Civil status reconstitution
Ofpra’s expertise in personal record documents
In order to make it easier for asylum seekers to prove their personal life events, Ofpra has been granted general powers in order to issue them with certificates certifying these events.
Consequently, Ofpra, after an investigation if necessary, reinstates personal record documents for those receiving international protection for events that happened prior to receiving this status and, if applicable, for subsequent events that could modify them. The events that happened in a European Union member country do not, in theory, lead to the reinstatement of documents by Ofpra
When a person received, prior to the reform from July 29, 2015, type-2 subsidiary protection, this means that Ofpra did not issue them personal record documents and that this person must contact the authorities from their country of origin to request personal record documents as well as a passport, if applicable. In case of difficulties with these procedures, the protected person must notify Ofpra of this in a letter.
Ofpra reinstates the following documents :
- Birth certificates
- Marriage certificates
- Death certificates
In application of article L. 561-6 from the Code of Entry and Residence of Foreigners and the Right of Asylum, “Pending the definitive establishment of their personal records by the French Office for the Protection of Refugees and Stateless Persons, the refugee or recipient of subsidiary protection may request to benefit from the rights to which they are entitled in application of the labor code, the social security code, the social action and family code or the building and housing code, on the basis of their family composition taken into account under the framework of the asylum procedure provided for under chapter IV of this volume.”
Rights cannot be suspended due to delays attributable to Ofpra.
Lastly, the request for a visa under the framework of family reunification may be submitted by the family once they obtain their protective status even if their personal record documents have not yet been issued.
Disputing documents issued by Ofpra
The acts and documents established by the Office have the same value as authentic deeds (articles L. 121-9 and R. 121-35 of the Ceseda).
Any modification must obey very strict rules.
Consequently, Ofpra, in application of article 1047 of the civil procedural code, can only rectify purely material errors and omissions that it may have committed.
For any other dispute regarding all or part of their personal records, the person placed under international protection must contact:
Tribunal de PARIS
Parvis du tribunal
Section AC1 - Etat civil
75 859 PARIS CEDEX 17