounded character of the application.
The applicants are interviewed by Ofpra agents in the language of their choice, with the support of an interpreter over the phone.
In case of admission to the country, the Border Police will deliver a safe conduct, which gives the recipient 8 days to manifest their desire to apply for asylum with the prefectural services. This application, once submitted, will be examined by Ofpra according to the regular conditions and may also be the subject of a decision to grant international protection (refugee status or subsidiary protection) or a refusal after an in-depth examination of the application.
A decision of non-admission to the country is conveyed, in the absence of any other means of leaving the holding area, by rerouting the interested party back towards their country of departure, which may be their country of origin.
This decision of non-admission to the country in virtue of asylum may be the subject of an appeal before the administrative court.