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Article L531-38 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The French Office for the Protection of Refugees and Stateless Persons may take a decision to close the examination of an application in the following cases:1° The applicant, without a legitimate reason, has submitted his or her application to the Office by failing to comply with the time limits laid down by decree in the Conseil d’Etat and running from the submission of his or her asylum application certificate or…

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Article L531-39 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The French Office for the Protection of Refugees and Stateless Persons will notify the applicant in writing of its decision to close the application taken pursuant to Articles L. 531-37 or L. 531-38, by any means guaranteeing confidentiality and personal receipt of this notification. This decision shall state the reasons in fact and in law and shall specify the appeal channels and time limits.In the case provided for in 3°…

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Article L531-40 of the French Code governing the entry and residence of foreign nationals and the right of asylum

If, within less than nine months of the decision to close the file taken pursuant to articles L. 531-37 or L. 531-38, the asylum seeker requests that the file be reopened or submits a new application, the French Office for the Protection of Refugees and Stateless Persons will reopen the file and resume examination of the application at the stage at which it was interrupted. The applicant’s request to reopen…

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Article L531-41 of the French Code governing the entry and residence of foreign nationals and the right of asylum

An application for reconsideration is an asylum application submitted after a final decision has been taken on a previous application.The fact that the applicant has explicitly withdrawn his previous application, or that the final decision has been taken pursuant to articles L. 531-37 or L. 531-38, or that the applicant has left the territory, even to return to their country of origin, does not prevent the application of the provisions…

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Article L531-42 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The French Office for the Protection of Refugees and Stateless Persons will carry out a preliminary examination of the facts or new information presented by the applicant which arose after the final decision on a previous application or of which it is established that the applicant could not have been aware until after this decision.During the preliminary examination, the Office may decide not to conduct an interview.Where, following this preliminary…

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Article L532-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The Cour nationale du droit d’asile, whose nature, tasks and organisation are defined in particular in Title III of Book I, rules on appeals against decisions taken by the Office français de protection des réfugiés et apatrides (French Office for the Protection of Refugees and Stateless Persons) pursuant to Articles L. 511-1 to L. 511-8, L. 512-1 to L. 512-3, L. 513-1 to L. 513-5, L. 531-1 to L. 531-35,…

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Article L532-2 of the French Code governing the entry and residence of foreign nationals and the right of asylum

In the event of an appeal against a decision by the French Office for the Protection of Refugees and Stateless Persons, the Cour nationale du droit d’asile (National Court for the Right of Asylum) rules, as a full court, on the applicant’s right to asylum protection in the light of the factual circumstances of which it is aware at the time it makes its ruling.

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Article L532-3 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The Cour nationale du droit d’asile may only annul a decision of the Office français de protection des réfugiés et apatrides and refer the examination of the asylum application back to it when it considers that the Office took this decision without carrying out an individual examination of the application or dispensing, outside the cases provided for by law, with a personal interview with the applicant and that it is…

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Article L532-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The Cour nationale du droit d’asile examines applications submitted to it by refugees covered by one of the measures provided for in articles 31, 32 and 33 of the Geneva Convention of 28 July 1951 relating to the status of refugees and issues an opinion on whether these measures should be maintained or cancelled. In this case, the appeal has suspensive effect. In this case, the right to appeal must…

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Article L532-5 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Before ruling on an appeal that raises a new question of law, presents a serious difficulty and arises in numerous cases, the National Court of Asylum may, by a decision that is not subject to appeal, refer the case file to the Council of State, which shall examine the question raised within a period of three months. Any decision on the merits of the case shall be deferred until the…

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