Appealing an OFPRA Rejection Before the National Court of Asylum (CNDA) Step by Step

If your asylum application is rejected by the French Office for the Protection of Refugees and Stateless Persons (OFPRA), you can appeal this decision before the National Court of Asylum (CNDA). An appeal must be filed within one month from the date you receive the decision.

— An "acknowledgment of receipt" is generated from the date you access the OFPRA online portal.
New: Since the introduction of the secure personal digital portal, OFPRA considers the date of the first consultation of the rejection decision by the recipient—or the absence of a first consultation within a 15-day period from when the document became available—as the date of notification.

Warning!: OFPRA may, for a certain period, continue to send registered letters to notify applicants of asylum rejections.

In this case, the letter must be collected from the post office within 15 days of the transit notice left by the postal worker. Otherwise, the letter will be returned to OFPRA, but the date taken into account will be the date of delivery attempt of the uncollected registered mail.

Upon receiving the rejection letter, several administrative steps must be followed:

01 - Requesting Legal Aid:

It is not mandatory, but working with a lawyer to challenge OFPRA's rejection decision is strongly recommended. Applying for legal aid allows you to receive free legal representation. The application must be submitted to the National Court of Asylum, Legal Aid Office, at the following address: 35 Rue Cuvier, 93100 Montreuil.

- You can fill out the legal aid form (cerfa form No. 12467*02) or write your request on plain paper. Then send this application by fax to 01 48 18 43 11 or by registered mail with recorded delivery.

- Do not forget to attach a copy of OFPRA's rejection decision.

- The legal aid application must be received by the Legal Aid Office within 15 days of notification of OFPRA's rejection decision.

Once this period expires, you will no longer be able to request legal aid, even when filing the appeal.

- This 15-day deadline begins from the "acknowledgment of receipt" generated by OFPRA's secure portal—which corresponds to the date and time the recipient first logs in to view the rejection decision in their personal space within 15 days of its availability on the website.

If the decision is sent by mail, the deadline starts from the date the registered letter is delivered.

- A legal aid application suspends the appeal deadline: the one-month countdown pauses until the Legal Aid Office makes a decision on your request (approval or refusal), but resumes from the date you are notified of the legal aid decision.

For example: If you were notified of OFPRA's rejection decision on February 1 and requested legal aid on February 7 (6 days later), these 6 days must be deducted from the one-month period available to file an appeal.

If the Legal Aid Office grants you legal aid on March 1, the remaining appeal window resumes on that date, leaving you with 25 days because 6 days have already elapsed (from February 1 to 7).

- As a precautionary measure, it is preferable to submit the appeal as quickly as possible, or at least within 15 days of notification of the legal aid decision.

- The Legal Aid Office will appoint a lawyer to assist you throughout the proceedings. You may also choose your own lawyer, provided they agree to be compensated through legal aid. You must schedule an appointment with the lawyer promptly so they can file the legal aid request and the appeal.

02 - Appealing the Rejection Decision:

The appeal must be drafted in French and sent to the National Court of Asylum (CNDA) by registered mail with acknowledgment of receipt or by fax.

You can also deliver it directly to the National Court of Asylum, or your lawyer can do so on your behalf.

- If you do not wish to be heard via videoconference without appearing in person at the CNDA, you must specify this in the appeal and explicitly request an in-person hearing on the premises of the National Court of Asylum in Montreuil, a suburb of Paris.

*- Note: Do not forget to attach a copy of OFPRA's rejection decision.

- The appeal must contain the following information: full name, date and place of birth, nationality, address, etc.

It must also state the grounds of your objection to OFPRA's decision.

- Clear and comprehensive responses must be provided to the points raised by OFPRA:

Details of political activities undertaken, reconstructing the timeline challenged in OFPRA's decision, and correcting inaccuracies in the initial application or during the interview...

- You can submit additional documents until the date the investigation is closed, as indicated on the hearing summons (via registered mail with acknowledgment of receipt or by fax, ensuring the appeal registration number is referenced in the correspondence).

- If you have chosen a private lawyer or had one appointed by the court, consult them about whether to submit additional documents, as judges place great importance on these items: particularly the date, issuing authority, and how the documents were obtained, as judges are very likely to question you about them.

- You can, for instance, add documents from your home country or from France that substantiate the fears you face due to political activity or a personal situation (proof of political activity, religious practice, an LGBTQ+ relationship in France, etc.).

- You may also submit medical certificates attesting to scars and injuries, as judges take these into account.

*- Note: Do not attach documents unrelated to your protection claim—such as a medical certificate stating an illness or evidence of social integration in France—as these are generally not considered relevant to the fear of persecution.

*- Warning: If additional documents were sent to you by a third party and you doubt their authenticity, it is better not to submit them, as they may cast doubt and suspicion among the judges.

- All case documents must be translated into French. If you wish to include excerpts from NGO reports or press articles on conditions in your country, an unofficial (free) translation into French or English is recommended.

For legal documents, they must be translated by a sworn/certified translator. While judges may accept an informal translation, certified translations (for a fee) are strongly advised for essential documents.

- Upon receiving your appeal, the CNDA issues a certificate of appeal registration containing your case number, enabling you to renew your Asylum Application Certificate (Attestation de Demande d'Asile).

In principle, an appeal before the CNDA is automatically suspensive: meaning you cannot be deported to your home country before the court issues its final ruling.

