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Act No. 2015-925 Of July 29, 2015 On Reform Of Asylum Law

Original Language Title: LOI n° 2015-925 du 29 juillet 2015 relative à la réforme du droit d'asile

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Information on this text

Texts transposed

Directive 2013/32/EU of the European Parliament and the Council of 26 June 2013 on common procedures for the granting and withdrawal of international protection

Application texts

Summary

Amendment of the Code of Entry and Residence of Aliens and the Right of Asylum, Administrative Justice Code, Social Action Code and Families, Construction and Housing Code, Labour Code. Amendment of Act No. 91-647 of 10 July 1991 on legal aid: amendment of sections 3, 14, 16. Amendment of Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands: amendment of Articles 6-7, 20, 37, 46, 48; creation after section 13-1 of section 13-2, sections 17, 45. Amendment of Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia: amendment of Articles 7-1, 22, 39, 48, 50, 52; creation after article 14-1 of article 14-2, articles 18, 47. Amendment of Order No. 2002-388 of 20 March 2002 on the conditions of entry and residence of foreigners in New Caledonia: amendment of Article 6-7; creation after Article 14-1 of Article 14-2, of Articles 18, 47; amendments to articles 22, 39, 48, 50, 52.
Full transposition of Directive 2013/32/EU of the European Parliament and Council of 26 June 2013 on common procedures for the granting and withdrawal of international protection.

Keywords

OVERVIEW, OVERVIEW, WARNING , ATA , CODE OF THE WORK , CODE OF SOCIAL ACTION AND FAMILY , CASF , CODE OF CONSTRUCTION AND HABITATION , CCH , CODE OF THE ENTREE AND OF THE SEJOURS AND OF THE LAW OF ASILE , CESEDA ,

Legislative records




JORF n°0174 of 30 July 2015 page 12977
text No. 1



LOI no. 2015-925 of 29 July 2015 on the reform of asylum law (1)

NOR: INTX1412525L ELI: http://www.legifrance.gouv.fr/eli/loi/2015/7/29/INTX1412525L/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/loi/2015/7/29/2015-925/jo/texte


The National Assembly and the Senate deliberated,
The National Assembly adopted,
The President of the Republic enacts the following legislation:

  • Chapter I: Provisions relating to conditions for granting asylum Article 1 Learn more about this article...


    The title I of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum is thus written: "The conditions for granting asylum".

    Article 2 Learn more about this article...


    In the c of Article L. 111-10 of the same code, the words: "or the benefit of subsidiary protection" are replaced by the words: ", the benefit of subsidiary protection or the status of statelessness".

    Article 3 Learn more about this article...


    Chapter I of Book VII title I of the same code is amended as follows:
    1° Article L. 711-2 is as follows:


    "Art. L. 711-2.-The acts of persecution and the grounds for persecution, within the meaning of section A of Article 1 of the Geneva Convention, of 28 July 1951, relating to the status of refugees, are appreciated under the conditions provided for in paragraphs 1 and 2 of Article 9 and paragraph 1 of Article 10 of the Directive 2011/95/EU of the European Parliament and of the Council, of 13 December 2011, concerning the standards relating to the conditions to which persons are to
    "With respect to the grounds for persecution, the gender and sexual orientation aspects are duly taken into consideration for the purpose of recognizing membership in a certain social group or identifying a characteristic of such a group.
    "For refugee status to be recognized, there must be a link between one of the grounds for persecution and acts of persecution or lack of protection against such acts.
    "When the competent authority assesses whether an applicant is rightly concerned about persecution, it is indifferent that the applicant actually possesses the characteristics related to the cause of persecution or that these characteristics are attributed only to him by the perpetrator of the persecution. » ;


    2° Articles L. 711-3 to L. 711-6 are added to this article:


    "Art. L. 711-3.-Refugee status is not granted to a person who falls within one of the exclusion clauses set out in Sections D, E or F of Article 1 of the Geneva Convention of 28 July 1951, referred to above.
    "The same section F also applies to persons who are the instigators or accomplices of the crimes or actions referred to in that section or who are personally involved in it.


    "Art. L. 711-4.-The French Agency for the Protection of Refugees and Stateless Persons may terminate, on its own initiative or at the request of the administrative authority, the refugee status when the person concerned falls within one of the cessation clauses set out in section C of article 1 of the Geneva Convention of 28 July 1951, referred to above. For the purposes of Section C 5 and 6, the change in circumstances that warranted recognition of refugee status must be sufficiently significant and sustainable so that the fears of being persecuted may no longer be considered to be justified.
    "The Office may also terminate at any time, on its own initiative or at the request of the administrative authority, refugee status when:
    « 1° The refugee should have been excluded from refugee status pursuant to Sections D, E or F of Article 1 of the Geneva Convention of 28 July 1951, referred to above;
    « 2° The refugee recognition decision resulted from fraud;
    « 3° The refugee must, in the light of the circumstances that occurred after recognition of that quality, be excluded under sections D, E or F of Article 1 of the Geneva Convention of 28 July 1951, referred to above.


    "Art. L. 711-5.-In the cases provided for in 1° and 2° of Article L. 711-4, where recognition of refugee status results from a decision of the National Court of Asylum Law or the State Council, the jurisdiction may be seized by the Office or by the Minister responsible for asylum with a view to ending refugee status. The modalities of this procedure are set by decree in the Council of State.


    "Art. L. 711-6.- Refugee status may be denied or may be terminated when:
    « 1° There are serious reasons to consider that the presence in France of the person concerned constitutes a serious threat to the security of the State;
    « 2° The person concerned was sentenced as a last resort in France either for a crime or for an offence constituting an act of terrorism or punished by ten years of imprisonment, and its presence constitutes a serious threat to society. »

    Article 4 Learn more about this article...


    Chapter II of the same title I is amended as follows:
    1° Article L. 712-1 is amended as follows:
    (a) The first two paragraphs are thus drafted:
    "The benefit of subsidiary protection is granted to any person who does not meet the conditions to be recognized as a refugee and for whom there are substantial and proven grounds to believe that he would be in a real risk to one of the following serious violations:
    “(a) The death penalty or execution; »
    (b) In c, the word "direct" is deleted and the word "general" is replaced by the words: "who may extend to persons without regard to their personal situation and";
    2° Section L. 712-2 is amended as follows:
    (a) At the end of the b, the words: "common law" are deleted;
    (b) Two subparagraphs are added:
    "The latter shall apply to persons who are the instigators, the perpetrators or accomplices of the crimes or the acts mentioned in those same a to c or who are personally involved in them.
    "Subsidiary protection may be denied to a person if there are serious reasons to think, on the one hand, that he or she committed, before entering France, one or more crimes that do not fall within the scope of the a to d and that would be liable to a prison sentence if they had been committed in France and, on the other hand, that she left her country of origin only for the purpose of the sanctions resulting from these crimes. » ;
    3° Article L. 712-3 is as follows:


    "Art. L. 712-3. - The French Agency for the Protection of Refugees and Stateless Persons may terminate, on its own initiative or at the request of the administrative authority, for the benefit of subsidiary protection where the circumstances justifying the granting of such protection have ceased to exist or have experienced a sufficiently significant and lasting change so that it is no longer required.
    "By derogation from the first paragraph, subsidiary protection is maintained where the beneficiary justifies compelling reasons for serious prior breaches to refuse to claim protection from his country.
    "The Office may also terminate at any time, on its own initiative or at the request of the administrative authority, for subsidiary protection when:
    « 1° The beneficiary should have been excluded from this protection for one of the reasons provided for in Article L. 712-2;
    « 2° The decision to grant this protection resulted from fraud;
    « 3° Its beneficiary shall, on the basis of facts committed after the grant of protection, be excluded for any of the reasons provided for in section L. 712-2. » ;


    4° An article L. 712-4 is added as follows:


    "Art. L. 712-4. - In the cases provided for in 1° and 2° of Article L. 712-3, where the granting of subsidiary protection results from a decision of the National Court of the Right of Asylum or the Council of State, the jurisdiction may be seized by the Office or by the Minister responsible for the Asylum with a view to ending the subsidiary protection. The modalities of this procedure are set by decree in the Council of State. »

    Article 5 Learn more about this article...


    Chapter III of the same title I is amended as follows:
    1° Article L. 713-1 is supplemented by a sentence as follows:
    "They can also be done by the National Court of Asylum Law under the conditions set out in chapter III of title III of this book. » ;
    2° Section L. 713-2 is amended as follows:
    (a) The beginning of the first paragraph reads as follows: "The persecution or threats of persecution taken into account in the recognition of refugee status and the serious violations or threats of serious breaches that may... (the rest without change). » ;
    (b) At the end of the second paragraph, the words: "and international and regional organizations" are replaced by the words and a sentence thus written: "or parties or organizations, including international organizations, which control the State or an important part of its territory. This protection must be effective and not temporary. » ;
    (c) It is added a paragraph to read:
    "This protection is in principle ensured when the authorities referred to in the second paragraph take appropriate measures to prevent persecution or serious violations, in particular where they have an effective judicial system to detect, prosecute and punish acts constituting such persecution or abuses, and when the applicant has access to such protection. » ;
    3° After the word "serious", the end of the first sentence of Article L. 713-3 is thus written: "If it can, legally and safely, go to that part of the territory and if it can reasonably be expected to be established there. » ;
    4° Articles L. 713-4 to L. 713-6 are added as follows:


    "Art. L. 713-4. - The fears of persecution taken into account in the recognition of refugee status and the real risk of suffering serious breaches that may result in the benefit of subsidiary protection may be based on events that occurred after the claimant has left his country of origin or on the basis of activities that he or she has carried out after his or her departure from the country, in particular if it is determined that the activities invoked constitute the expression and extension of his or her convictions.


    "Art. L. 713-5. - The judicial authority shall communicate to the Director General of the French Refugee and Stateless Office and to the President of the National Court of the Right of Asylum, upon request or by office, any material collected during a civil proceeding or a criminal or correctional information, including when the latter ended by a non-lieu, of a nature to suspect that a person seeking asylum or status of a stateless person 2


    "Art. L. 713-6. - The judicial authority shall communicate to the Director General of the French Refugee and Stateless Office and to the President of the National Court of the Right of Asylum, upon request or ex officio, any material collected during a civil proceeding or criminal or correctional information, including when the court has ended by a non-lieu, such as to cause the fraudulent nature of a claim for asylum or the status of asylum. »

  • Chapter II: Provisions relating to stateless status Article 6 Learn more about this article...


    The Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
    1° In the second paragraph of Article L. 721-2 and in the first paragraph of Article L. 721-3, the words "and stateless" are deleted;
    2° At 10° of Article L. 313-11, the reference: "book VII" is replaced by the reference: "title I bis of Book VIII";
    3° After Title I of Book VIII, a title Ier bis is inserted as follows:


    « Title IER BIS
    "The STATUS OF APATRIDE


    « Single Chapter


    "Art. L. 812-1.-The quality of stateless persons is recognized to any person who meets the definition of Article 1 of the New York Convention, of September 28, 1954, relating to the status of stateless persons. These persons are governed by the provisions applicable to stateless persons under this Convention.


    "Art. L. 812-2.-The French Agency for the Protection of Refugees and Stateless Persons recognizes the quality of statelessness to persons fulfilling the conditions mentioned in article L. 812-1, following a procedure defined by decree in the Council of State.


    "Art. L. 812-3.-The French Agency for the Protection of Refugees and Stateless Persons shall notify the applicant of statelessness in writing. Any decision to reject is in fact and in law and specifies the remedies and deadlines for appeal.
    "No decision on a request for stateless status can arise from the silence kept by the Office.


    "Art. L. 812-4.-The French Agency for the Protection of Refugees and Stateless Persons shall exercise the legal and administrative protection of stateless persons.
    "It ensures this protection, including the implementation of the New York Convention of 28 September 1954, as set out in the last two paragraphs of Article L. 721-2.
    "It is authorized to issue to stateless persons the necessary documents to enable them to carry out the various acts of civil life and to authenticate the acts and documents submitted to it under the conditions laid down in Article L. 721-3.


    "Art. L. 812-5.-The foreign national who has obtained the status of stateless persons and who has been granted the temporary residence card mentioned in the 10th of Article L. 313-11 or the resident card mentioned in the 9th of Article L. 314-11 may apply for family reunification, under the same conditions as those provided for in Article L. 752-1 for the foreign national who has obtained the quality of refugee.


    "Art. L. 812-6.-Section L. 752-2 is applicable to unaccompanied minor who has obtained statelessness.


    "Art. L. 812-7.-A less than compelling reasons for national security or public order do not oppose it, the internationally recognized stateless person and holder of a valid residence permit may be issued a travel document referred to as a “carriage for stateless person” allowing him to travel outside French territory.
    "The validity of this travel document is fixed to IV of Article 953 of the General Tax Code.
    "This travel document may be withdrawn or renewed when it appears, after it is issued, that compelling reasons for national security or public order justify it.


    "Art. L. 812-8.-This title is applicable in its drafting resulting from Act No. 2015-925 of 29 July 2015 relating to the reform of asylum law, in the Wallis and Futuna Islands, French Polynesia and New Caledonia. »

  • Chapter III: Provisions relating to the procedure for examining asylum applications
    • Section 1: General provisions Article 7 Learn more about this article...


      Chapter I of Title II of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum is thus amended:
      1° Section L. 721-2 is amended as follows:
      (a) After the second paragraph, two sub-items are inserted:
      "The Office shall exercise impartially the above-mentioned missions and shall not receive any instruction in their performance.
      "The anonymity of officers of the Office responsible for the investigation of asylum applications and personal maintenance conducted with the applicants is assured. » ;
      (b) At the beginning of the third paragraph, the word "He" is replaced by the words "The Office";
      2° Section L. 721-3 is amended as follows:
      (a) In the first paragraph, after the word "refugees", the words "and beneficiaries of subsidiary protection" are inserted;
      (b) The second paragraph is deleted;
      (c) After the word "stamp", the end of the second sentence of the last paragraph is deleted;
      3° An article L. 721-4 is added as follows:


      "Art. L. 721-4. - The Office prepares an annual report on its activity, providing quantitative and qualitative data submitted by sex on the asylum application and statelessness and presenting the training actions delivered to agents, including on the issue of gender persecution and the vulnerability of asylum seekers. This report is transmitted to Parliament and made public. »

      Article 8 Learn more about this article...


      Article L. 722-1 of the same code is amended as follows:
      1° In the first paragraph, the words: "two parliamentarians, appointed by the National Assembly and the other by the Senate, one representative of France to the designated European Parliament" are replaced by the words: "two deputies, one woman and one man, appointed by the National Assembly, two senators, one woman and one man, appointed by the Senate, two representatives of France to the European Parliament, one woman and one man, appointed."
      2° After the first preambular paragraph, a sub-item reads as follows:
      "The board of directors shall include, as representatives of the State, two personalities, a man and a woman appointed by the Prime Minister, a representative of the Minister of the Interior, a representative of the Minister of Asylum, the Secretary General of the Ministry of Foreign Affairs, the Director of Civil Affairs and the Seal in the Ministry of Justice, a representative of the Minister of Social Affairs, a representative of the Minister responsible for Women's Rights, a representative of the Minister of the Minister of the Ministry of the Ministry of the Ministry of the Ministry of the Ministry of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Canada. »

      Article 9 Learn more about this article...


