Explained: Who are asylum seekers? How France processes applications? A look at how 25 Indians chose French soil

A flight carrying 276 passengers landed in Mumbai early on Tuesday morning, while 25 others including two minors chose to stay in France. The said 25 passengers have expressed their wish to seek asylum in France, and will be processed at a special zone for asylum seekers in Charles-de-Gaulle airport. This article will deal with how one can seek asylum in France in accordance with international laws and the steps involved.

Hyderabad:Of the 303 passengers onboard a charter-plane detained in a rural French airport, 25 persons have expressed their wish to apply for asylum while they are still on French soil.

The figure 25 individuals, including two minors, have sought asylum in France and their applications would be processed at a special zone for asylum seekers in Charles-de-Gaulle airport. An Airbus A340 aircraft which was originally chartered by a group to carry the passengers up to a central American city, took off with 276 leaving behind those who chose to stay back for asylum, from Vatry Airport near Paris around 2.30 pm local time and landed in Mumbai shortly after 4 am, an official who is privy to the development said. This article will deal with - how to apply for asylum in France and the next steps involved in the process.

How is an asylum application submitted in France?

To apply for asylum in France, one must first address themself to the First Reception Structure for Asylum Seekers (SPADA), an association that will help them make the appointment at the one-stop shop of the prefecture of your place of residence.

If the applicant lives in Paris or Ile-de-France, they must first contact the French Office for Immigration and Integration (Ofii) by telephone, in order to obtain an appointment at the local SPADA office, a document from the United Nations High Commissioner for Refugees (UNHCR) read.

Applications for international protection must be submitted to the one-stop shop for asylum seekers (GUDA) with territorial jurisdiction where the asylum application will be registered, the UN agency for refugees said.

The French Office for the Protection of Refugees and Stateless Persons (OFPRA), the French organisation for international protection, will examine the request, interview the applicant and decide whether or not to grant the applicant protection, in accordance with French, European and international legislation. OFPRA can decide:

1. to grant refugee status;
2. not to recognize refugee status and to grant the benefit of subsidiary protection;
3. to reject the asylum application (both the refugee status and the benefit of subsidiary protection).

If an asylum application is rejected. What can be done?

If the application has drawn a negative decision from OFPRA, the applicant will have the right to appeal against this decision before the National Court of Asylum (CNDA).

The applicant will have to ensure that the appeal is filed, respecting the deadlines. Before the CNDA, the benefit of legal aid (recourse to a lawyer) is automatic unless the appeal is inadmissible. The CNDA can either confirm the decision (refusal), or cancel it by granting international protection.

What is Asylum and who can seek it in France?

Asylum is a form of international protection. If one fears returning to their country of origin (or to the country of previous residence if they are stateless) because they are at risk of serious harm for reasons related to their race, religion, nationality, political opinions or their membership of a particular social group, or in case they are fleeing war, torture or inhuman and/or degrading treatment, they can apply for asylum (international protection) in France, the UN agency said.

In France, the national authorities are the ones responsible for processing applications for asylum (international protection) and deciding whether a person can benefit from protection, it added.

What happened so far in the present case?

The Nicaragua-bound charter-plane the Indians were in stopped for refuelling in France when it was detained by French authorities at the Vatry airport, in eastern France on December 21, following an anonymous tip of human trafficking.

Two passengers were initially detained by the French authorities as part of the human trafficking investigation. The duo was released Monday after appearing before a judge. According to the Paris prosecutor's office, the judge named them as ‘’assisted witnesses'' to the case, a special status under French law that allows time for further investigation and could lead to eventual charges or to the case being dropped.

What did the Airlines say?

The chartered plane belongs to Legend Airlines. A look at flight tracking sites showed this Airline owned four planes.

The Airline through its lawyer was quoted as saying that some passengers did not want to go to India as they had already paid for a tourism trip to Nicaragua. He also denied any role of the airline in the possible human trafficking probe.

Why Nicaragua?

The US has designated Nicaragua as a country which has failed to meet minimum standards for eliminating human trafficking. Nicaragua has been used as a migratory springboard for people fleeing poverty or conflict because of relaxed or visa-free entry requirements for some countries, from here, the Associated Press reported.

Indians arrested in US for illegal crossing-Between October 2022 and September 2023, the US has arrested 96,917 Indians for crossing illegally into its territory. The figures in the latest U.S. Customs and Border Protection (UCBP) data stated.

It stood at 19,883 in 2019-20. It rose to 30,662 in 2020-21. It further went up to 63,927 in 2021-22, the data showed.

As many as 30,010 were caught on the Canadian border and 41,770 at the frontier with Mexico, making up the 96,917 Indians arrested between October 2022 and September this year.

The UCBP classifies the arrested under four categories — Accompanied Minors (AM), Individuals in a Family Unit (FMUA), Single Adults, and Unaccompanied Children (UC).

The data shows single adults make up the largest category. In (the American) fiscal year 2023, 84,000 Indian adults crossed into the US illegally. 730 unaccompanied minors were among the arrested people. The US federal government's fiscal year begins on October 1 and ends on September 30 next.

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