- If your case is processed under the standard procedure, the CNDA takes approximately 5 months to issue a decision. Under the accelerated procedure, a decision is rendered by a single judge within 5 weeks. However, in certain cases, an appeal does not suspend deportation if the right to remain has been denied.

- In addition to appealing OFPRA's decision, you may also challenge the decision to place you under the accelerated procedure (consult your lawyer for assistance).

See: 11 - Cases of Refusal and Termination of the Right to Remain on French Territory (Withdrawal of Asylum Application Certificate)

- In principle, an appeal before the CNDA carries an automatic suspensive effect:

This means you cannot be returned to your country before the court reaches a ruling. However, in certain situations, the appeal is not suspensive when the right to remain on French territory has been withdrawn.

03 - The Hearing Before the National Court of Asylum (CNDA):

Hearings are generally held at the court's headquarters or one of its administrative annexes in the Parisian suburbs.

- The collegiate panel consists of 3 members.

Important Warning!:
To maximize your chances of approval, you must prepare thoroughly for the hearing with your lawyer well in advance—prior to the hearing day or on the day of the hearing before proceedings begin. Review your asylum narrative and prepare answers to the points of contention raised by OFPRA in its rejection decision. You must persuade the judges of the credibility and reality of your fear of returning to your country of origin.

- If you live in the Paris region, you can attend CNDA hearings as an observer to understand the process, as hearings are often open to the public unless the applicant requests an in-camera (closed) hearing.

*- Warning!: In the future, hearings may increasingly be held via videoconference (remotely):

Where the asylum seeker, their lawyer, and the interpreter are located in geographically separate premises and communicate via video link with the CNDA based in Montreuil. Videoconferencing has so far been used primarily in overseas territories such as French Guiana, Réunion, and Mayotte, noting that the applicant's consent is required.

- The CNDA's decision is posted publicly on the ground-floor notice board in Montreuil and sent by registered mail within 3 weeks of the hearing, or within one week under the accelerated procedure.

- Since the COVID-19 health crisis, court decisions can also be consulted on the CNDA website by selecting the hearing date and courtroom number specified on your summons.

04 - Appeal Granted and OFPRA Decision Overturned: Recognition of Protection:

When the CNDA finds your case substantiated and grants protection, it annuls OFPRA's decision and grants you refugee status or subsidiary protection. In this case, the prefecture/police must issue you a 6-month temporary residence receipt.

- If OFPRA grants you 4-year subsidiary protection and you believe you qualify for full refugee status, you can challenge this decision before the CNDA to seek refugee status without losing subsidiary protection under any circumstances. See details in: Refugee Guide

05 - CNDA Rejection of the Appeal:

If your appeal is rejected by the CNDA, your right to remain on French territory terminates as soon as the court's decision is read in a public hearing, or upon notification if the decision was rendered by ordinance without a hearing.

- If you disagree with the decision, you can appeal on points of law to the Council of State (Conseil d’État) within two months.

The Council of State does not re-examine the facts of the asylum claim; it only assesses whether legal procedures and procedural regularity were respected by the CNDA.

*- Note: This cassation appeal is highly complex, takes a long time, and has a very slim chance of success. Furthermore, Council of State lawyer fees are generally high, and obtaining legal aid is exceedingly rare.

- You may request a review (re-examination) of your asylum application if you have new evidence to add, such as:

An element that emerged after the CNDA hearing, an element you were unaware of prior to the hearing, or new evidence relating to an event disputed in the initial application before OFPRA. The new element must be significant and reinforce your personal fear of persecution.

- In the event of a re-examination request, you must go directly to the prefecture/police (without going through the initial reception structure) to register the application. It is recommended to prepare your updated narrative beforehand, as the OFPRA application form and file must be submitted within 8 days of registering the re-examination.

- If the account is not convincing and reveals no new elements, OFPRA may issue an inadmissibility decision without summoning you for an interview.

- If OFPRA rejects the application again, a new appeal can be lodged before the CNDA within one month (with administrative and legal costs borne entirely by you).

06 - Consequences of CNDA Rejection on Your Legal Status in France:

If the CNDA rejects your appeal, the prefecture automatically initiates an Obligation to Leave French Territory (OQTF) against you without waiting for court notification.
You have only 15 days to file an appeal against this departure order.

- If your asylum application was registered after March 1, 2019 (the date Law No. 2018-778 CESEDA on foreigners' residency entered into force), the prefecture is required to inform you that you can apply for a residence permit concurrently with your asylum claim.

- If you did not do so, applying for a residence permit after the asylum rejection will only be accepted by the prefecture on an exceptional basis, requiring justification of "new circumstances."

- If you had submitted an application for residency on other grounds concurrently with your asylum claim and the prefecture rejected that application, you will be notified of an OQTF alongside the residency refusal.

- In other instances, the prefecture may await the asylum rejection before issuing an OQTF. In that case, the removal order will be based on the asylum rejection, leaving you with only 15 days to appeal it.

- In your appeal, you must present arguments against both the asylum rejection and the refusal of the residence permit.

A single judge will rule under the accelerated procedure regarding both the residence permit refusal and the OQTF. If your appeal is rejected, the removal measure (forced expulsion) may be executed. In this case, it is advisable to contact specialized support organizations, undocumented workers' collectives, or legal aid hotlines such as:
Association: La Cimade
Refugee Forum: Forum réfugiés

GISTI, France News