Chapter III: COMMON PROVISIONS

Refugee status is recognised and the benefit of subsidiary protection is granted by the French Office for the Protection of Refugees and Stateless Persons under the conditions laid down in Chapter I of Title III or by the Cour nationale du droit d’asile under the conditions laid down in Chapter II of the same title.

The persecution or threat of persecution taken into account in the recognition of refugee status and the serious harm or threat of serious harm that may give rise to the benefit of subsidiary protection may be caused by the State authorities, parties or organisations controlling the State or a substantial part of the territory of the State, or by non-State actors in cases where the authorities defined in the first…

The authorities likely to offer protection may be the authorities of the State or of parties or organisations, including international organisations, which control the State or a significant part of its territory. Such protection must be effective and not temporary.Such protection is in principle ensured where the authorities defined in the first subparagraph take appropriate measures to prevent persecution or serious harm, in particular where they have an effective judicial…

The fear of persecution taken into account in the recognition of refugee status and the real risk of suffering serious harm that may give rise to the benefit of subsidiary protection may be assessed on the basis of events that occurred after the asylum seeker left his country of origin or because of activities that he carried out after leaving the country, in particular if it is established that the…

The application for asylum of a person who would have access to protection in a part of the territory of his or her country of origin may be rejected if he or she has no reason to fear persecution or serious harm, can travel to that part of the territory legally and in safety and can reasonably be expected to settle there.The general conditions prevailing in the part of the…

The judicial authority shall communicate to the Director General of the French Office for the Protection of Refugees and Stateless Persons and to the President of the National Court of Asylum, on request or of its own motion, any information obtained in the course of civil proceedings or criminal investigations, including where these have been dismissed, which may give rise to suspicion that a person seeking asylum or who has…

The judicial authority shall communicate to the Director General of the French Office for the Protection of Refugees and Stateless Persons, to the Director General of the French Office for Immigration and Integration and to the President of the National Court of Asylum, on request or of its own motion, any evidence gathered in the course of civil proceedings or a criminal or correctional investigation, including when the latter has…