      Article L. 722-1 of the same code is amended as follows:
      1° In the second paragraph, the words: "as well as, under the conditions provided by the Community provisions in this regard, the list of countries considered at the national level as safe countries of origin, as mentioned in the second paragraph of Article L. 741-4. It is replaced by the word "and";
      2° After the second paragraph, five sub-items are inserted:
      "A country is considered to be a country of safe origin when, on the basis of the legal situation, the application of the law within the framework of a democratic regime and general political circumstances, it can be demonstrated that, in a general and uniform way for men and women, there is never resorted to persecution, torture, inhuman or degrading treatment or punishment and that there is no personal threat to them
      "The Board of Directors sets out the list of countries considered to be safe countries of origin, under the conditions set out in Article 37 and Appendix I of Directive 2013/32/EU of the European Parliament and the Council of 26 June 2013, on common procedures for the granting and withdrawal of international protection.
      "It regularly examines the situation in countries considered safe countries of origin.
      "He watches the news and relevance of registrations. It removes from the list countries no longer meeting the criteria mentioned in the fourth paragraph and may, in the case of rapid and uncertain developments in a country, suspend their registration.
      "The presidents of the permanent commissions for foreign affairs and of the permanent commissions responsible for the constitutional laws of the National Assembly and the Senate, a human rights association, an association for the defence of the rights of aliens or asylum seekers or an association for the rights of women or children may apply to the board of directors, under conditions provided by decree in the Council of State, a request for the registration or delisting of a State » ;
      3° The last paragraph is supplemented by two sentences as follows:
      " Qualified personalities have a deliberate voice regarding the determination of the list of countries considered to be safe countries of origin. In the event of a vote on this matter, the President of the Board of Directors is preponderant. »

      Article 10 Learn more about this article...


      Article L. 722-3 of the same code is supplemented by a paragraph as follows:
      "However, in accordance with second paragraph of Article 40 of the Code of Criminal Procedure, the Director General of the Office shall transmit to the Attorney General of the Republic any useful information that has led to the rejection of an application for asylum or statelessness motivated by one of the exclusion clauses defined in section F of Article 1 of the Geneva Convention, of 28 July 1951, relating to the status of refugees, a state, b and c of Article L. 712-2 of this Code or to the iii of 2 of Article 1 »

      Article 11 Learn more about this article...


      Chapter III of Book VII title II of the same code is amended to read:
      1° At the beginning, is added a section 1 entitled "Procedural guarantees and obligations of the applicant" and comprising articles L. 723-1 to L. 723-10, in their writing resulting from 2° to 9° of this article;
      2° Section L. 723-1 is amended as follows:
      (a) After the word: "application", the end of the second sentence of the first paragraph is thus written: " whose examination falls within the competence of another State under Regulation (EU) No 604/2013 of the European Parliament and of the Council, of 26 June 2013, establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application for international protection introduced in one of the Member States by a third country national or a » ;
      (b) The second paragraph is deleted;
      3° Articles L. 723-2 and L. 723-3 are as follows:


      "Art. L. 723-2.-I.-The Office shall decide in expedited proceedings when:
      « 1° The applicant comes from a country considered to be a country of safe origin under Article L. 722-1;
      « 2° The applicant submitted a request for review that is not inadmissible.
      "II.-The Office may, on its own initiative, decide in expedited proceedings when:
      « 1° The applicant submitted false identity or travel documents, provided false indications or concealed information or documents relating to his or her identity, nationality or the manner in which he or she entered France in order to mislead him or presented several asylum applications under different identities;
      « 2° The applicant has raised in support of his application only issues that are irrelevant to the claim he makes;
      « 3° The applicant made statements to the Office manifestly inconsistent and contradictory, manifestly false or unpleasant, which contradict verified information about the country of origin.
      "III.-The Office also decides in expedited proceedings when the administrative authority responsible for the registration of the asylum application finds that:
      « 1° The applicant refuses to comply with the obligation to give its fingerprints in accordance with Regulation (EU) No 603/2013 of the European Parliament and Council, of 26 June 2013, concerning the creation of Eurodac for the comparison of fingerprints for the effective application of the Regulation (EU) No 604/2013 establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application for international protection
      « 2° When the application is registered, the applicant submits false identity or travel documents, provides false indications or conceals information or documents relating to his or her identity, nationality or the terms of his or her entry to France in order to mislead the administrative authority or has submitted several asylum applications under different identities;
      « 3° Without a legitimate reason, the plaintiff who irregularly entered or maintained in France did not apply for asylum within one hundred and twenty days of his entry into France;
      « 4° The claimant only submits a claim for asylum with a view to failing a removal measure;
      « 5° The presence in France of the applicant constitutes a serious threat to public order, public security or the security of the State.
      "IV.-The procedure can only be implemented with respect to unaccompanied minors in the cases provided for in I and 5° of III of this article.
      "V.-In all cases, the Office conducts an individual review of each application in accordance with the procedural safeguards provided for in this chapter. He or she may decide not to rule in expedited proceedings when it appears necessary to ensure an appropriate review of the application, in particular if the applicant from a country listed in the fifth paragraph of Article L. 722-1 invokes serious reasons to believe that his or her country of origin cannot be considered safe because of his or her personal situation and the reasons for his or her request.
      "VI.-The decision of the Office referred to in II, that of the administrative authority referred to in III, or the refusal of the Office to rule in expedited proceedings provided for in the V, cannot be the subject of a separate appeal before the administrative courts of common law, which may be appealed, pursuant to Article L. 731-2, before the National Court of the Right of Asylum against the Office.


      "Art. L. 723-3.-For the duration of the application review procedure, the Office may define the specific terms and conditions of examination that it considers necessary for the exercise of the rights of an applicant because of its particular situation or vulnerability.
      "For the purposes of the first paragraph of this article, the Office shall take into account information on the vulnerability that is transmitted to it pursuant to Article L. 744-6 and the elements of vulnerability that it alone may have known in the light of the request or statements of the individual.
      "The Office may decide by priority on manifestly based applications as well as requests from vulnerable persons identified as having special hospitality needs pursuant to section L. 744-6 or as requiring special procedures for examination.
      "When the Office considers that the asylum seeker, in particular because of the serious violence suffered by him or her minority, requires special procedural guarantees that are not compatible with the examination of his or her application for expedited proceedings under Article L. 723-2, it may decide not to rule this way. » ;


      4° Article L. 723-3-1 becomes Article L. 723-8;
      5° Article L. 723-4 becomes Article L. 723-9 and is supplemented by a sentence as follows:
      "The terms and conditions for the designation and authorization of these agents are fixed by decree in the Council of State. » ;
      6° Article L. 723-4 is thus restored:


      "Art. L. 723-4.-The Office shall, at the end of a single instruction, decide on the recognition of refugee status or the granting of subsidiary protection.
      "It is up to the applicant to submit, as soon as possible, all necessary elements to support his asylum application. These elements correspond to his statements and all the documents available to him regarding his age, his personal history, including that of his family, his identity, his or her nationality, his or her travel titles, the countries as well as the places where he previously resided, his or her previous asylum applications, his or her itinerary and the reasons justifying his request.
      "The Office is responsible for assessing, in cooperation with the applicant, the relevant elements of the application.
      "The Office can carry out unconcentrated missions in the territories.
      "The Office shall rule on the application taking into account the situation prevailing in the country of origin on the date of its decision, the personal situation and the statements of the applicant, the evidence and information that it has presented, and, where appropriate, the activities it has carried out since the departure of its country of origin and which would be likely to expose it to persecution or serious violations in that country. The Office also takes into account, if any, that the applicant may avail himself of the protection of another country whose nationality is entitled to claim.
      "The fact that the applicant has already been subjected to serious persecution or damage or direct threats of such persecution or damage is a serious indication of the merits of the applicant's fears of persecution or the real risk of serious harm, unless there are specific and circumstantial elements that suggest that such persecution or serious harm will not occur.
      "When a portion of its statements is not supported by evidence, it is not required for the applicant to provide further evidence if it has complied with the requirements of the second paragraph and if its statements are considered consistent and credible and are not contradicted by information available to the Office. » ;


      7° Article L. 723-5 is as follows:


      "Art. L. 723-5.-The Office may request the person seeking asylum to undergo a medical examination.
      "The fact that the person refuses to submit to this medical examination is not an obstacle to the Office's decision on his request.
      "The medical certificates are taken into account by the Office in parallel with the other elements of the application.
      "A joint decision of the Ministers responsible for asylum and health, taken after the advice of the Director General of the Office, sets out the categories of doctors who may practise medical examination, as well as the procedure for establishing medical certificates. » ;


      8° Articles L. 723-6 and L. 723-7 are added as follows:


      "Art. L. 723-6.-The Office shall summon the applicant to a personal interview. It can be dispensed if it appears that:
      « 1° The Office is preparing to make a decision recognizing the refugee status from the elements in its possession;
      « 2° Medical, sustainable and independent reasons for the individual's will forbid maintenance.
      "Each major applicant is heard individually, outside the presence of family members. The Office may individually hear a minor applicant, under the same conditions, if it considers it reasonable to think that he could have suffered serious persecutions or abuses which family members would not have known.
      "The Office may conduct a supplementary interview in the presence of family members if it considers it necessary for the proper examination of the application.
      "The applicant is present at the interview and answers questions posed by the officer of the Office personally. He is heard in the language of his choice, unless there is another language of which he has sufficient knowledge.
      "If the applicant makes the request and the applicant appears to be clearly founded by the difficulty for the applicant to disclose all the grounds for his or her asylum application, including those related to sexual violence, the interview is conducted, to the extent possible, by an agent of the sex office of his or her choice and in the presence of a sex interpreter of his or her choice.
      "The applicant may be present at the accompanied interview with either a lawyer or a representative of a human rights association, an association for the defence of the rights of aliens or asylum seekers, a women's or children's rights association or an association to combat gender-based persecution or sexual orientation. The conditions for the empowerment of associations and the modalities for the accreditation of their representatives by the office are fixed by decree in the Council of State; may only be empowered independent associations with respect to the authorities of the countries of origin of asylum seekers and providing assistance to all applicants. The lawyer or representative of the association can only intervene at the end of the interview to comment.
      "The absence of a lawyer or a representative of an association does not prevent the Office from conducting an interview with the applicant.
      "Without prejudice to section L. 723-13, the plaintiff's absence without any legitimate reason, duly summoned to an interview, does not hinder the Office's decision on its application.
      "Without prejudice to the needs of a contentious action, the person accompanying the applicant to an interview cannot disclose the content of the interview.
      "The terms and conditions for the organization of the maintenance are defined by the Director General of the Office.
      "A decree in the Council of State sets out the cases and conditions in which the maintenance can be carried out by means of audiovisual communication for reasons held by the geographical distance or the particular situation of the applicant.


      "Art. L. 723-7.-I.-The personal interview with the applicant, together with the comments made, is the subject of a transcript on the record of the individual.
      "The transcript is communicated, at their request, to the interested person or his lawyer or to the representative of the association before a decision is made on the application.
      "In the event that the accelerated procedure provided for in Article L. 723-2 is applied, such communication may be made when the decision is notified.
      "II.-By derogation from Act No. 78-753 of 17 July 1978 on various measures to improve the relations between the administration and the public and various provisions of an administrative, social and fiscal order, when the personal maintenance conducted with the applicant has been the subject of a transcript and an audio recording, the applicant can only have access to that registration, in secure conditions defined by decree of the Minister responsible for the asylum, Such access may be obtained from the Office or, in case of appeal, from the National Court of Asylum Law. In the case of an appeal under section L. 213-9, such access may also be made available to the Administrative Court.
      "The fact, for any person, of broadcasting the sound recording carried out by the Office of a personal interview conducted with a claimant is punishable by one year's imprisonment and a fine of €15,000.
      "III.-The procedures for the transcription of the personal maintenance provided for in I, as well as the cases in which this interview is the subject of a sound recording or is followed by a collection of comments, are set by decree in the Council of State. » ;


      9° After the article L. 723-9, an article L. 723-10 is inserted as follows:


      "Art. L. 723-10.-The collection by the Office of Information necessary for the examination of a claim for asylum shall not have the effect of divulging to the alleged perpetrators of persecution or serious breaches the existence of that claim or information concerning it.
      "Without prejudice to the provisions of Article L. 733-4, information on the applicant's file or its sources whose disclosure would affect the security of the natural or legal persons who provided such information or of the persons to whom it relates or would be prejudicial to the collection of information necessary for the examination of an asylum application shall not be communicated by the Office. » ;


      10° Sections 2 to 4 are added as follows:


      “Section 2
      “Inadmissible applications


      "Art. L. 723-11.-The Office may make a decision to inadmissibility written and motivated, without verifying whether the conditions for granting the asylum are met, in the following cases:
      « 1° When the claimant receives effective protection under asylum in a Member State of the European Union;
      « 2° When the applicant is granted refugee status and effective protection in a third State and is effectively re-admissible;
      « 3° In the event of a request for re-examination where, following a preliminary examination conducted in accordance with the procedure set out in Article L. 723-16, it appears that the request does not meet the conditions set out in the same section.
      "The notification of the decision to be inadmissible to the claimant specifies the avenues and deadlines for appeal.
      "In the personal interview provided for in Article L. 723-6, the applicant is entitled to submit his observations on the application of the grounds of inadmissibility referred to in 1° or 2° of this article to his personal situation.
      "The Office retains the power to examine the application by a persecuted foreigner because of its action in favour of freedom or seeking protection for another reason.


      “Section 3
      "Withdrawal of an application and closing of an application


      "Art. L. 723-12.-When the applicant informs him of the withdrawal of his asylum application, the Office may close the examination of that claim. This fence is recorded in the applicant's file.


      "Art. L. 723-13.-The Office may make a decision to close the examination of an application in the following cases:
      « 1° The plaintiff, without legitimate reason, did not submit his application to the office within the time limits provided by decree in the Council of State and current as of the handover of his certificate of asylum application or did not appear at the office of maintenance;
      « 2° The applicant refuses, in a deliberate and characterized manner, to provide essential information for the examination of the applicant's application under Article L. 723-4;
      « 3° The applicant has not informed the Office, within a reasonable time, of its place of residence or address and may not be contacted for the purposes of examining its application for asylum;
      "The Office shall notify the claimant in writing of its decision in fact and in law. This notification specifies the avenues and deadlines for appeal.


      "Art. L. 723-14.-If, within a period of less than nine months from the closing decision, the applicant requests the reopening of the record or submits a new application, the Board shall reopen the file and resume consideration of the application at the stage at which it was interrupted. The filing by the applicant of an application for reopening of his case is a mandatory prerequisite for the exercise of an appeal before the administrative courts of common law, barely to be admissible.
      "An applicant's file can only be reopened once under the first paragraph.
      "After the nine-month period, the closing decision is final and the new application is considered a request for review.


      “Section 4
      "Review requests


      "Art. L. 723-15.-Requests an application for a review of an application for asylum after a final decision has been made on an earlier application, including where the applicant had explicitly withdrawn its earlier application, when the Office made a final decision to close pursuant to section L. 723-13 or when the applicant has left the territory, even to join its country of origin. These provisions apply without prejudice to Regulation (EU) No 604/2013 of the European Parliament and the Council of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for the examination of an application for international protection introduced in one of the Member States by a third country national or stateless person.
      "If new evidence is presented by the claimant while the procedure for his application is under way, it shall be examined, in the course of this procedure, by the Office if the claimant has not yet ruled or by the National Court of the Right of Asylum if it is seized.


      "Art. L. 723-16.-In support of its application for review, the applicant shall provide in writing the facts and shall produce any evidence that may justify a further review of the claimant's claim.
      "The Office shall conduct a preliminary review of the facts or new evidence submitted by the applicant after the final determination made on an earlier application or that it is found to have been aware of it only after that decision.
      "In the preliminary examination, the Office may not conduct an interview.
      "When, as a result of this preliminary review, the Office concludes that these new facts or elements do not significantly increase the likelihood that the applicant justifies the conditions required to claim protection, it may make an unreceivable decision.


