Paris accepts Russian refugees under new rules (video)

France has announced new criteria for accepting refugees from Russia – the court will consider the presence/absence of a summons.

How tells RFI, in many European countries, Russian citizenship blocks asylum. In France, Russians who evade mobilization can apply for it. This principle was proclaimed last year by the National Court of Asylum (Cour nationale du droit d'asile, CNDA). What do applicants face? What is required to be presented as evidence to obtain protection? French lawyers talk about this and more.

After mobilization was announced in the Russian Federation in September 2022, hundreds of thousands of Russians, who feared being sent to war with Ukraine, fled their homeland. Many went to those countries where holders of Russian passports do not need visas – to Kazakhstan, for example, or Georgia. Some emigrated to European Union countries.

Some of the emigrants who fled mobilization chose the path of seeking asylum. European countries approach this issue differently: in Poland, Russian draft dodgers cannot apply for refugee status, but in Germany they can (although in reality it is difficult for Russians to obtain asylum in Germany).

France did not recognize any special rights for Russian draft dodgers. They go through procedures on a general basis: they can become legalized by enrolling in studies, working, or getting married. But the opportunity to obtain refugee status is also open to them – under certain conditions.

The French court referred to EU laws under which protection can be provided to those who face prosecution for refusing military service in a situation of armed conflict, during which war crimes may be committed. The court included Russia’s invasion of Ukraine among such situations. The CNDA communique stated that the court took into account a number of international investigations into war crimes committed by Russian troops in Ukraine.

In its decision of July 20, 2023, the CNDA outlined two conditions under which, based on European law, draft dodgers can be granted refugee status in France:

1. refusal to perform military service must be the only way for the applicant to avoid participation in the alleged war crimes;
2. a strong presumption that refusal to perform military service will result in persecution.

Among additional restrictions, the CNDA specified that only those who provide evidence that they are subject to mobilization or forced recruitment can claim asylum. That is, the mere fact of having a military ID does not give the right to asylum – a summons is needed. At the same time, it is not entirely clear from the CNDA communique what exactly the court understands by “forced recruitment.”

In France, the Office for the Protection of Refugees and Stateless Persons (OFPRA) is responsible for the implementation of international agreements relating to refugee status. It processes asylum applications. According to data for 2023, in the total mass of applications for one positive decision there are two negative ones – these are the statistics. If the OFPRA is refused, the applicant still has the opportunity to file a complaint with a specialized court – the CNDA, explains BB.LV.

Until mid-March of this year, starting in January, 19 Russian draft dodgers received refugee status in France through the courts, the France-Presse agency reports, citing the CNDA. How many requests the court rejected is not announced.

One of those who appealed OFPRA’s refusal to the CNDA is a native of Russia who graduated from the military department and received a mobilization summons. The court sided with him. At the CNDA, his interests were represented by Yulia Yamova, a member of the Paris Bar. In an interview with RFI, she said that the judges were convinced that a graduate of a Russian university who had not served in the army could be mobilized to participate in the war:

“He was a reservist because he passed through the military department. When interviewed by OFPRA, officials did not know what a military department was and did not think that it was something that could serve as a substitute for military service. They considered that a person does not have a military education or any military skills, and therefore he cannot be drafted into the army, because he will be useless there. In court, we explained what kind of training students undergo at the military department, how many hours, in what subjects, and then they have mandatory training, and therefore these skills can be equated to military service.”

An important factor was that Yulia Yamova’s client provided the court with the original summons. At the same time, in order to verify the authenticity of the document, the court examined in detail the circumstances of the delivery of the summons: the date, place of delivery, the issue of the tear-off coupon, and so on. Alexandre Delave, a lawyer specializing in asylum cases, says:

“We need to prove that there really is a risk of conscription. In each case, the court will look at whether there is a subpoena or not. If there is, they will investigate whether it is trustworthy: in the form, in the way it was delivered.”

Yulia Yamova explains: the French justice system knows that summonses in the Russian Federation can also become electronic. According to her, this will even make it easier for asylum seekers: they will not have to wait for the summons to be served in their hands in Russia, and as evidence they will be able to present a copy of the electronic summons from the State Services website.

However, just having an agenda does not solve anything. French courts look at a number of factors. For example, his young age and good physical shape played in favor of Yulia Yamova’s client. Lawyer says:

“There were precedents when very older people came with the threat of mobilization, who no longer fit the age of mobilization and, accordingly, it was believed that there was no threat.”

Alexander Delave adds that in order to make a decision in his favor, the applicant must prove his reservist status (present a military ID) and prove that he is listed in one of the categories of people subject to mobilization (A, B, C).

When asked whether those who received summonses for military service can count on protection, Yulia Yamova replied that this is not directly stated in the law. Alexander Delave notes that in the CNDA “doctrine” of July 2023 there are no direct instructions regarding conscript service. However, lawyers do not rule out this possibility.

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