France: Law No. 1952-893 of 1952, concerning the Creation of a French Office for the Protection of Refugees and Stateless Persons
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 25 July 1952 |
| Other Languages / Attachments | French |
| Cite as | France: Law No. 1952-893 of 1952, concerning the Creation of a French Office for the Protection of Refugees and Stateless Persons [], 25 July 1952, available at: https://www.refworld.org/docid/3ae6b4e414.html [accessed 4 June 2023] |
| Comments | This is an unofficial translation. |
| Disclaimer | This 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. |
Article 1
A public office possessing civil authority and financial and administrative autonomy is created under the Minister of Foreign Affairs with the Part of "French Office for the Protection of Refugees and Stateless persons."Article 2
The Office exercises judicial and administrative protection over refugees and stateless persons and ensures, in liaison with the various interested ministerial departments, the implementation of international conventions, agreements and arrangements concerning the protection of refugees in France, notably the Geneva Convention of July 28, 1951. The Office will recognise as a refugee any person who is under the mandate of the High Com missioner of Refugees of the United Nations according to articles 6 and 7 of its Statute as adopted by the General Assembly of the United Nations on December 14, 1950, or who falls within the definition of Article 1 of the Geneva Convention of July 28, 1951. The Office can not The Office shall co-operate with the High Commissioner of Refugees of the United Nations and is under his surveillance according to the conditions foreseen by international agreements.Article 3
The Office is directed by a Director named by the Minister ofForeign Affairs for a period of three years. The Director is to be assisted by a Council presided over by a representative of the Minister of Foreign Affairs and comprising a representative of the Guard of the Seals, the Minister of Justice, a representative of the Minister of the Interior, a representative of the Minister of Finance, a representative of the Minister of Labour and Social Security, a representative of the Minister of Public Health and Population and a representative named by decree, of the organisations officially authorised to be concerned with refugees. The Representative of the United Nations High Commissioner for Refugees will attend the meetings of the Council and can present there his observations and proposals. All the members of the personnel of the Office are bound by professional secrecy with regard to the information they have received in the exercise of their functions. The premises of the Office as well as its archives and, in a general sense, all of the documents pertaining to it or held by it are inviolable.Article 4
The Office is authorised to deliver, after the investigation, if one takes place, to the refugees referred to in Article 2, the necessary documents to enable them to carry out the various acts of civil life in order to make applicable the provisions of domestic legislation or of international agreements which concern their protection, notably the documents representing civil acts of State. The Director of the Office will authenticate the acts and documents which are submitted to him. The acts and documents which he shall establish have the value of authentic acts. These various documents will serve as substitutes in the absence of acts and documents delivered in the country of origin.Article 5
There is established a Commission of Recourse composed of a member of the Council of State, a President chosen by the Vice-President of the Council of State, a representative of the United Nations High Commissioner for Refugees and a representative of the Council of the Office. This commission is charged with:(a)Enacting a formulated recourse for the foreigners and stateless persons whom the Office has refused to recognise as refugees;
(b)Examining the petitions addressed to it by refugees resulting from the measures foreseen in Articles 31, 32, and 33 of the Convention of July 28, 1951 and formulating an advisory opinion concerning the retention or cancellation of these measures. In such matters, the recourse shall suspend the execution.
The right of recourse shall be exercised within a period of one month in the cases referred to in paragraph (a) and of one week in the cases referred to in paragraph (b). Interested parties may present their explanations to the Commission of Recourse and cause them to be heard by the council.