      "Art. L. 723-17.-The conditions and deadlines for the investigation of asylum applications whose office is seized are fixed by decree in the Council of State. »

      Article 12 Learn more about this article...


      The same title II is supplemented by chapter IV as follows:


      “Chapter IV
      « End of protection


      "Art. L. 724-1.-Where the French Refugee and Stateless Protection Agency is considering the termination of refugee status pursuant to Articles L. 711-4 or L. 711-6 or for the benefit of subsidiary protection under Article L. 712-3, it shall notify the person concerned in writing, as well as the reasons for the undertaking of this procedure.


      "Art. L. 724-2.-The person concerned shall be entitled to submit in writing his or her comments on the grounds that may hinder the termination of refugee status or the benefit of subsidiary protection.
      "If, however, the Office considers it necessary to conduct a personal interview, it shall be conducted under the conditions set out in section L. 723-6.


      "Art. L. 724-3.-The decision of the French Agency for the Protection of Refugees and Stateless Persons to terminate refugee status or for the benefit of subsidiary protection is notified in writing to the person concerned. It is in fact and in law and specifies the remedies and deadlines for appeal. »

    • Section 2: Provisions relating to the examination of asylum applications at the border Article 13 Learn more about this article...


      I.-Book II of the Code of Entry and Residence of Aliens and the Right of Asylum is thus amended:
      1° After L. 213-8, articles L. 213-8-1 and L. 213-8-2 are inserted as follows:


      "Art. L. 213-8-1.-The decision to refuse entry to France to a foreigner who is on the border and asks to benefit from the right of asylum can only be taken by the Minister responsible for immigration if:
      « 1° The examination of the asylum application falls within the competence of another State pursuant to Regulation (EU) No 604/2013 of the European Parliament and of the Council, of 26 June 2013, establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application for international protection introduced in one of the Member States by a national of third countries or a stateless person, or pursuant to commitments identical to those provided by the same regulation;
      « 2° The application for asylum is inadmissible under Article L. 723-11;
      « 3° Or the asylum application is clearly unfounded.
      "Requests a manifestly unfounded asylum application that, in the light of statements made by the foreigner and documents, if any, is manifestly irrelevant in terms of the conditions of granting the asylum or manifestly lacking any credibility with respect to the risk of persecution or serious breaches.
      "Except in the event that the examination of the asylum application falls within the jurisdiction of another State, the decision to refuse entry may only be taken after consultation with the French Agency for the Protection of Refugees and Stateless Persons, which renders its opinion within a time limit set by regulation and in accordance with the procedural guarantees provided for in Chapter III of Title II of Book VII. The Office takes into account the vulnerability of the claimant. A lawyer or representative of one of the associations referred to in the eighth paragraph of Article L. 723-6, designated by the foreigner, is authorized to enter the waiting area to accompany him to his interview under the conditions provided for in the same Article L. 723-6.
      "Unless the foreigner's access to French territory constitutes a serious threat to public order, the Office's opinion, if it is favourable to the entry into France of the asylum-seeker, links the Minister responsible for immigration.
      "The foreigner allowed to enter France for asylum is provided without delay with a visa for the regulation of eight days. In this period, the competent administrative authority shall, upon request, issue a certificate of asylum application permitting it to file its application with the office.


      "Art. L. 213-8-2.-Le 1° de l'article L. 213-8-1 n'est applicable en Guadeloupe, en Guyane, en Martinique, à Mayotte, à La Réunion, à Saint-Pierre-et-Miquelon, à Saint-Barthélemy et à Saint-Martin. » ;


      2° Section L. 213-9 is amended as follows:
      (a) After the word: "Asylum", the end of the first paragraph is as follows: "and, if any, a transfer decision referred to in Article L. 742-3 may, within forty-eight hours after notification of these decisions, request the cancellation to the President of the Administrative Court. » ;
      (b) The third paragraph is supplemented by the words: "and, if any, against the transfer decision";
      (c) After the word: "administrative", the end of the fifth paragraph is thus written: "or imputed with manifest inadmissibility not likely to be covered in the proceedings. » ;
      (d) In the seventh paragraph, the words: "can not be executed before the expiry of a period of forty-eight hours following the expiration of the term" are replaced by the words: "and, if any, the transfer decision may not be executed before the expiry of a period of forty-eight hours following the expiration of the term";
      (e) The penultimate paragraph is thus amended:


      -in the first sentence, the words: "is cancelled" are replaced by the words: "and, if any, the transfer decision is cancelled";
      -in the second sentence, the words: "a temporary residence permit allowing him to file" are replaced by the words: "the asylum certificate allowing him to enter";


      (f) After the word: "Asylum", the end of the last paragraph is as follows: "and, if any, the transfer decision that has not been contested within the time limit provided for in the first paragraph or that has not been cancelled under the conditions provided for in this article may be executed by the administration on its own motion. » ;
      3° The first paragraph of Article L. 221-1 is replaced by four subparagraphs as follows:
      "The foreigner who arrives in France by rail, sea or air and who is not allowed to enter French territory may be kept in a waiting area located in a railway station open to international traffic on a list defined by regulation, in a port or near the landing site or in an airport, for the time strictly necessary for his departure.
      "This title also applies to a foreigner who requests to enter France under asylum, the time strictly necessary to verify whether the examination of his application falls within the competence of another State under regulation (EU) no 604/2013 of the European Parliament and the Council, of 26 June 2013, establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application for international protection made in one of the States
      "When the French Agency for the Protection of Refugees and Stateless Persons, as part of the examination to determine whether the claim is not inadmissible or manifestly unfounded, considers that the claimant, in particular because of its minority or because it has been the victim of torture, rape or other serious form of psychological, physical or sexual violence, requires specific procedural safeguards that are not compatible with the area The foreigner is then provided with an eight-day regularization visa. In this period, the competent administrative authority shall, upon request, issue a certificate of asylum application permitting it to enter the application with the office.
      "The maintenance of an unaccompanied minor in a waiting area, the time strictly necessary for the examination to determine if his or her application is not inadmissible or manifestly unfounded, is only possible in an exceptional manner and only in the cases provided for in 1° and 2° of I, 1° of II and 5° of III of Article L. 723-2. » ;
      4° The same article L. 221-1 is supplemented by a paragraph as follows:
      "A decree in the Council of State sets out the modalities for the application of this article. It specifies how to take into account the claimant's vulnerability and, where appropriate, its specific needs. » ;
      5° After the first sentence of the first paragraph of article L. 221-4, a sentence is inserted as follows:
      "He is also informed of the rights he is likely to exercise in respect of asylum applications. » ;
      6° At the end of the second sentence of Article L. 224-1, the words: "a receipt of a claim for asylum" are replaced by the words: "a certificate of asylum permitting him to introduce his claim for asylum".
      II.-Chapter VII of Book VII of the Administrative Justice Code is amended as follows:
      1° The title is supplemented by the words: "and transfer decisions made at the border";
      2° In article L. 777-1, after the first occurrence of the word "asyment", the words "and, if any, against transfer decisions" are inserted.

    • Section 3: Provisions relating to the examination of asylum applications in custody Article 14 Learn more about this article...


      Article L. 551-3 of the Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
      1° After the first sentence, a sentence is inserted as follows:
      "To this end, it can benefit from legal and linguistic assistance. » ;
      2° Is added a sentence as follows:
      "This inadmissibility is not enforceable outside Canada, which invokes, in support of its application, facts arising after the expiry of this period. »

      Article 15 Learn more about this article...


      In the second paragraph of article L. 553-3 of the same code, after the word "access" are inserted the words: "from the delegate of the United Nations High Commission for Refugees or its representatives and".

      Article 16 Learn more about this article...


      I.-The title V of Book V of the same code is supplemented by a chapter VI as follows:


      “Chapter VI
      "Requests for asylum in custody


      "Art. 556-1.-Where a foreigner placed in custody pursuant to section L. 551-1 submits an application for asylum, the administrative authority may, if it considers, on the basis of objective criteria, that this application is submitted solely for the purpose of failing the enforcement of the removal measure, maintaining the person in custody the strictly necessary time for the examination of his application for asylum by the French Agency The detention decision is written and motivated. In the absence of such a decision, it shall immediately terminate the detention and the competent administrative authority shall issue to the interested party the certificate referred to in Article L. 741-1.
      "The foreigner may request the President of the Administrative Court to cancel the detention decision within 48 hours of his notification. The President of the Administrative Court or the magistrate to that end designates among the members of his jurisdiction or the honorary magistrates listed in the listArticle L. 222-2-1 of the Administrative Justice Code statue after notification of the decision of the applicant's office, within a period not exceeding seventy-two hours, under the conditions set out in Article L. 512-1 of this Code.
      "If the President of the Administrative Court or the magistrate appointed for that purpose has not yet ruled on the first appeal, he shall rule on the two motions by a single decision, if he or she is arrested on the basis of the same article L. 512-1.
      "In the event of the cancellation of the detention or retention order, the detention is immediately terminated and the competent administrative authority shall issue to the person concerned the certificate referred to in Article L. 741-1. Section L. 561-1 is applicable.
      "With the exception of the cases referred to in 4th and 5th of Article L. 743-2, the removal measure cannot be enforced before the French Refugee and Stateless Protection Agency has rendered its decision or, in the event of a referral to the President of the Administrative Court, before the latter or the designated magistrate has ruled.
      "The asylum application shall be considered in accordance with the accelerated procedure provided for in Article L. 723-2. The Board shall rule under the conditions set out in sections L. 723-2 to L. 723-16 within eighty-six hours. It takes into account the vulnerability of the claimant.
      "Retention shall be terminated if the Office considers that it cannot examine the application in accordance with the procedure provided for in Article L. 723-2 or if it recognizes the refugee status or grants it the benefit of subsidiary protection.
      "A decree in the Council of State sets out the modalities for the application of this article. It specifies how to take into account the claimant's vulnerability and, where appropriate, its specific needs.


      "Art. L. 556-2.-The second to fifth paragraphs of Article L. 556-1 are not applicable in Guyana, Guadeloupe, Mayotte, Saint-Barthélemy and Saint-Martin. »


      II.-After chapter VII of Book VII of the Administrative Justice Code, a chapter VII bis is inserted as follows:


      “Chapter VII bis
      "The right to remain in French territory in the event of a request for asylum in detention


      "Art. L. 777-2.-The terms and conditions under which the President of the Administrative Court or the magistrate designated by him shall examine the applications for injunction for the purposes of maintaining in the French territory of a foreigner who has sought asylum in custody, the time necessary for the National Court of the Right of Asylum to rule on his appeal, shall comply with the rules laid down in Article III L. 512-1 and Article L. 556-1 of the Code of stay »

  • Chapter IV: Provisions relating to the National Court of Asylum Law Article 17 Learn more about this article...


    I. - Title III of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
    1° Article L. 731-2 is as follows:


    "Art. L. 731-2. - The National Court of the Right of Asylum shall rule on appeals against the decisions of the French Refugee and Stateless Protection Agency pursuant to sections L. 711-1 to L. 711-4, L. 712-1 to L. 712-3, L. 713-1 to L. 713-4, L. 723-1 to L. 723-8, L. 723-11, L. 723-15 and L. 723-16. In the event of an inadmissibility, these remedies must be exercised within one month of the notification of the decision of the Office, in conditions set by decree in the Council of State.
    "The National Court of the Right of Asylum shall rule in collegial formation within five months of its referral. However, without prejudice to the application of Article L. 733-2, where the decision of the Office was made pursuant to Articles L. 723-2 or L. 723-11, the President of the National Court of Asylum Law or the President of the formation of judgment that he designates for that purpose shall rule within five weeks of his referral. On its own initiative or at the request of the applicant, the President of the Court or the President of the Designated Judgment Training may, at any time of the proceedings, refer the application to collegial training if he or she considers that the application does not fall within one of the cases provided for in the same sections L. 723-2 and L. 723-11 or raises a serious difficulty. The court shall then rule under the conditions provided for in the first sentence of this paragraph. » ;


    2° The last sentence of Article L. 731-3 is supplemented by the words: "in conditions fixed by decree in the Council of State";
    3° Chapter I is supplemented by an article L. 731-4 as follows:


    "Art. L. 731-4. - The activity report of the National Court of Asylum Law is made public. It includes, inter alia, quantitative and qualitative data submitted by sex and training of law enforcement officers and members, in particular on gender-based persecution. » ;


    4° Article L. 732-1 is amended as follows:
    (a) In the first paragraph, the word "sections" is replaced by the words "judgment training";
    (b) 2° is supplemented by the words: ", because of its competence in the legal or geopolitical fields";
    (c) The 3° is thus modified:


    - after the word "skilled" are inserted the words "French nationality";
    - after the word "State", the end is thus written: ", because of its competence in the legal or geopolitical fields. » ;


    (d) Four subparagraphs are added:
    "All members of the judgment training participate in more than twelve hearing days per year.
    "Trial formations are grouped into chambers themselves grouped into sections. The number of sections and chambers is fixed by order of the Vice-President of the Council of State.
    "The presiding judge appointed by the President of the National Court of Asylum Law pursuant to the second paragraph of Article L. 731-2 shall be appointed either from the permanent magistrates of the court or from the non-permanent magistrates having at least six months of experience in collegial training in the court.
    "The term of office of the members of the National Court of Asylum Law is set by decree in the Council of State. » ;
    5° Section L. 733-1 is amended as follows:
    (a) After the second preambular paragraph, a sub-item reads as follows:
    "For the same purposes, the president of this jurisdiction may also provide for the holding of foraine hearings at the headquarters of an administrative or judicial court, after agreement of the president of the jurisdiction concerned. » ;
    (b) At the end of the last paragraph, the reference: "second paragraph" is replaced by the reference: "this article";
    6° After L. 733-1, an article L. 733-1-1 is inserted as follows:


    "Art. L. 733-1-1. - The proceedings before the National Court of the Right of Asylum shall be held in public hearing after reading the report by the rapporteur. However, the closed court is entitled if the applicant so requests. The presiding judge may also decide that the hearing will take place or will continue outside the presence of the public, if the circumstances of the case so require. It may also prohibit access to the courtroom to minors or some of them. »
    7° Section L. 733-2 is amended as follows:
    (a) After the word: "section", the words are inserted: ", of room or of the formation of judgment";
    (b) At the end, the words: "of a collegial formation" are replaced by the words: "of one of the formations provided for in Article L. 731-2";
    (c) It is added a paragraph to read:
    "A decree in the Council of State sets the conditions for the application of this article. It sets out the conditions under which the chair and chairs of section, chamber or trial may, after instruction, make an order on applications that do not present any serious considerations that may challenge the decision to inadmissibility or rejection of the Director General of the Office. » ;


    8° Chapter III is supplemented by articles L. 733-4 and L. 733-5 as follows:


    "Art. L. 733-4. - The collection by the National Court of the right to asylum of information necessary for the examination of an appeal against a decision of the Director General of the French Agency for the Protection of Refugees and Stateless Persons shall not have the effect of divulging to the alleged perpetrators of serious persecutions or breaches the existence of the claim for asylum or information concerning it.
    "If, before the court, the Office opposes the communication to the applicant of information or of their sources whose disclosure would affect the security of the natural or legal persons who provided such information or of the natural or legal persons to whom such information relates, it shall refer to the President of the Court. The Office sets out in its application the reasons for this confidentiality.
    "If the president or magistrate designated for this purpose considers the request of the justified office, the Office shall produce all information relating to the asylum application, excluding those mentioned in the second paragraph of this article for which it shall transmit only a summary. All of these elements are communicated to the trial, the rapporteur and the appellant.
    "If the President or the designated judge for this purpose considers that the information and sources referred to in the same second paragraph do not have a confidential character and if the Office decides to maintain that confidentiality, it shall produce all information relating to the asylum application, excluding any information that it considers confidential for which it only transmits a summary. All of these elements are communicated to the trial, the rapporteur and the appellant.
    "The court cannot base its decision exclusively on information that has remained confidential with respect to the applicant.


