Obtaining asylum in France

Asylum is a form of protection granted to a foreign national who fears being persecuted or exposed to serious harm in their country of origin. It allows the individual to obtain lawful residence in France, as well as protection against being returned to their home country.

The asylum procedure is governed by strict rules and involves several administrative and judicial authorities. In this context, a preliminary analysis of the situation helps identify the legal grounds of the claim and effectively guide the strategy to be adopted.

Conditions for granting protection

Two main forms of protection may be granted:

• refugee status
It is granted when the individual demonstrates that they are personally exposed to persecution, particularly on the basis of their political opinions, religion, nationality, membership in a particular social group, or sexual orientation.

• subsidiary protection
It is granted when the individual does not meet the criteria for refugee status but establishes that he faces a real risk of serious harm in his country (violence, death penalty, inhuman or degrading treatment).

The assessment is based on the applicant’s statements, its consistency and credibility, as well as the situation in the country of origin. Preparing the narrative and identifying relevant elements in light of legal criteria are therefore critical steps.

A structured and time-sensitive procedure

The asylum process begins with registration with the authorities, followed by the submission of an application to the Office français de protection des réfugiés et apatrides.

The applicant is then invited to an individual interview, during which he must clearly and precisely explain the reasons for his claim. Proper preparation for this interview is essential, both in terms of substance and consistency.

The authority may issue:

• a decision granting protection
• a decision rejecting the application

In the event of a rejection, an appeal may be filed before the Cour nationale du droit d’asile within a strict deadline. Preparing such an appeal requires a thorough analysis of the decision and the development of a tailored legal argument.

Certain applications may be processed under an accelerated procedure, particularly when justified by the applicant’s situation or background.

Rights of asylum seekers

During the examination of their application, asylum seekers benefit from specific rights:

• the right to remain in France, subject to exceptions
• access to reception conditions (housing, financial allowance)
• access to healthcare
• the possibility of receiving assistance in their procedures

The importance of preparing the application

The asylum procedure largely relies on the applicant’s statements.

It is essential to present a precise, consistent, and detailed account that directly aligns with the criteria for protection. Inconsistencies, inaccuracies, or contradictions may weaken the application.

When available, supporting evidence must be submitted and carefully analyzed. A structured approach helps highlight key elements of the case and anticipate potential challenges raised by the authorities or the court.

Pierre Lepicier assists clients at every stage of the process, from preparing the application to filing an appeal if necessary, ensuring a coherent and legally grounded presentation of their claim.