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France: Subsidiary protection and the identity and travel document (titre d'identité et de voyage, TIV); the rights of individuals granted subsidiary protection; how to obtain a TIV; the possibility of renewing a TIV when the bearer is outside France and the TIV has expired

Publisher Canada: Immigration and Refugee Board of Canada
Author Research Directorate, Immigration and Refugee Board of Canada, Ottawa
Publication Date 13 October 2006
Citation / Document Symbol FRA101741.FE
Reference 5
Cite as Canada: Immigration and Refugee Board of Canada, France: Subsidiary protection and the identity and travel document (titre d'identité et de voyage, TIV); the rights of individuals granted subsidiary protection; how to obtain a TIV; the possibility of renewing a TIV when the bearer is outside France and the TIV has expired , 13 October 2006, FRA101741.FE , available at: http://www.refworld.org/docid/45f147327.html [accessed 21 December 2014]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Subsidiary protection

In France, subsidiary protection is granted by the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA), which

[translation]

– Under a special instruction ... grants the benefit of subsidiary protection to any person who does not fulfil the conditions for refugee status....

...

The term "subsidiary" implies that the refugee claim must first be examined in light of the acceptance criteria for refugee status (Geneva Convention – "constitutional" asylum); when the conditions for refugee status are not fulfilled, the claim will be examined to determine whether any factors exist to support the granting of subsidiary protection.

Protection is granted when the conditions listed below have been met. However, the applicant may be rejected under an exclusion clause (Art. 2, IV) or when a possibility of protection exists somewhere in his or her country of origin (Art. 2, III).

– The person concerned must establish that he or she faces one of the following serious threats in his or her country of origin:

the death penalty ...;

- torture, inhumane or degrading treatment ...;

- for a civilian, a serious, direct and individual threat against his or her life or person because of generalized violence resulting from an internal or international armed conflict

...

– Subsidiary protection is granted for one year and is renewable....

At the end of the term, the OFPRA may refuse to renew subsidiary protection if the circumstances that justified granting it have ceased to exist or have changed to such an extent that it is no longer required. (France 15 May 2006)

The Web site of the Association for the Development of Integration Initiatives (Association pour le développement des actions d'insertion, ADAI), a Marseilles-based organization that facilitates the integration of disadvantaged populations, indicates that subsidiary protection may not be renewed if there is any [translation] "suspicion of crime or 'serious' threat to public order" (11 Jan. 2006).

In 19 September 2006 correspondence, an OFPRA representative stated that subsidiary protection cannot be renewed if the recipient is outside France. However, the [translation] "person may be issued a pass to [return] to France," where he or she can apply to have his or her status renewed (France 19 Sept. 2006).

Rights of persons granted subsidiary protection

In France, persons granted subsidiary protection enjoy certain entitlements, such as an identity and travel document, temporary residence card or permit, social assistance and the RMI [Minimum Income for Integration (Revenu minimum d'insertion) benefit (Droit.Pratique.fr n.d.)] (Forum réfugiés May 2006).

Identity and travel document

French prefectures issue the identity and travel document (titre d'identité et de voyage, TIV) to subsidiary protection recipients who are unable to obtain a passport from the consular authorities of their country of origin (France 15 Sept. 2006; ibid. July 2006). The TIV is valid for one year and may be extended twice (ibid.). According to Service-Public, a French government Web portal, the TIV lists the countries the bearer may not visit (ibid.). In 15 September 2006 correspondence, an OFPRA representative stated that the TIV is valid only for the countries the bearer intends to visit (countries for which the TIV was requested). Other countries may be added later at the bearer's request (France 15 Sept. 2006).

The TIV application must be submitted to a prefecture along with the following documents:

– a valid residency permit

– two identity photographs

– recent proof of address

– any former travel document, if applicable

– a revenue stamp in the amount of 8 euros (EUR) [CAD11.34 (Canada 29 August 2006)] (France July 2006).

The OFPRA representative stated that a person abroad who has been granted subsidiary protection and who holds an expired TIV must visit the nearest French consulate, which will work with the Paris office to examine the application to check whether that person is still protected in France (France 15 Sept. 2006). If so, the consulate will issue a pass to allow the person to return to France (ibid.). After the person returns, he or she must go to the prefecture where he or she lives to obtain another TIV to travel (ibid.).