    "Art. L. 733-5. - Seizure of an appeal against a decision of the Director General of the French Refugee and Stateless Agency, the National Court of Asylum Law shall, as a judge of full litigation, decide on the applicant's right to protection under asylum in the light of the factual circumstances of which it is aware at the time of its decision.
    "The court may not revoke a decision by the Director General of the Office and return the examination of the asylum application to the Court only when it considers that the Board has made this decision without conducting an individual review of the application or by dispensing, in addition to the cases provided by law, with a personal interview with the applicant and that it is not in a position to make an immediate positive decision on the application for protection in the light of the evidence before it.
    "Without prejudice to the second preambular paragraph, the appellant may use the sound recording of his personal interview only in support of a challenge filed within the appeal period and relating to a translation error or a countersensit, which is clearly identified in the transcript of the interview and which may have a decisive influence on the assessment of the need for protection. »


    II. - The Administrative Justice Code is amended as follows:
    1° In the last paragraph of Article L. 233-5, the word "section" is replaced by the words "judgment training and chamber chair";
    2° The second paragraph of Article L. 234-3 is amended as follows:
    (a) The first sentence is amended to read:


    - after the word "section" are inserted the words "or room";
    - the words: "once" are deleted;


    (b) The second sentence is deleted;
    3° Section L. 234-3-1 is repealed;
    4° In the first sentence of Article L. 234-4, after the words "eight chambers" are inserted the words "or section president in the National Court of Asylum Law".
    III. - Law No. 91-647 of 10 July 1991 on legal aid is amended as follows:
    1° In the last paragraph of Article 3, the words: "Refugee Appeals Board" are replaced by the words: "National Court of Asylum Law";
    2° Part I is supplemented by an article 9-4, which reads as follows:


    "Art. 9-4. - Before the National Court of the Right of Asylum, the right to legal aid is in full right, unless the appeal is manifestly inadmissible. If legal aid is sought to bring the appeal to the court, it must be requested within fifteen days of the notice of the decision of the court. Otherwise, legal aid may be sought when the appeal is brought, exercised within the time limit. These deadlines are notified with the decision of the French Agency for the Protection of Refugees and Stateless Persons subject to appeal. » ;


    3° In the fourth paragraph of Article 14, the words: "Refugee Appeals Board" are replaced by the words: "National Court of Asylum Law";
    4° After the words: "President of", the end of the fourth paragraph of Article 16 is thus written: "training of judgment referred to inArticle L. 732-1 of the Code of Entry and Residence of Aliens and the Right of Asylum. »

  • Chapter V: Provisions relating to access to asylum proceedings and reception of applicants Article 18 Learn more about this article...


    The title IV of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum is thus written: "Access to the procedure and conditions of reception of asylum seekers".

    Article 19 Learn more about this article...


    Chapter I of the same title IV reads as follows:


    “Chapter I
    "Registration of asylum application


    "Art. L. 741-1.-Any foreigner present in French territory and wishing to apply for asylum shall present himself to the competent administrative authority, who shall register his or her application and shall make the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and of the Council, of 26 June 2013, establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application of international protection made in one of the Member States
    "The registration shall take place no later than three working days after the submission of the application to the competent administrative authority, without precondition for domicile. However, this period may be extended to 10 working days when a large number of foreigners apply for asylum simultaneously.
    "The foreigner is obliged to cooperate with the competent administrative authority to establish his or her identity, his or her nationality, his or her family situation, his or her journey from his or her country of origin and, where applicable, his or her previous asylum applications. It presents any identity or travel documents available to it.
    "When the registration of his asylum application has been made, the foreigner is given a certificate of asylum application whose conditions of grant and renewal are fixed by decree in the Council of State. The period of validity of the certificate shall be determined by order of the Minister for Asylum.
    "The issue of this certificate cannot be denied on the ground that the foreigner is deprived of the documents and visas referred to in Article L. 211-1. It may be refused only in the cases provided for in the 5th and 6th of Article L. 743-2.
    "This certificate is not issued to the foreign country requesting asylum on the border or in custody.


    "Art. L. 741-2.-When the examination of the asylum application falls within the jurisdiction of France, the foreigner submits his application to the French Agency for the Protection of Refugees and Stateless Persons within a time limit set by decree in the Council of State. The competent administrative authority shall immediately inform the office of the registration of the application and of the surrender of the asylum certificate.
    "The Office may only have an application for asylum if it has been previously registered by the competent administrative authority and if the asylum certificate has been given to the person concerned.


    "Art. L. 741-3.-Where the application for asylum is submitted by a minor without a legal representative in French territory, the prosecutor of the Republic, immediately notified by the administrative authority, shall forthwith appoint an ad hoc administrator to him. The latter assists the minor and ensures its representation in the administrative and judicial proceedings relating to the asylum application.
    "The ad hoc administrator is appointed by the competent prosecutor of the Republic on a list of legal or physical persons whose constitutions are fixed by decree in the Council of State. This decree also specifies the conditions for their compensation.
    "The mission of the ad hoc administrator ends as soon as a measure of guardianship is pronounced.
    "The chair of the departmental council is immediately informed, pursuant toArticle L. 226-2-1 of the Code of Social Action and Familiesin order to enable it to assess the situation of the minor without a legal representative and to determine the protection and assistance actions that the minor needs.


    "Art. L. 741-4.-As soon as possible after an unaccompanied minor applies for asylum, the administrative authority shall search for members of his family, while protecting the best interests of the minor. In cases where the life or physical integrity of a minor or his or her close relatives may be threatened, this research is conducted in a confidential manner. »

    Rule 20 Learn more about this article...


    I.- Chapter II of the same title IV is as follows:


    “Chapter II
    " Procedure for the determination of the State responsible for the examination of the asylum application


    "Art. L. 742-1.-Where the administrative authority considers that the examination of an application for asylum falls within the jurisdiction of another State which it intends to request, the alien shall be entitled to remain in the French territory until the end of the procedure for determining the State responsible for the examination of his or her application and, if so, until the effective transfer to that State. The certificate issued pursuant to Article L. 741-1 refers to the procedure of which it is subject. It is renewable during the procedure for determining the responsible State and, if necessary, until its effective transfer to that State.
    "This article does not preclude the sovereign right of the State to grant asylum to any person whose examination of the application falls within the jurisdiction of another State.


    "Art. L. 742-2.-The administrative authority may, for the purpose of implementing the procedure for the determination of the State responsible for the examination of the asylum application and the prompt processing and effective follow-up of the application, assign the applicant to his residence.
    "The decision to house is motivated. It can be taken for a maximum of six months and renewed once within the same time limit, by a decision also motivated.
    "The applicant shall be required to reside in the places to which he or she is appointed shall submit to the convocations of the administrative authority, to respond to requests for information and to attend the meetings provided for in the procedure for determining the State responsible for the examination of his or her asylum application. The administrative authority may prescribe the surrender of its passport or any supporting document of its identity to a foreign country under the conditions laid down in Article L. 611-2.


    "Art. L. 742-3.-Subject to the second paragraph of Article L. 742-1, a foreigner whose examination of the asylum application falls under the responsibility of another State may be transferred to the State responsible for that examination.
    "A transfer decision shall be the subject of a written decision by the administrative authority.
    "This decision is notified to the interested party. She mentions the avenues and deadlines of appeal and the right to notify or notify her consulate, counsel or any person of her choice. When the person is not assisted by counsel, the main elements of the decision are communicated to him in a language that he or she understands or is reasonable to believe that he or she understands it.


    "Art. L. 742-4.-I.-A foreigner who has been the subject of a transfer decision referred to in Article L. 742-3 may, within fifteen days of notification of this decision, request the cancellation of the transfer to the President of the Administrative Court.
    "The president or magistrate to whom he designates for this purpose among the members of his jurisdiction or the honorary magistrates on the list referred to in theArticle L. 222-2-1 of the Administrative Justice Code statue within fifteen days of its referral.
    "No other remedy may be brought against the transfer decision.
    "The foreigner may apply to the president of the court or to the judge designated by him for the assistance of an interpreter. The foreigner is assisted by his advice, if he has one. He may apply to the President of the Administrative Court or to the designated magistrate for that purpose to appoint him an ex officio.
    "The hearing is public. It takes place without conclusions of the public rapporteur, in the presence of the individual, unless the person, duly summoned, does not present himself.
    "However, if, in the course of a proceeding, the alien is detained pursuant to Article L. 551-1 of this Code or under house arrest pursuant to Article L. 561-2, the alien shall be held in accordance with the procedure and within the time limit provided for in Article II of this Article.
    "II.-When a decision of detention pursuant to Article L. 551-1 or of house arrest pursuant to Article L. 561-2 is notified with the transfer decision, the foreigner may, within forty-eight hours of notification, request the President of the Administrative Court to cancel the transfer decision and the decision of detention or house arrest.
    "It is decided on this remedy in accordance with the procedure and within the time limit provided for in Article L. 512-1.
    "It is also ruled by the same procedure and within the same time period on the appeal against a decision to transfer by a foreigner who is the subject of a decision to place in custody or house arrest. In this case, the period of seventy-two hours to make a decision short from the notification by the administration to the court of the decision to place the detention or house arrest.


    "Art. L. 742-5.-Articles L. 551-1 and L. 561-2 are applicable to a foreign country subject to a transfer decision upon notification of that decision.
    "The transfer decision shall not be subject to an ex officio execution or before the expiry of a fifteen-day period or, if a detention order made pursuant to Article L. 551-1 or a residential assignment made under Article L. 561-2 has been notified with the transfer decision, before the expiry of a period of forty-eight hours, or before the administrative court has been held,


    "Art. L. 742-6.-If the transfer decision is cancelled, it is immediately terminated the monitoring measures provided for in Book V. The administrative authority again decides on the case of the individual. »


    II.-The same code is amended as follows:
    1° Article L. 111-7 is amended as follows:
    (a) In the first sentence, the words: "or deduction for the verification of the right of movement or residence" are replaced by the words: ", deduction for the verification of the right of movement or residence or transfer to the State responsible for the examination of its asylum application";
    (b) In the third sentence, the words "or placement" are replaced by the words ", placement or transfer";
    2° In the first sentence of the first paragraph of Article L. 111-8, after the reference: "VI", the reference is inserted: "and Article L. 742-3";
    3° Section L. 531-2 is amended as follows:
    (a) The first paragraph is deleted;
    (b) At the beginning of the second paragraph, the words: "The same provisions are also applicable" are replaced by the words: "Article L. 531-1 is applicable";
    4° The first of Article L. 551-1 is supplemented by the words: "or is the subject of a transfer decision pursuant to Article L. 742-3";
    5° The second of Article L. 561-1 is supplemented by the words: "or transferred to the State responsible for its asylum application under Article L. 742-3".
    III.-After chapter VII of Book VII of the Administrative Justice Code, a chapter VII ter is inserted as follows:


    “Chapter VII ter
    "The litigation of transfer decisions to the State responsible for the examination of the asylum application


    "Art. L. 777-3.-The terms and conditions under which the President of the Administrative Court or the designated magistrate for this purpose shall examine the annulment appeals against the transfer decisions referred to in theArticle L. 742-3 of the Code of Entry and Residence of Aliens and the Right of Asylum obey the rules set out in articles L. 512-1 and L. 742-4 to L. 742-6 of the same code. »


    IV.-In the penultimate paragraph of section 3 of Act No. 91-647 of 10 July 1991 on legal aid, the references: "and L. 552-1 to L. 552-10" are replaced by the references: ", L. 552-1 to L. 552-10 and L. 742-4".

    Article 21 Learn more about this article...


    I.-The title IV of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum is supplemented by a chapter III as follows:


    “Chapter III
    “Right to maintain in French territory


    "Art. L. 743-1.-The claimant whose examination of the application falls within the jurisdiction of France and who has filed his application with the French Agency for the Protection of Refugees and Stateless Persons shall be entitled to remain in French territory until the notice of the decision of the Office or, if an appeal has been filed, until the decision of the National Court of the Right of Asylum is notified. The certificate issued pursuant to Article L. 741-1, provided that the application for asylum has been filed with the Office, is valid for temporary residence and is renewable until the office and, where applicable, the court decide.


    "Art. L. 743-2.-By derogation from Article L. 743-1, subject to compliance with the provisions of Article 33 of the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951, and Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted in Rome on 4 November 1950, the right to remain in French territory ends and the certificate of application for asylum may be refused,
    « 1° The French Agency for the Protection of Refugees and Stateless Persons has taken a decision to be inadmissible pursuant to 1° or 2° of Article L. 723-11;
    « 2° The applicant informed the Office of the withdrawal of his asylum application under Article L. 723-12;
    « 3° The Board made a closing decision pursuant to section L. 723-13. The foreigner who obtains the reopening of his case under Article L. 723-14 is again entitled to remain in French territory;
    « 4° The foreigner has not introduced a first request for a review, which has been the subject of an unreceivable decision by the Office pursuant to the 3rd of Article L. 723-11, only with a view to failing a removal measure;
    « 5° The foreigner submits a new application for review after the final rejection of a first application for review;
    « 6° The foreigner is subject to a final extradition decision to a State other than its country of origin or a decision to hand over the basis of a European arrest warrant or an application by an international criminal court.
    "The conditions for the renewal and withdrawal of the asylum certificate are fixed by decree in the Council of State.


    "Art. L. 743-3.-A foreigner to whom recognition of refugee status or benefit of subsidiary protection has been permanently denied or who no longer has the right to remain in French territory under Article L. 743-2 and who cannot be allowed to remain in the territory for another title must leave French territory, under penalty of being subject to a measure of distance provided for in Part I of Chapter VI and,


    "Art. 743-4.-Without prejudice to sections L. 556-1 and L. 743-2, where a foreigner seeking the registration of a claim for asylum has been the subject of, prior to the submission of his application, a measure of removal under Book V, the latter, which is not repealed by the issuance of the certificate under Article L. 741-1, »


    II.-Chapter I of Book III title I of the same code is amended as follows:
    1° In the first sentence of the first paragraph of Article L. 311-4, the words: "a receipt of one" are replaced by the words: "a certificate of";
    2° Article L. 311-5 is amended as follows:
    (a) The words: "an asylum receipt" are replaced by the words: "an attestation referred to in sections L. 741-1, L. 742-1 or L. 743-1";
    (b) The words are added: "or grant the benefit of subsidiary protection under Book VII";
    3° After the same article L. 311-5, articles L. 311-5-1 and L. 311-5-2 are inserted as follows:


    "Art. L. 311-5-1.-The foreigner to whom the refugee status is recognized by the French Refugee and Stateless Protection Agency or the National Court of the Right of Asylum is entitled to apply for the issuance of a resident card.
    "In a period of eight days from the date of his application, he is in possession of an application for a residence permit, which is valid for a period of six months renewable and which bears the reference to “refugee recognized”.
    "This receipt confers on its licensee the right to practise the profession of its choice under the conditions set out in section L. 314-4.


    "Art. L. 311-5-2.-The foreigner who has been granted the benefit of subsidiary protection by the French Refugee and Stateless Protection Agency or the National Court of the Right of Asylum is entitled to apply for the issuance of a residence permit.
    "In a period of eight days from the date of his application, he is in possession of a residence permit, which is valid for a period of six months renewable.
    "This receipt confers on its licensee the right to practise the profession of its choice under the conditions set out in section L. 314-4. »

    Article 22 Learn more about this article...


