CAT/C/23/D/93/1997 page 5 who was deported on 20 March 1994, entered no appeal against that judgement, although he had 10 days in which to do so by virtue of articles 496, 497 and 498 of the Code of Penal Procedure. 4.3 It is true that the judgement was for immediate enforcement and that the author was liable to be deported at any time, even before the 10 days had elapsed. There was, however, nothing to prevent K.N. from availing himself of this judicial remedy so as to have his case reviewed by the Court of Appeal. B. Proceedings after author’s return to France in 1995 4.4 Contrary to what is asserted in the communication before the Committee, the author did have the possibility, from the moment of his secret return to France in 1995, of explaining to the French administrative authorities the risks he ran in his country of origin and securing an administrative ruling protecting him from any action to expel him to the former Zaire. Indeed, he could validly have submitted a fresh application for refugee status to OFPRA. 4.5 It is true that the decree dated 14 March 1997, amending the decree of 2 May 1953, stipulates that a fresh application for recognition of refugee status must be preceded by a fresh application for provisional authorization to reside in France. It is nonetheless the case that the decree was adopted only in March 1997, and cannot therefore be invoked by the author as a reason for not applying to OFPRA between March 1995, when he returned to France, and March 1997, when the new decree was published. 4.6 Moreover, the obligation, deriving from article 2 of the Act of 25 July 1952 establishing OFPRA, to make oneself known to the authorities at the prefecture before applying to OFPRA for recognition of refugee status does not render registration of such a request by OFPRA contingent upon a prior decision by the prefecture to give permission to reside in France. 4.7 Even if an alien is not granted authorization to reside legally in France with a duly issued permit, he is always entitled to have his application for refugee status considered by OFPRA. Article 2 of the aforementioned Act of 25 July 1952 states that, when provisional authorization to reside in France is withheld, OFPRA shall accord priority to examination of the request for recognition of refugee status, and article 12 of the same Act says that an alien to whom permission to reside in France has not been granted on any of the grounds set forth in article 10 shall nonetheless be entitled to remain in France until the decision reached by OFPRA is notified. 4.8 Thus, though not indeed entitled to obtain a residence permit as long as the ban on his presence on French territory remained in effect, the author cannot seriously assert that this prevented him from submitting a fresh application for refugee status or emphasizing the risks he would run if returned to his home country. Furthermore, since his banishment from French territory ceased to be effective as from March 1997, the author could thereafter have submitted an application for recognition of refugee status subject to the usual conditions. 4.9 Given that the author could prove that he had been returned to his country of origin after the rejection of his application by OFPRA and CRR in 1993, a fresh application for recognition