Temporary residency card or permit

Persons granted subsidiary protection, as well as their spouse and their children under 19 years of age, also have the right to a temporary residence card (France 15 May 2006; ibid. Jan. 2006). However, married couples must have been married for at least one year or before subsidiary protection was granted (ibid.). The residency card is marked [translation] "private and family life" and allows the bearer to work in France (France 15 May 2006; ibid. Jan. 2006). It is issued by a prefecture and is valid for one year (France terre d'asile 24 Jan. 2006). However, a residency card may be refused if there is [translation] "a threat to public order [or] polygamy" (France Jan. 2006). The residency card may be renewed [translation] "if the reasons that originally justified its issuance still apply" (France terre d'asile 24 Jan. 2006). Persons who have been granted subsidiary protection may obtain a ten-year residency card after they have been in France for five years (ibid. 25 Jan. 2006).

Family allowance and the Minimum Income for Integration (RMI) benefit

According to Forum réfugiés, a French non-governmental organization that specializes in receiving refugees and defending the right to protection, recipients of subsidiary protection are granted immediate access to family allowance benefits (May 2006). However, access to the Minimum Income for Integration (Revenu minimum d'insertion, RMI) benefit is granted only starting in their fifth year of residence in France (Forum réfugiés May 2006).

In order to apply for family allowance, interested persons must [translation] "present proof that they have applied for a three-month renewable residency permit granting the right to work, issued when subsidiary protection was granted and accompanied by the decision of the OFPRA or the CRR [Refugee Appeals Board (Commission des recours des réfugiés) (CRR 23 June 2006)]" (Forum réfugiés May 2006).

No further information on the rights of subsidiary protection recipients could be found among the sources consulted by the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Association pour le développement des actions d'insertion (ADAI). 11 January 2006. "Demande d'asile, réfugiés, et protection subsidiaire." [Accessed 25 Aug. 2006]

Canada. 29 August 2006. Bank of Canada. "Taux de change." [Accessed 29 Aug. 2006]

Commission des recours des réfugiés. 23 June 2006. "Bienvenue sur le site de la Commission des recours des réfugiés." [Accessed 29 Aug. 2006]

Droit.Pratique.fr. N.d. "Revenu minimum d'insertion (RMI)." [Accessed 25 Aug. 2006]

Forum réfugiés. May 2006. "Les droits sociaux des réfugiés et des bénéficiaires de la protection subsidiaire." [Accessed 6 Sept. 2006]

France. 19 September 2006. Office français de protection des réfugiés et apatrides (OFPRA). Correspondence from a representative.
_____. 15 September 2006. Office français de protection des réfugiés et apatrides (OFPRA). Communication écrite envoyée par un représentant.
_____. July 2006. Service-Public. "Documents de voyage pour réfugiés, apatrides et autres bénéficiaires de protection." [Accessed 29 Aug. 2006]
_____. 15 May 2006. Office français de protection des réfugiés et apatrides (OFPRA). "La protection subsidaire." [Accessed 29 Aug. 2006]
_____. January 2006. Service-Public. "Étrangers : carte de séjour temporaire." < http://vosdroits.service-public.fr/particuliers/F2209.xhtml> [Accessed 29 Aug. 2006]

France terre d'asile. 25 January 2006. "Statut de réfugié/Protection subsidiaire : différencier les deux protections." [Accessed 6 Sept. 2006]
_____. 24 January 2006. "FAQ – Demandeurs d'asile." [Accessed 6 Sept. 2006]

Additional Sources Consulted

Oral sources: The Embassy of France in Canada did not provide information within the time constraints of the Response.

Internet sites, including: La Documentation française, Legifrance, Office of the United Nations High Commissioner for Refugees (UNHCR).

Copyright notice: This document is published with the permission of the copyright holder and producer Immigration and Refugee Board of Canada (IRB). The original version of this document may be found on the offical website of the IRB at http://www.irb-cisr.gc.ca/en/. Documents earlier than 2003 may be found only on Refworld.

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