    After the 5° of the I of the article L. 511-1 of the same code, it is inserted a 6° as follows:
    « 6° If the recognition of the refugee status or the benefit of the subsidiary protection has been permanently denied abroad or if the foreigner no longer has the right to remain in the French territory under Article L. 743-2, unless he or she is a holder of a valid residence permit. »

    Article 23 Learn more about this article...


    Title IV of Book VII of the same Code is supplemented by a chapter IV as follows:


    “Chapter IV
    « Conditions of reception of asylum seekers


    “Section 1
    "National host system


    "Art. L. 744-1.-The material conditions for the reception of the asylum seeker, within the meaning of Directive 2013/33/EU of the European Parliament and the Council, of 26 June 2013, establishing standards for the reception of persons seeking international protection, are proposed to each asylum seeker by the French Immigration and Integration Office after the registration of the asylum application by the competent administrative authority, pursuant to this chapter. The material conditions of reception include the benefits and allowances provided for in this chapter.
    "The Office may delegate to legal persons, by agreement, the possibility of providing certain services for the reception, information and social and administrative support of asylum seekers during the period of investigation of their application.
    "The claimant who does not have accommodation, within the meaning of the 1st of Article L. 744-3, nor of a stable home shall have the right to elect domicile from a legal person to that effect for each department, in conditions fixed by decree in the Council of State.


    "Art. L. 744-2.-The national hosting scheme for asylum seekers sets out the distribution of accommodation for asylum seekers in the national territory. He was arrested by the Minister for Asylum, after the advice of the Ministers for Housing and Social Affairs. It is transmitted to Parliament.
    "A regional scheme is established by the representative of the State in the region, following the advice of the regional committee on the habitat and accommodation concerned and in accordance with the national hosting scheme for asylum seekers. It sets out the guidelines for the distribution of accommodation for asylum seekers in the territory of the region and outlines the regional arrangements for the registration of applications and the monitoring and support of asylum seekers. It takes into account the departmental plan of action for the housing and accommodation of disadvantaged persons and is annexed to it, pursuant to the third paragraph of Article 2 of Act No. 90-449 of 31 May 1990 to implement the right to housing.
    "Without prejudice to the requested financial participation of asylum seekers on the basis of their resources, the costs of hosting and accommodation in accommodation for asylum seekers are borne by the State.


    "Art. L. 744-3.-The decisions for admission to a place of accommodation for asylum seekers, leaving this place and changing the place are taken by the French Immigration and Integration Board, after consultation with the Director of the place of accommodation, on the basis of the national scheme of reception of asylum seekers and, where applicable, the regional schema provided for in section L. 744-2 and taking into account the situation.
    "There are places of accommodation for asylum seekers:
    « 1° The reception centres for asylum seekers mentioned at theArticle L. 348-1 of the Code of Social Action and Families ;
    « 2° Any structure with funding from the Ministry of Asylum for the reception of asylum seekers and subject to declaration, within the meaning of Article L. 322-1 of the same Code.
    "The asylum seekers in the accommodations mentioned in 1° and 2° of this article are provided with social and administrative support.
    "The representative of the State in the department may object for public reasons to the decision to admit a claimant in a place of accommodation. In this case, the Office is required to make a new admission decision. The Office ensures that the persons who have been referred to them for the duration of the procedure are present in the accommodation facilities.


    "Art. L. 744-4.-In the context of his mission of receiving asylum seekers defined at theArticle L. 5223-1 of the Labour Code, the French Immigration and Integration Board coordinates the management of accommodation in the accommodation areas referred to in section L. 744-3 of this Code.
    "To this end, it designs, implements and manages, under the conditions provided by the Act No. 78-17 of 6 January 1978 related to information technology, files and freedoms, automated data processing on the capacity of the accommodation, the use of these capacities and asylum seekers who are welcomed.
    "The legal persons responsible for the management of accommodation facilities referred to in Article L. 744-3 are required to report to the Office, as part of the automated data processing, the places available in the accommodation premises. These legal persons are required to notify the competent administrative authority in the event of unjustified and prolonged absence of persons who have been referred to it for the duration of the proceedings and in the event of violent behaviour or serious breach of the settlement of the place of accommodation.


    "Art. L. 744-5.-The accommodation places referred to in Article L. 744-3 shall accommodate asylum seekers during the period of investigation of their asylum application or until their effective transfer to another European State. This mission shall terminate the expiry of the period of appeal against the decision of the French Agency for the Protection of Refugees and Stateless Persons or the date of notification of the decision of the National Court of the Right of Asylum or the date of effective transfer to another State, if its application falls within the jurisdiction of that State.
    "The legal persons who manage the place of accommodation may require the payment of a deposit under conditions defined by order. The amount of the deposit shall be returned at the outset of the accommodation, deducted if any of the amounts due by the beneficiary under the accommodation.
    "A decree in the Council of State determines the conditions under which persons who have been recognized as refugees or granted the benefit of subsidiary protection and persons who have been the subject of a final decision of rejection may be held in a place of accommodation referred to in the same article L. 744-3 on an exceptional and temporary basis.
    "When, after a final decision of release, the retention period in a place of accommodation referred to in Article L. 744-3 is terminated, the competent administrative authority may, after a stay of unsuccessful, request that it be ordered to the occupant without a title to evacuate that place.
    "The fourth paragraph of this section is applicable to persons with violent behaviour or serious breaches of the settlement of the place of accommodation.
    "The application is brought before the President of the Administrative Court, who decides on the basis of theArticle L. 521-3 of the Administrative Justice Code and whose order is immediately enforceable.


    “Section 2
    « Needs assessment


    "Art. L. 744-6.- Following the submission of an asylum application, the French Immigration and Integration Agency is responsible for conducting, within a reasonable period of time and after a personal interview with the claimant, an assessment of the applicant's vulnerability to determine, where appropriate, its special hospitality needs. These special needs are also taken into account if they become manifest at a later stage of the asylum procedure. In the implementation of the rights of asylum seekers and throughout the reporting period of their application, the specific situation of vulnerable persons is taken into account.
    "The assessment of vulnerability is, in particular, aimed at identifying minors, unaccompanied minors, persons with disabilities, the elderly, pregnant women, isolated parents accompanied by minor children, victims of trafficking in human beings, persons with severe diseases, persons with mental disorders and persons who have suffered torture, rape or other serious forms of psychological, physical or sexual abuse,
    "The assessment of the applicant's vulnerability is carried out by officers of the French Immigration and Integration Board who have received specific training for this purpose.
    "When interviewing, the applicant is informed of the opportunity to benefit from the free health examination provided for in the interviewArticle L. 321-3 of the Social Security Code.
    "The information attesting to a particular situation of vulnerability shall be transmitted, after agreement of the claimant, by the French Immigration and Integration Office to the French Refugee and Stateless Protection Agency. The assessment of the vulnerability by the French Immigration and Integration Office does not prejudge the assessment by the French Refugee and Stateless Protection Agency of the applicant's vulnerability under section L. 723-3 or the merits of his application.
    "This information can be processed automatically, under the conditions set by the Act No. 78-17 of 6 January 1978 related to computing, files and freedoms.
    "A decree in the Council of State sets out the modalities for the application of this article. This decree is taken after the advice of the National Commission on Informatics and Freedoms as it specifies the modalities for the transmission to the French Office for the Protection of Refugees and Stateless Persons of data relating to the particular vulnerability and needs of asylum seekers, the retention period and the conditions for the updating of the recorded information, the categories of persons who can access it and the means of enabling them, as well as, where applicable, the conditions for which persons may exercise their right


    “Section 3
    “Guidelines of applicants


    "Art. L. 744-7.-The benefit of the material conditions of reception, defined at theArticle L. 348-1 of the Code of Social Action and Families and section L. 744-1 of this Code, is subject to the acceptance by the claimant of the proposed accommodation, determined taking into account its needs, its situation with respect to the assessment provided for in section L. 744-6 and the available accommodation capacity.
    "The applicant is previously informed, in a language that the applicant understands or reasonably understands, of the consequences of the acceptance or refusal of the proposed accommodation.
    "Without prejudice to theArticle L. 345-2 of the Code of Social Action and Families, in the event of refusal or abandonment of the accommodation proposed under the first paragraph of this article, the claimant may not be accommodated in an establishment referred to in 8° of I of Article L. 312-1 of the same code and in Article L. 322-1 of the said code or benefit from the application of theArticle L. 300-1 of the Construction and Housing Code.
    "After the advice of the National Commission on Informatics and Freedoms, a decree in the Council of State determines the information that must be provided by the French Immigration and Integration Office to the integrated reception and guidance service for the implementation of the third paragraph of this article.


    "Art. L. 744-8.-The benefit of the material conditions of reception may be:
    « 1° Suspended if, without legitimate grounds, the claimant abandoned its place of accommodation determined under section L. 744-7, failed to comply with the requirement to submit to the authorities, failed to respond to requests for information or did not go to personal interviews with respect to the asylum procedure;
    « 2° Withdrawal if the claimant has concealed its financial resources or provided false information relating to his or her family situation or in the event of violent behaviour or serious breach of the settlement of the place of accommodation;
    « 3° Refused if the applicant submits an application for a review of his asylum application or has not sought asylum, without legitimate grounds, within the time limit set out in the 3rd of Article L. 723-2.
    "The decision to suspend, withdraw or refuse material conditions of reception is written and motivated. It takes into account the applicant's vulnerability.
    "The decision is made after the individual has been put in a position to present his written comments within the time constraints of this Response.
    "When the benefit of the material conditions of reception has been suspended, the asylum seeker may apply for the recovery to the French Immigration and Integration Office.


    “Section 4
    "Apartment for asylum seekers


    "Art. L. 744-9.-The claimant who has accepted the proposed material conditions of accommodation under section L. 744-1 shall be entitled to an allowance for asylum-seeker if the claimant meets age and resource requirements. The French Immigration and Integration Office orders its payment pending the final decision granting or refusing protection under the asylum or until it is transferred to another State responsible for the examination of its asylum application.
    "The payment of the allowance shall end at the end of the month following that of the notification of the final decision on that application. Its amount is revised, if any, once a year, depending on the change in prices, excluding tobacco, provided for in the economic, social and financial report annexed to the year's financial bill.
    "The asylum seekers' allowance is incessant and elusive. For its refund, in the event of undue payment, the French Immigration and Integration Board may make deductions on future maturity due in any way. The amount of deductions may not exceed a limit, determined on a regulatory basis, except in the event of a full refund of the debt in a single payment if the beneficiary opts for that solution.
    "The blockages of current deposit accounts or advances may not have the effect of hindering the unsecurability of the allocation.
    "A decree defines the scale of the allowance for asylum seekers, taking into account the resources of the person concerned, his mode of accommodation and, if applicable, the benefits offered by his place of accommodation. The asylum-seeking allowance scale takes into account the number of adults and children who make up the claimant's family and accompany the claimant.
    "This decree also specifies the terms and conditions for the payment of the grant for asylum seekers.


    "Art. L. 744-10.-Also benefit from the allowance referred to in section L. 744-9 for a specified period of time, if they meet age and resource requirements:
    « 1° Foreign nationals who are granted temporary protection under the conditions set out in Book VIII I;
    « 2° Foreign nationals to whom a temporary residence permit has been issued pursuant to Article L. 316-1.


    “Section 5
    “Access to the labour market


    "Art. L. 744-11.-Access to the labour market may be allowed to the claimant when the French Refugee and Stateless Protection Agency, for reasons not attributable to the claimant, has not ruled on the asylum application within nine months of the application being filed. In this case, the claimant is subject to the common law rules applicable to foreign workers for the issuance of a work authorization.
    "The claimant who enters the labour market, under the conditions set out in the first paragraph of this article, shall be entitled to the continuing professional training activities provided for in theArticle L. 6313-1 of the Labour Code. »

    Article 24 Learn more about this article...


    The code of social action and families is thus modified:
    1° After the words: "social reintegration", the end of the 2nd of Article L. 111-2 is deleted;
    2° In the first paragraph of Article L. 111-3-1, the words "and reception centres for asylum seekers" are deleted;
    3° The 10th of Article L. 121-7 is repealed;
    4° In article L. 121-13, the reference: "L. 341-9" is replaced by the reference: "L. 5223-1";
    5° In the first paragraph of Article L. 264-10, the words: "their admission to stay under" are deleted;
    6° After Article L. 312-8, an article L. 312-8-1 is inserted as follows:


    "Art. L. 312-8-1.-By derogation from the first paragraph of Article L. 312-8 of this Code, the reception centres for asylum seekers referred to in Article L. 744-3 of the Code of Entry and Residence of Aliens and the Right of Asylum shall communicate the results of at least one internal assessment within a period specified by decree. » ;


    7° The second sentence of the second paragraph of Article L. 313-1-1 is supplemented by the words: "or with regard to asylum seekers' reception centres";
    8° Section L. 313-9 is amended as follows:
    (a) The 5th is repealed;
    (b) In the second sentence of the seventh paragraph, the reference: "5°" is replaced by the reference: "4°";
    9° Article L. 348-1 is as follows:


    "Art. L. 348-1.- Persons whose application for asylum has been registered in accordance with theArticle L. 741-1 of the Code of Entry and Residence of Aliens and the Right of Asylum may be accommodated in a reception centre for asylum seekers, with the exception of persons whose application for asylum falls within the meaning of Article L. 742-1 of the same code. » ;


    10° Article L. 348-2 reads as follows:
    "I.-Reception centres for asylum seekers are responsible for ensuring the reception, accommodation and social and administrative support of persons whose application for asylum has been registered, for the duration of the instruction of this application. » ;
    11° Section L. 348-3 is repealed;
    12° The first paragraph of Article L. 348-4 is as follows:
    "The State concludes a convention with the asylum seekers' reception centre or a multi-year contract of objectives and means with the legal person in charge of this centre. » ;
    13° The 1st and III of Article L. 541-1 are repealed;
    14° 3° of Article L. 541-2 is repealed;
    15° The IX of section L. 543-1 is repealed.

    Rule 25 Learn more about this article...


    The 4th of Article L. 302-5 of the Construction and Housing Code is thus amended:
    1° In the first sentence, the words: "subject to Article L. 345-1" are replaced by the words: "and reception centres for asylum seekers mentioned, respectively, in Articles L. 345-1 and L. 348-1";
    2° In the second sentence, after the word "social", the words are inserted: "and reception centres for asylum seekers".

    Rule 26 Learn more about this article...


    I. - Article L. 411-10 of the same code is amended as follows:
    1° The first paragraph is amended to read:
    (a) The second sentence is supplemented by the words: "or, in the case of housing homes, housing and social reintegration centres and reception centres for asylum seekers, by managers";
    (b) At the end of the last sentence, the words: "by the donors" are replaced by the words: " respectively by the donors and, in the case of housing homes, shelters and social reintegration and reception centres for asylum seekers, by the managers";
    2° After the eighth preambular paragraph, a sub-item reads as follows:
    "The dwellings concerned are self-contained dwellings in individual or collective dwellings, housing housing units defined in Article L. 633-1, and housing units of shelters and social reintegration and shelters for asylum seekers mentioned, respectively, in the articles L. 345-1 and L. 348-1 the code of social action and families. »
    II. - I comes into force on January 1, 2018 for homeowners of more than 10,000 housing units, housing and social reintegration centres or reception centres for asylum seekers on January 1, 2017, and January 1, 2019 for other donors.

    Rule 27 Learn more about this article...


    The fifth part of the Labour Code is amended:
    1° Section L. 5223-1 is amended as follows:
    (a) 2° is supplemented by the words: "and the management of the asylum seekers' allowance referred to in Article L. 744-9 of the Code of Entry and Residence of Aliens and the Right of Asylum";
    (b) It is added a paragraph to read:
    "The Board of Directors of the French Immigration and Integration Board de-liberates on the annual report of activity presented by the Director General, which includes quantitative and qualitative data by sex as well as data on the training actions of agents, in particular on the consideration of gender and vulnerability issues in the reception of asylum seekers. » ;
    2° After the 1° of the article L. 5223-3, it is inserted a 1° bis as follows:
    "1° bis From two parliamentarians, appointed one by the National Assembly and the other by the Senate; » ;
    3° The 1°, 1° bis, 2° and 4° of Article L. 5423-8 are repealed;
    4° The 3rd of Article L. 5423-9 is repealed;
    5° Article L. 5423-11 is as follows:


    "Art. L. 5423-11. - The temporary waiting allowance is paid monthly, late. »

  • Chapter VI: Provisions relating to the content of protection Rule 28 Learn more about this article...


    The Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
    1° Article L. 313-13 is as follows:


    "Art. L. 313-13.-Unless their presence constitutes a threat to public order, the temporary residence permit referred to in Article L. 313-11 shall be issued in full right:
    « 1° A foreigner who has obtained the benefit of subsidiary protection under Article L. 712-1;
    « 2° To his spouse, his partner with whom he is bound by a civil union or his concubin, if he has been allowed to stay in France under the conditions provided for in Article L. 752-1;
    « 3° A spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if marriage or civil union is after the date of introduction of his asylum application, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    « 4° To his children in the year following their eighteenth birthday or entering the forecast of Article L. 311-3;
    « 5° To its direct ascendants to the first degree if the foreigner who has obtained the benefit of protection is a non-married minor.
    "Without prejudice to the third paragraph of Article L. 752-1, the requirement under Article L. 311-7 is not required.
    "The deadline for the issuance of a temporary residence permit after the decision to grant subsidiary protection by the French Refugee and Stateless Protection Agency or the National Court of the Right of Asylum is set by decree in the Council of State.
    "By derogation from sections L. 311-2 and L. 313-1, the card issued under this section is renewable under the same conditions for a period of two years. It gives the right to a professional activity. » ;


    2° In the first sentence of Article L. 314-7-1, the reference: "of the second paragraph" is deleted;
    3° The 8th of Article L. 314-11 is thus written:
    « 8° Abroad recognized as a refugee under Book VII and:
    “(a) His spouse, his partner with whom he is bound by a civil union or his concubin, if he has been allowed to stay in France under the conditions provided for in article L. 752-1;
    “(b) His spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if the marriage or civil union is later than the date of his application for asylum, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    "(c) His children in the year following their eighteenth birthday or entering the forecast of Article L. 311-3;
    "(d) Its direct ascendants to the first degree if the foreigner who has obtained the benefit of protection is a non-married minor.
    "The deadline for the issuance of the resident card after the decision to recognize the refugee status by the French Refugee and Stateless Protection Agency or the National Court of the Right of Asylum is set by decree in the Council of State. » ;
    4° Section 1 of chapter I of Book III title I is supplemented by an article L. 311-8-1 as follows:


    "Art. L. 311-8-1.-Where the refugee status or subsidiary protection is terminated by a final decision of the French Refugee and Stateless Protection Agency or by a court order or where the foreigner waives the refugee status or subsidiary protection, the resident card referred to in Article L. 314-11 or the temporary residence card referred to in Article L. 313-13 is withdrawn.
    "In the cases provided for in the first paragraph of this article, the administrative authority shall, within a time limit fixed by decree in the Council of State, decide on the right to stay of the persons concerned in another title.
    "The resident card or temporary residence card cannot be withdrawn under the same first paragraph when the foreigner has been in a regular situation for at least five years. » ;


    5° In the last paragraph of Article L. 314-8-2, after the word "spouse", the words "the partner with whom he is bound by a civil union, his concubine" are inserted;
    6° Chapter I of Book V title I is supplemented by an article L. 511-5 as follows:


    "Art. L. 511-5.-In the event of recognition of the refugee status or granting of subsidiary protection, the administrative authority shall repeal the obligation to leave the French territory which, if any, has been taken. It shall promptly issue to the refugee the resident card provided for in Article L. 314-11 and to the beneficiary of the subsidiary protection the temporary residence permit provided for in Article L. 313-13. »

    Rule 29 Learn more about this article...


    The title V of Book VII of the same code is as follows:


    « Title V
    “Consideration of the AGREED PROTECTION


    “Chapter I
    “Information and access to rights


    "Art. L. 751-1.-A foreign national who has been granted refugee status or subsidiary protection under this book VII and has signed the hospitality and integration contract provided for in Article L. 311-9 shall be provided with personalized support for access to employment and housing.
    "For this purpose, the administrative authority concludes with the territorial authorities and other legal persons concerned or wishing to participate in this accompaniment a convention providing for the organization of the latter.


    "Art. L. 751-2.-In implementing the rights granted to refugees and beneficiaries of subsidiary protection, the specific situation of vulnerable persons with special needs is taken into account.


    “Chapter II
    "Family reunification and best interests of the child


    "Art. L. 752-1.-I.-Except if its presence constitutes a threat to public order, the foreign national who has been recognized as a refugee or who has obtained the benefit of subsidiary protection may apply for the right to be joined as a family reunification:
    « 1° By his spouse or partner with whom he is bound by a civil union, at least eighteen years of age, if the marriage or civil union is prior to the date of his application for asylum;
    « 2° By his concubin, at least eighteen years old, with which he had, before the date of his application for asylum, a common life that was sufficiently stable and continuous;
    « 3° By unmarried children of the couple, who are at least nineteen years of age.
    "If the refugee or the beneficiary of subsidiary protection is a unmarried minor, he may apply for his right to be joined by his or her direct ascendants in the first degree.
    "The age of children is appreciated when the application for family reunification was introduced.
    "II.-Articles L. 411-2 to L. 411-4 and the first paragraph of Article L. 411-7 shall apply.
    "Family reunification is not subject to preconditions for regular stay, resources or housing.
    "The members of the family of a refugee or a beneficiary of subsidiary protection seek, in order to enter France, an entry visa for a stay of more than three months with the diplomatic and consular authorities, who decide on the application as soon as possible.
    "For the purposes of the third paragraph of this II, they shall produce the acts of the civil status justifying their identity and family ties with the refugee or beneficiary of subsidiary protection. In the absence of a civil status act or in case of doubt about their authenticity, the elements of state possession defined in theArticle 311-1 of the Civil Code and documents prepared or authenticated by the French Agency for the Protection of Refugees and Stateless Persons, on the basis of section L. 721-3 of this Code, may justify the family situation and identity of the applicants. The elements of state possession are believed to the contrary. The documents established by the Office are authentic until false.
    "Family reunification can only be refused if the applicant does not comply with the essential principles that, in accordance with the laws of the Republic, govern family life in France, host country.
    "It is excluded from family reunification a member of the family whose presence in France would constitute a threat to public order or when it is established that he is instigator, author or accomplice of serious persecutions and abuses that justified the granting of protection under the asylum.


    "Art. L. 752-2.- Where protection under asylum is granted to an unaccompanied minor, steps are taken as soon as possible to ensure his or her legal representation. In all decisions concerning him, including in relation to the placement and research of his or her family members, he or she shall take into account his or her best interests, his or her special needs and his or her opinion, depending on his or her age and maturity.
    "If the search for family members has not begun, it is done as soon as possible. In the event that the life or physical integrity of the minor or his or her close relatives in the country of origin would be threatened, this research is conducted in a confidential manner.


    "Art. L. 752-3.-When protection for asylum has been granted to a minor invoking a risk of sexual mutilation, the French Refugee and Stateless Protection Agency, as long as that risk exists and as long as the person concerned is a minor, asks him to undergo a medical examination to determine the absence of mutilation. The Office shall transmit to the Public Prosecutor any refusal to submit to this examination or any finding of mutilation.
    "No evidence of sexual mutilation can lead to the cessation of the protection granted to the minor under asylum alone. Such protection may not be terminated at the request of the parents or holders of parental authority as long as the risk of sexual mutilation exists.
    "The Office must observe a minimum period of three years between two examinations, unless there are real and serious grounds for believing that a sexual mutilation was actually practised or could be practised.
    "A joint decision of the Ministers responsible for asylum and health, taken after the advice of the Director General of the Office, defines the terms and conditions for the application of this section and, in particular, the categories of doctors who may practise the examination referred to in the first paragraph.


    “Chapter III
    “Travel documents


    "Art. L. 753-1.-A unless there are compelling reasons for national security or public order, the foreigner who has a valid residence permit to which the refugee status has been recognized pursuant to section L. 711-1 and who is still under the protection of the French Refugee Protection Agency and stateless persons may be issued a travel document known as “French travel title for refugee”. This title allows the licensee to request access to all States, excluding that or those with respect to which its fears of persecution have been recognized as being founded under the same article L. 711-1.


    "Art. L. 753-2.-A unless there are compelling reasons for national security or public order, the foreigner who holds a valid residence permit to which the benefit of the subsidiary protection has been granted pursuant to Article L. 712-1, which is still under the protection of the Office, may be issued a travel document referred to as “ identity and travel title” authorizing him to travel outside France. This title allows the licensee to request to travel to all States, excluding that or those in which it is established that it is exposed to one of the serious violations listed in the same article L. 712-1.


    "Art. L. 753-3.-A unless there are compelling reasons for national security or public order, the minor foreign child of the refugee or the beneficiary of subsidiary protection, present in French territory, who cannot be protected under asylum may be issued the travel document provided for in Article L. 753-2.


    "Art. L. 753-4.-The validity of travel documents issued to foreigners pursuant to articles L. 753-1 and L. 753-2 shall be fixed to IV of Article 953 of the General Tax Code.


    "Art. L. 753-5.-The travel document referred to in sections L. 753-1, L. 753-2 or L. 753-3 may be withdrawn or renewed when it appears, after its issuance, that compelling reasons of national security or public order justify it. »

    Rule 30 Learn more about this article...


    Article L. 211-2 of the same code is amended as follows:
    1° The 4th is supplemented by the words: " or family reunification";
    2° At 7°, the references: ", 7° and 8°" are replaced by the reference: "and 7°".

  • Chapter VII: Provisions relating to the integration of refugees Rule 31 Learn more about this article...


    The code of social action and families is thus modified:
    1° Title IV of Book III is supplemented by a chapter IX as follows:


    “Chapter IX
    « Temporary accommodation centres


    "Art. L. 349-1.-For foreigners who have been recognized as a refugee or granted the benefit of subsidiary protection pursuant to Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum may be accommodated in a temporary shelter.


    "Art. L. 349-2.-I.-The purpose of the temporary shelters is to ensure the reception, accommodation and the linguistic, social, professional and legal support of the people they host for their integration.
    "II.-The temporary shelters coordinate the integration of foreigners who have been recognized as refugees or granted the benefit of subsidiary protection under Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum present in the department.
    "III.-To ensure the integration of the public they accompany, the temporary shelters conclude conventions with the actors of integration.


    "Art. L. 349-3.-I.-The decisions of admission to a temporary accommodation, exit of this centre and change of centre are taken by the French Immigration and Integration Board, after consultation with the Director of the Centre. To this end, places in temporary shelters are integrated into the automated data processing referred to in Article L. 744-4 of the Code of Entry and Residence of Aliens and the Right of Asylum.
    "II.-Accepted persons participate in their accommodation, restoration and maintenance costs in proportion to their resources.
    "III.-The conditions for the operation and financing of the temporary shelters are fixed by decree in the Council of State.


    "Art. L. 349-4.-The State concludes a convention with the temporary accommodation centre or a multi-year contract of objectives and means with the legal person in charge of this centre.
    "This convention must be in conformity with a model convention whose stipulations are determined by decree and include the objectives, means, activities and procedures for the control of a temporary shelter. » ;


    2° The second sentence of the first paragraph of Article L. 345-1 is supplemented by the words "defined in Chapter IX of Title IV of Book III of this Code".

  • Chapter VIII: Overseas Provisions Rule 32 Learn more about this article...


    I. - Article L. 111-11 of the Code of Entry and Residence of Aliens and the Right of Asylum is amended as follows:
    1° At the beginning of the first paragraph, the mention is added: "I. -";
    2° It is added a II as follows:
    “II. - An asylum observatory assesses the application of asylum policy in overseas departments and communities and in New Caledonia.
    "This observatory forwards a report to Parliament before October 1 of each year.
    "This observatory includes a representative of the Minister of the Interior, the Minister for Asylum, the Minister for Overseas, the Minister for Budget, the French Refugee and Stateless Protection Office, the French Immigration and Integration Office, and three members and three senators, appointed by their respective Assembly. »
    II. - Title VI of Book VII of the same Code is amended as follows:
    1° The title is thus written: "Foreign Overseas Provisions";
    2° An article L. 761-1 is reinstated as follows:


    "Art. L. 761-1. - For the purposes of this book in Mayotte:
    « 1° The 1st of the III of Article L. 723-2 is not applicable;
    « 2° In the first paragraph of Article L. 741-1, the words: “and proceed to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and of the Council, of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for the examination of an application for international protection introduced in one of the Member States by a third country national or a stateless person” are not applicable;
    « 3° Chapter II of Title IV is not applicable;
    « 4° The 1st of Article L. 744-3 is not applicable;
    « 5° Article L. 744-9 is as follows:


    “Art. L. 744-9. - The claimant whose application is registered in Mayotte may be accommodated in a structure mentioned in the 2nd of Article L. 744-3 and material aids.”


    3° Article L. 762-1 is as follows:


    "Art. L. 762-1. - This book is applicable in the Wallis and Futuna Islands in its writing resulting from the Act No. 2015-925 of 29 July 2015 relating to the reform of the right of asylum and subject to the following modifications:
    « 1° In the last paragraph of Article L. 712-2, the words “in France” are replaced twice by the words “in the territory of the Republic” ;
    « 2° Article L. 723-2:
    “(a) At the 1st of the II, at the 2nd of the III and, twice, at the 3rd of the same III, the words “in France” are replaced by the words “in the Wallis and Futuna Islands”;
    “(b) The 1st of the III is not applicable;
    "(c) At the 5th of the III, the words “in France” are replaced by the words “in the territory of the Republic” ;
    « 3° Article L. 723-3:
    “(a) In the second paragraph, the words: “information on the vulnerability transmitted to it under article L. 744-6 and” are deleted;
    “(b) In the third paragraph, the words: “as having special reception needs under the same article L. 744-6 or” are deleted;
    « 4° Article L. 741-1:
    “(a) In the first paragraph, the words: “on French territory” are replaced by the words: “in the Wallis and Futuna Islands” and the words: “and proceeds to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and the Council, of 26 June 2013, establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application for international protection introduced in one of the Member States
    “(b) At the end of the first sentence of the penultimate paragraph, the words: “submitted to article L. 211-1” are replaced by the words: “required by theOrder No. 2000-371 of 26 April 2000 relating to the conditions for the entry and residence of foreigners in the Wallis and Futuna Islands;
    « 5° Article L. 741-3:
    “(a) In the first sentence of the first paragraph, the words “on French territory” are replaced by the words “in the Wallis and Futuna Islands”;
    “(b) The last paragraph is deleted;
    « 6° Chapter II of Title IV is not applicable;
    « 7° In the first sentence of Article L. 743-1, the words: “on French territory” are replaced by the words: “in the Wallis and Futuna Islands”;
    « 8° In the first paragraph and at the end of the second sentence of the 3rd of Article L. 743-2, the words: “on French territory” are replaced by the words: “in the Wallis and Futuna Islands”;
    « 9° In article L. 743-3, the words: “on French territory” are replaced by the words: “in the Wallis and Futuna Islands” and the second occurrence of the words: “French territory” is replaced by the words “the Wallis and Futuna Islands”;
    « 10° In Article L. 743-4, the reference: “Articles L. 556-1 and” is replaced by the words “of the article” and the reference: “of the book V” is replaced by the reference: “of the article”Order No. 2000-371 of 26 April 2000 relating to the conditions for the entry and residence of foreigners in the Wallis and Futuna Islands;
    « 11° Chapter IV of Title IV is not applicable;
    « 12° In the first paragraph of Article L. 751-1, the reference: “L. 311-9” is replaced by the reference: “6-3 ofOrder No. 2000-371 of 26 April 2000 relating to the conditions for the entry and residence of foreigners in the Wallis and Futuna Islands;
    "13° Au II de l'article L. 752-1 :
    “(a) The first paragraph is as follows:


    “The last two sentences of the first paragraph and the last paragraph of the I of Article 42 and thearticle 43 of Order No. 2000-371 of 26 April 2000 relative to the conditions of entry and residence of foreigners in the Wallis and Futuna Islands are applicable.”
    “(b) In the last two paragraphs, the words “in France” are replaced by the words “in the Wallis and Futuna Islands”. » ;
    4° Article L. 763-1 is as follows:


    "Art. L. 763-1. - This book is applicable in French Polynesia in its writing resulting from Act No. 2015-925 of 29 July 2015 relating to the reform of the right of asylum and subject to the following modifications:
    « 1° In the last paragraph of Article L. 712-2, the words “in France” are replaced twice by the words “in the territory of the Republic” ;
    « 2° Article L. 723-2:
    “(a) At the 1st of the II, at the 2nd of the III and, twice, at the 3rd of the same III, the word “France” is replaced by the words “French poetry”;
    “(b) The 1st of the III is not applicable;
    "(c) At the 5th of the III, the words “in France” are replaced by the words “in the territory of the Republic” ;
    « 3° Article L. 723-3:
    “(a) In the second paragraph, the words: “information on the vulnerability transmitted to it under article L. 744-6 and” are deleted;
    “(b) In the third paragraph, the words: “as having special reception needs under the same article L. 744-6 or” are deleted;
    « 4° Article L. 741-1:
    “(a) In the first paragraph, the words: “on French territory” are replaced by the words: “in French Polynesia” and the words: “and proceeds to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and the Council, of 26 June 2013, establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application for international protection introduced in one of the Member States by a national
    “(b) At the end of the first sentence of the penultimate paragraph, the words: “submitted to article L. 211-1” are replaced by the words: “required by theOrder No. 2000-372 of 26 April 2000 relative aux conditions d’entrée et de séjour des étrangers en Polynésie français” ;
    « 5° Article L. 741-3:
    “(a) In the first sentence of the first paragraph, the words “on French territory” are replaced by the words “in French Polynesia” ;
    “(b) The last paragraph is deleted;
    « 6° Chapter II of Title IV is not applicable;
    « 7° At the first sentence of Article L. 743-1, the words “on French territory” are replaced by the words “in French Polynesia” ;
    « 8° In the first paragraph and at the end of the second sentence of the 3rd of Article L. 743-2, the words “on French territory” are replaced by the words “in French Polynesia” ;
    « 9° In article L. 743-3, the words: “on French territory” are replaced by the words: “in French Polynesia” and the second occurrence of the words: “French territory” is replaced by the words: “French Polynesia” ;
    « 10° In Article L. 743-4, the reference: “Articles L. 556-1 and” is replaced by the words “of the article” and the reference: “of the book V” is replaced by the reference: “of the article”Order No. 2000-372 of 26 April 2000 relative aux conditions d'entrée et de séjour des étrangers en Polynésie français ;
    « 11° Chapter IV of Title IV is not applicable;
    « 12° In the first paragraph of Article L. 751-1, the reference: “L. 311-9” is replaced by the reference: “6-3 ofOrder No. 2000-372 of 26 April 2000 relative aux conditions d’entrée et de séjour des étrangers en Polynésie français” ;
    "13° Au II de l'article L. 752-1 :
    “(a) The first paragraph is as follows:


    "The last two sentences of the first paragraph and the last paragraph of the I of Article 44 andarticle 45 of Order No. 2000-372 of 26 April 2000 relative to the conditions of entry and residence of foreigners in French Polynesia are applicable.”;
    “(b) In the last two paragraphs of II, the word “France” is replaced by the words “French poetry”;
    5° Article L. 764-1 is as follows:


    "Art. L. 764-1. - This book is applicable in New Caledonia in its writing resulting from Act No. 2015-925 of 29 July 2015 relating to the reform of the right of asylum and subject to the following modifications:
    « 1° In the last paragraph of Article L. 712-2, the words “in France” are replaced twice by the words “in the territory of the Republic” ;
    « 2° Article L. 723-2:
    “(a) At 1° of II, at 2° of III and, twice, at 3° of the same III, the word “France” is replaced by the word “New Caledonia”;
    “(b) The 1st of the III is not applicable;
    "(c) At the 5th of the III, the words “in France” are replaced by the words “in the territory of the Republic” ;
    « 3° Article L. 723-3:
    “(a) In the second paragraph, the words: “information on the vulnerability transmitted to it under article L. 744-6 and” are deleted;
    “(b) In the third paragraph, the words: “as having special reception needs under the same article L. 744-6 or” are deleted;
    « 4° Article L. 741-1:
    “(a) In the first paragraph, the words: “on French territory” are replaced by the words: “in New Caledonia” and the words: “and proceeds to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and the Council, of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for the examination of an application for international protection introduced in one of the Member States
    “(b) At the end of the first sentence of the penultimate paragraph, the words: “submitted to article L. 211-1” are replaced by the words: “required by theOrder No. 2002-388 of 20 March 2002 relative aux conditions d’entrée et de séjour des étrangers en Nouvelle-Calédonie” ;
    « 5° Article L. 741-3:
    “(a) In the first sentence of the first paragraph, the words “on French territory” are replaced by the words “in New Caledonia”;
    “(b) The last paragraph is deleted;
    « 6° Chapter II of Title IV is not applicable;
    « 7° At the first sentence of Article L. 743-1, the words “on French territory” are replaced by the words “in New Caledonia”;
    « 8° In the first paragraph and at the end of the second sentence of the 3rd of Article L. 743-2, the words: “on French territory” are replaced by the words: “in New Caledonia”;
    « 9° In article L. 743-3, the words: “on French territory” are replaced by the words: “in New Caledonia” and the second occurrence of the words: “French territory” is replaced by the words: “New Caledonia”;
    « 10° In article L. 743-4, the reference: “articles L. 556-1 and” is replaced by the words: “of the article” and the reference: “of book V” is replaced by the reference: “of the article”Order No. 2002-388 of 20 March 2002 relative aux conditions d’entrée et de séjour des étrangers en Nouvelle-Calédonie” ;
    « 11° Chapter IV of Title IV is not applicable;
    « 12° In the first paragraph of Article L. 751-1, the reference: “L. 311-9” is replaced by the reference: “6-3 ofOrder No. 2002-388 of 20 March 2002 relative aux conditions d’entrée et de séjour des étrangers en Nouvelle-Calédonie” ;
    "13° Au II de l'article L. 752-1 :
    “(a) The first paragraph is as follows:


    "The last two sentences of the first paragraph and the last paragraph of the I of Article 44 andarticle 45 of Order No. 2002-388 of 20 March 2002 relative to the conditions of entry and residence of foreigners in New Caledonia are applicable.”
    “(b) In the last two paragraphs of II, the word “France” is replaced by the word “New Caledonia”. » ;
    6° Chapter VI reads as follows:


    “Chapter VI
    « Provisions applicable to Saint-Barthélemy, Saint-Martin and Saint-Pierre-et-Miquelon


    "Art. L. 766-1. - This book is applicable to Saint-Barthélemy in its writing resulting from Act No. 2015-925 of 29 July 2015 relating to the reform of the right of asylum and subject to the following modifications:
    « 1° In the last paragraph of Article L. 712-2, the words “in France” are replaced twice by the words “in the territory of the Republic” ;
    « 2° Article L. 723-2:
    “(a) At the 1st of the II, at the 2nd of the III and, twice, at the 3rd of the same III, the words “in France” are replaced by the words “in Saint-Barthélemy” ;
    “(b) The 1st of the III is not applicable;
    "(c) At the 5th of the III, the words “in France” are replaced by the words “in the territory of the Republic” ;
    « 3° In the first paragraph of Article L. 741-1, the words: “on French territory” are replaced by the words: “in Saint-Barthélemy” and the words: “and proceeds to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and the Council, of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for the examination of a request for international protection introduced
    « 4° In the first sentence of the first paragraph of Article L. 741-3, the word “French” is replaced by the words “of Saint-Barthélemy” ;
    « 5° Chapter II of Title IV is not applicable;
    « 6° Article L. 743-1:
    “(a) In the first sentence, the word “French” is replaced by the words “from Saint-Barthélemy”;
    “(b) It is added a paragraph to read:


    “If the Office decides to hear the applicant outside the community of Saint-Barthélemy, the applicant receives the necessary authorizations.”
    « 7° Article L. 743-2:
    “(a) In the first paragraph, the words “on French territory” are replaced by the words “in Saint-Barthélemy” ;
    “(b) At the end of the second sentence of the 3°, the word “French” is replaced by the words “of Saint-Barthélemy” ;
    « 8° In article L. 743-3, the words: “on French territory” are replaced by the words: “in Saint-Barthélemy” and the second occurrence of the words: “the French territory” is replaced by the word “Saint-Barthélemy”;
    « 9° In the last two paragraphs of Article L. 752-1, the words “in France” are replaced by the words “in Saint-Barthélemy”.


    "Art. L. 766-2. - This book is applicable to Saint-Martin in its writing resulting from Act No. 2015-925 of 29 July 2015 relating to the reform of the right of asylum and subject to the following modifications:
    « 1° In the last paragraph of Article L. 712-2, the words “in France” are replaced twice by the words “in the territory of the Republic” ;
    « 2° Article L. 723-2:
    “(a) At the 1st of the II, at the 2nd of the III and, twice, at the 3rd of the same III, the words “in France” are replaced by the words “in Saint-Martin”;
    “(b) The 1st of the III is not applicable;
    "(c) At the 5th of the III, the words “in France” are replaced by the words “in the territory of the Republic” ;
    « 3° In the first paragraph of Article L. 741-1, the words: “on French territory” are replaced by the words: “in Saint-Martin” and the words: “and proceeds to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and the Council, of 26 June 2013, establishing the criteria and mechanisms of determination of the Member State responsible for the examination of an application for international protection introduced in the Member State
    « 4° At the first sentence of the first paragraph of Article L. 741-3, the word “French” is replaced by the words “of Saint-Martin”;
    « 5° Chapter II of Title IV is not applicable;
    « 6° Article L. 743-1:
    “(a) In the first sentence, the word “French” is replaced by the words “of Saint-Martin”;
    “(b) It is added a paragraph to read:


    "If the office decides to hear the applicant outside of the community of Saint-Martin, it receives the necessary authorizations.
    « 7° Article L. 743-2:
    “(a) In the first paragraph, the words “on French territory” are replaced by the words “in Saint-Martin”;
    “(b) At the end of the second sentence of the 3rd, the word “French” is replaced by the words “of Saint-Martin”;
    « 8° In article L. 743-3, the words: “on French territory” are replaced by the words: “in Saint-Martin” and the second occurrence of the words: “French territory” is replaced by the word “Saint-Martin”;
    « 9° In the last two paragraphs of Article L. 752-1, the words “in France” are replaced by the words “in Saint-Martin”.


    "Art. L. 766-3. - For the purposes of this book in Saint-Pierre-et-Miquelon:
    « 1° The 1st of the III of Article L. 723-2 is not applicable;
    « 2° In the first paragraph of Article L. 741-1, the words: “and proceed to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and of the Council, of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for the examination of an application for international protection introduced in one of the Member States by a third country national or a stateless person” are not applicable;
    « 3° Chapter II of Title IV is not applicable;
    « 4° At the penultimate paragraph of Article L. 752-1, the words “in France” are replaced by the words “in Saint-Pierre-et-Miquelon”. » ;


    7° It is added a chapter VII to read as follows:


    “Chapter VII
    "Special provisions in Guadeloupe, Guyana, Martinique and La Réunion


    "Art. L. 767-1. - For the purposes of this book in Guadeloupe, Guyana, Martinique and La Réunion:
    « 1° The 1st of the III of Article L. 723-2 is not applicable;
    « 2° In the first paragraph of Article L. 741-1, the words: “and proceed to the determination of the responsible State pursuant to Regulation (EU) No 604/2013 of the European Parliament and of the Council, of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for the examination of an application for international protection introduced in one of the Member States by a third country national or a stateless person” are not applicable;
    « 3° Chapter II of Title IV is not applicable. »

    Rule 33 Learn more about this article...


    I. - Order No. 2000-371 of 26 April 2000 on the conditions of entry and residence of foreigners in the Wallis and Futuna Islands is amended as follows:
    1° Section 6-7 is amended as follows:
    (a) In the first sentence of the first paragraph, the words: "a receipt of a asylum application" are replaced by the words: "a certificate of asylum application";
    (b) In the last paragraph, after the word "refugee", the words "or grant the benefit of subsidiary protection" are inserted and the words: "a receipt of asylum" are replaced by the words: "a certificate of asylum";
    2° After article 13-1, an article 13-2 is inserted as follows:


    "Art. 13-2. - When the refugee status or subsidiary protection is terminated by a final decision of the French Agency for the Protection of Refugees and Stateless Persons or by a court order, or where the foreigner waives the status or benefit, the resident card referred to in Article 20 or the temporary residence card referred to in Article 17 is withdrawn.
    "In the cases provided for in the first paragraph of this article, the administrative authority shall, within a time limit fixed by decree in the Council of State, decide on the right to stay of the persons concerned in another title.
    "The resident card or temporary residence card cannot be withdrawn under the same first paragraph when the foreigner has been in a regular situation for at least five years. » ;


    3° Article 17 is as follows:


    “Art. 17. - Unless their presence constitutes a threat to public order, the temporary residence permit provided for in Article 16 shall be issued in full right:
    « 1° A foreigner who has obtained the benefit of subsidiary protection under Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum;
    « 2° To his spouse, his partner with whom he is bound by a civil union or his concubin, under the conditions laid down in article L. 752-1 of the same code;
    « 3° A spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if marriage or civil union is after the date of introduction of his asylum application, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    « 4° To his children in the year following their eighteenth birthday or entering the forecast of section 11 of this order;
    « 5° To its direct ascendants to the first degree if the foreigner who has obtained the benefit of protection is a non-married minor.
    "The condition under section 6-1 is not required.
    "The deadline for the issuance of a temporary residence permit after the decision to grant subsidiary protection by the French Refugee and Stateless Protection Agency or the National Court of the Right of Asylum is set by decree in the Council of State.
    "By derogation from section 14, the card issued under this section is renewable under the same conditions for a period of two years. It gives the right to a professional activity. » ;


    4° The 9th of Article 20 is thus written:
    « 9° A foreigner who has been recognized as a refugee under Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum and to:
    “(a) His spouse, his partner with whom he is bound by a civil union or his concubin, under the conditions set out in article L. 752-1 of the same code;
    “(b) His spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if the marriage or civil union is later than the date of his application for asylum, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    "(c) His children in the year following their eighteenth birthday or entering the forecast in section 11 of this Order;
    "(d) His direct ascendants to the first degree if the foreigner who has been recognized as a refugee is an unmarried minor.
    "The time limit for the issuance of the resident card after the decision for recognition of refugee status by the French Refugee Protection Agency and stateless persons or by the National Court of the Right of Asylum is set by decree in the Council of State; »
    5° At 1° of Article 37, the words: "Refugee Appeals Board" are replaced by the words: "National Court of Asylum Law" and, after the words: "refugee", are inserted the words: "or granted it the benefit of subsidiary protection";
    6° Article 45 is as follows:


    “Art. 45. - Any foreigner present in the Wallis and Futuna Islands and wishing to apply for asylum submits his application under the conditions set out in chapters I and III of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum. » ;


    7° In Article 46, after the word "denial", the words are inserted: "or who no longer enjoys the right to remain in France pursuant to Article L. 743-2 of the Code of Entry and Residence of Aliens and the Right of Asylum";
    8° The eighth paragraph of Article 48 is amended as follows:
    (a) After the first sentence, a sentence is inserted as follows:
    "To this end, he can benefit from language assistance. » ;
    (b) Is added a sentence as follows:
    "This inadmissibility is not enforceable outside Canada, which invokes, in support of its application, facts arising after the expiry of this period. » ;
    9° In the second sentence of Article 50, the second occurrence of the words: "a receipt" is replaced by the words: "a certificate".
    II. - Order No. 2000-372 of 26 April 2000 on the conditions of entry and residence of foreigners in French Polynesia is amended as follows:
    1° Section 7-1 is amended as follows:
    (a) In the first sentence of the first paragraph, the words: "a receipt of a asylum application" are replaced by the words: "a certificate of asylum application";
    (b) In the last paragraph, after the word "refugee", the words "or grant the benefit of subsidiary protection" are inserted and the words: "a receipt of asylum" are replaced by the words: "a certificate of asylum";
    2° After Article 14-1, an article 14-2 is inserted as follows:


    "Art. 14-2. - When the refugee status or subsidiary protection is terminated by a final decision of the French Refugee and Stateless Protection Agency or by a court order, or where the foreigner waives the status or benefit, the resident card referred to in section 22 or the temporary residence card referred to in section 18 is withdrawn.
    "In the cases provided for in the first paragraph of this article, the administrative authority shall, within a time limit fixed by decree in the Council of State, decide on the right to stay of the persons concerned in another title.
    "The resident card or temporary residence card cannot be withdrawn under the same first paragraph when the foreigner has been in a regular situation for at least five years. » ;


    3° Article 18 is as follows:


    “Art. 18. - Unless their presence constitutes a threat to public order, the temporary residence permit provided for in Article 17 shall be issued in full right:
    « 1° A foreigner who has obtained the benefit of subsidiary protection under Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum;
    « 2° To his spouse, his partner with whom he is bound by a civil union or his concubin, under the conditions laid down in article L. 752-1 of the same code;
    « 3° A spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if marriage or civil union is after the date of introduction of his asylum application, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    « 4° To his children in the year following their eighteenth birthday or entering the forecast of section 12 of this order;
    « 5° To its direct ascendants to the first degree if the foreigner who has obtained the benefit of protection is a non-married minor.
    "The condition under section 6-1 is not required.
    "The deadline for the issuance of a temporary residence permit after the decision to grant subsidiary protection by the French Refugee and Stateless Protection Agency or the National Court of the Right of Asylum is set by decree in the Council of State.
    "By derogation from section 15, the card issued under this section is renewable under the same conditions for a period of two years. It gives the right to a professional activity. » ;


    4° The 9th of Article 22 is thus written:
    « 9° A foreigner who has been recognized as a refugee under Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum and to:
    “(a) His spouse, his partner with whom he is bound by a civil union or his concubin, under the conditions set out in article L. 752-1 of the same code;
    “(b) His spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if the marriage or civil union is later than the date of his application for asylum, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    "(c) His children in the year following their eighteenth birthday or entering the forecast in section 12 of this Order;
    "(d) His direct ascendants to the first degree if the foreigner who has been recognized as a refugee is an unmarried minor.
    "The time limit for the issuance of the resident card after the decision for recognition of refugee status by the French Refugee Protection Agency and stateless persons or by the National Court of the Right of Asylum is set by decree in the Council of State; »
    5° At the 1st of Article 39, the words: "Refugee Appeals Board" are replaced by the words: "National Court of Asylum Law" and, after the words: "refugee", are inserted the words: "or granted it the benefit of subsidiary protection";
    6° Article 47 reads as follows:


    “Art. 47. - Any foreigner present in French Polynesia and wishing to apply for asylum submits his application under the conditions set out in chapters I and III of Title IV of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum. » ;


    7° In Article 48, after the word "denial", the words are inserted: "or who no longer enjoys the right to remain in France pursuant to Article L. 743-2 of the Code of Entry and Residence of Aliens and the Right of Asylum";
    8° The eighth paragraph of Article 50 is amended as follows:
    (a) After the first sentence, a sentence is inserted as follows:
    "To this end, he can benefit from language assistance. » ;
    (b) Is added a sentence as follows:
    "This inadmissibility is not enforceable outside Canada, which invokes, in support of its application, facts arising after the expiry of this period. » ;
    9° In the second sentence of Article 52, the second occurrence of the words: "a receipt" is replaced by the words: "a certificate".
    III. - Order No. 2002-388 of 20 March 2002 on the conditions of entry and residence of foreigners in New Caledonia is amended as follows:
    1° Section 6-7 is amended as follows:
    (a) In the first sentence of the first paragraph, the words: "a receipt of a asylum application" are replaced by the words: "a certificate of asylum application";
    (b) In the last paragraph, after the word "refugee", the words "or grant the benefit of subsidiary protection" are inserted and the words: "a receipt of asylum" are replaced by the words: "a certificate of asylum";
    2° After Article 14-1, an article 14-2 is inserted as follows:


    "Art. 14-2. - When the refugee status or subsidiary protection is terminated by a final decision of the French Refugee and Stateless Protection Agency or by a court order, or where the foreigner waives the status or benefit, the resident card referred to in section 22 or the temporary residence card referred to in section 18 is withdrawn.
    "In the cases provided for in the first paragraph of this article, the administrative authority shall, within a time limit fixed by decree in the Council of State, decide on the right to stay of the persons concerned in another title.
    "The resident card or temporary residence card cannot be withdrawn under the same first paragraph when the foreigner has been in a regular situation for at least five years. » ;


    3° Article 18 is as follows:


    “Art. 18. - Unless their presence constitutes a threat to public order, the temporary residence permit provided for in Article 17 shall be issued in full right:
    « 1° A foreigner who has obtained the benefit of subsidiary protection under Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum;
    « 2° To his spouse, his partner with whom he is bound by a civil union or his concubin, under the conditions laid down in article L. 752-1 of the same code;
    « 3° A spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if marriage or civil union is after the date of introduction of his asylum application, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    « 4° To his children in the year following their eighteenth birthday or entering the forecast of section 12 of this order;
    « 5° To its direct ascendants to the first degree if the foreigner who has obtained the benefit of protection is a non-married minor.
    "The condition under section 6-1 is not required.
    "The deadline for the issuance of the temporary residence card after the decision to grant subsidiary protection by the French Refugee and Stateless Protection Agency or the National Court of the Right of Asylum is set by decree in the Council of State.
    "By derogation from section 15, the card issued under this section is renewable under the same conditions for a period of two years. It gives the right to a professional activity. » ;


    4° The 5th of Article 22 is thus written:
    « 5° A foreigner who has been recognized as a refugee under Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum and to:
    “(a) His spouse, his partner with whom he is bound by a civil union or his wife, if he has been allowed to stay in France under the conditions set out in article L. 752-1 of the same code;
    “(b) His spouse or partner with whom he is bound by a civil union, who is at least eighteen years old, if the marriage or civil union is after the date of his application for asylum, provided that marriage or civil union has been celebrated for at least one year and subject to an effective community of living between spouses or partners;
    "(c) His children in the year following their eighteenth birthday or entering the forecast in section 12 of this Order;
    "(d) His direct ascendants to the first degree if the foreigner who has been recognized as a refugee is an unmarried minor.
    "The time limit for the issuance of the resident card after the decision for recognition of refugee status by the French Refugee Protection Agency and stateless persons or by the National Court of the Right of Asylum is set by decree in the Council of State; »
    5° At the 1st of Article 39, the words: "Refugee Appeals Board" are replaced by the words: "National Court of Asylum Law" and, after the words: "refugee", are inserted the words: "or granted it the benefit of subsidiary protection";
    6° Article 47 reads as follows:


    “Art. 47. - Any foreigner present in New Caledonia and wishing to seek asylum submits his application under the conditions set out in chapters I and III of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum. » ;


    7° In Article 48, after the word "denial", the words are inserted: "or who no longer enjoys the right to remain in France pursuant to Article L. 743-2 of the Code of Entry and Residence of Aliens and the Right of Asylum";
    8° The eighth paragraph of Article 50 is amended as follows:
    (a) After the first sentence, a sentence is inserted as follows:
    "To this end, he can benefit from language assistance. » ;
    (b) Is added a sentence as follows:
    "This inadmissibility is not enforceable outside Canada, which invokes, in support of its application, facts arising after the expiry of this period. » ;
    9° In the second sentence of Article 52, the second occurrence of the words: "a receipt" is replaced by the words: "a certificate".

  • Chapter IX: Final provisions Rule 34 Learn more about this article...


    I. - Section L. 5223-4 of the Labour Code is repealed.
    II. - Access to the public service of the State planned to theArticle 1 of Act No. 2012-347 of 12 March 2012 relating to the access to the incumbent employment and the improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and the various provisions relating to the public service is open, under the conditions set out in Chapter I of Title I of the same Act, to contract agents of public law occupying, on the date of December 31, 2013, a job of the French Immigration and Integration Office referred to in the French Immigration and Integration Office referred to inArticle L. 5223-1 of the Labour Code.
    For the purposes of the same chapter I, the date taken into account to assess the conditions of employment and seniority of the agents referred to in this chapter II is December 31, 2013.
    Agents who do not access a public servant body are entitled to the provisions provided for in the last paragraph of Article 3 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State.
    III. - By derogation from theArticle 1 of Act No. 2012-347 of 12 March 2012 referred to aboveaccess to the public service of the State may be open to agents referred to in the II of this article for a period of three years from the publication of this Act.

    Rule 35 Learn more about this article...


    I. - Articles L. 723-3, L. 723-6, L. 723-7, L. 723-15, L. 723-16 and L. 744-6 of the Code of Entry and Residence of Aliens and the Right of Asylum, in their drafting resulting from this Act, apply to asylum applications filed as of 20 July 2015.
    II. - The provisions of section L. 741-1 of the same code, in their drafting as a result of this Act, apply to asylum applications filed on or after the day after the publication of this Act, as they provide that the registration of the asylum application shall be made within three working days from the date of its submission.
    III. - Subject to the provisions of Part II of this Article, Articles L. 213-8-1, L. 213-8-2, L. 213-9, L. 221-1, L. 224-1, L. 311-4, L. 311-5, L. 556-1, L. 556-2, L. 722-1, L. 723-1 and L. 723-2, L. 723-14-2. L. 741-1 to L. 741-4, L. 742-1 to L. 742-6 and L. 743-1 to L. 743-4 of the Code of Entry and Residence of Aliens and the Right of Asylum, as well as Article L. 777-2 of the Code of Administrative Justice, in their drafting resulting from this Act, apply to applications for asylum submitted from a date fixed by decree in the Council of State, which may not be after 1 November 2015.
    IV. - The articles L. 751-1 and L. 751-2 the Code of Entry and Residence of Aliens and the Right of Asylum, in their drafting resulting from this Act, come into force from a date fixed by decree in the Council of State, which cannot be after 1 November 2015.
    V. - Articles L. 744-1 to L. 744-4 and L. 744-7 to L. 744-10 of the Code of Entry and Residence of Aliens and the Right of Asylum, Articles L. 111-2, L. 111-3-1, L. 121-13, L. 264-10, L. 312-8-1, L. 313-1-1, L. 313-9, L. 348-1, L. 348-2 and L. 348-4 code of social action and families and articles L. 5223-1, L. 5423-8, L. 5423-9 and L. 5423-11 the Labour Code, in their drafting resulting from this Act, applies to asylum seekers whose application has been registered from a date fixed by decree in the Council of State, which cannot be later than 1 November 2015.
    VI. - Persons who, on the date fixed by the decree mentioned in the V of this article, receive the temporary waiting allowance in accordance with the 1° to 4° of Article L. 5423-8 of the Labour Code, in its writing before the entry into force of section 23 of this Act, shall, from that same date, be granted the allowance provided for in section L. 744-9 of the Code of Entry and Residence of Aliens and the Right of Asylum, in its drafting resulting from this Act.
    VII. - Section 25 of this Act comes into force on January 1, 2016.
    VIII. - I to VI of this article are applicable to Saint-Barthélemy and Saint-Martin.
    IX. - I to III of this article, as they relate to the application of Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum, are applicable in New Caledonia, French Polynesia and Wallis and Futuna.


    This law will be enforced as a law of the State.


Done in Paris, July 29, 2015.


François Hollande

By the President of the Republic:


The Prime Minister,

Manuel Valls


Minister for Foreign Affairs and International Development,

Laurent Fabius


The Seal Guard, Minister of Justice,

Christiane Taubira


Minister of Social Affairs, Health and Women ' s Rights,

Marisol Touraine


The Minister of the Interior,

Bernard Cazeneuve


Minister of Housing, Land Equality and Rurality,

Sylvia Pinel


Minister of Overseas,

George Pau-Langevin

(1) Preparatory work: Act No. 2015-925. National Assembly: Bill No. 2182; Report of Ms. Sandrine Mazetier, on behalf of the Law Commission, No. 2407; Opinion of Ms. Chantal Guittet, on behalf of the Foreign Affairs Committee, No. 2357; Opinion of Mr. Jean-Louis Touraine, on behalf of the Social Affairs Committee, No. 2366; Information report of Ms. Maud Olivier, on behalf of the delegation to the rights of women, No. 2379; Discussion on 9, 10 and 11 December 2014 and adoption, after the accelerated procedure was initiated, on 16 December 2014 (TA n° 450). Senate: Bill, passed by the National Assembly, No. 193 (2014-2015); Report of Mr. François-Noël Buffet, on behalf of the Law Commission, No. 425 (2014-2015); Opinion of Mr. Roger Karoutchi, on behalf of the Finance Committee, No. 394 (2014-2015); Text of Commission No. 426 (2014-2015); Discussion on 11, 18, 19 and 26 May 2015 and adoption on 26 May 2015 (TA No. 107, 2014-2015). National Assembly: Bill, amended by the Senate, No. 2807; Report of Ms. Sandrine Mazetier, on behalf of the Joint Parity Commission, No. 2861. Senate: Report of Mr. François-Noël Buffet, on behalf of the Joint Joint Committee, No. 498 (2014-2015); Results of the Commission's work No. 499 (2014-2015). National Assembly: Bill, amended by the Senate, No. 2807; Report of Ms. Sandrine Mazetier, on behalf of the Law Commission, No. 2883; Discussion and adoption on 25 June 2015 (TA No. 556). Senate: Bill, passed by the National Assembly, No. 566 (2014-2015); Report of Mr. François-Noël Buffet, on behalf of the Law Commission, No. 570 (2014-2015); Opinion of Mr. Roger Karoutchi, on behalf of the Finance Committee, No. 579 (2014-2015); Commission text No. 571 (2014-2015); Discussion and adoption on 7 July 2015 (TA No. 128, 2014-2015). National Assembly: Bill, amended by the Senate on new reading, No. 2947; Report of Ms. Sandrine Mazetier, on behalf of the Law Commission, No. 2976; Discussion and adoption on 15 July 2015 (TA No. 566).
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