CAT/C/39/D/264/2005
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appeal to the Refugees Appeal Board against any OFPRA decision to lift subsidiary
protection, such an appeal likewise has no suspensive effect.
5.5 On 9 January 2007, the complainant commented that he is obliged to report to
the Saint-Denis Prefecture at regular intervals. This shows that the French authorities are
preparing to deport him as soon as the current period of subsidiary protection ends on 4
February 2007.
Additional State party observations
6.1 On 23 March 2007, the State party informed the Committee that the subsidiary
protection measures applied in the complainant’s case had been enacted by Parliament in
December 2003 and entered into force on 1 January 2004. They are in line with the
provisions of article L.721-1 of the Code of entry and residence of aliens and the right to
asylum, provisions which may be viewed as anticipated implementation of European Council
directive 2004/83/EC of 29 April 2004, on the status of refugees and subsidiary forms of
protection.
6.2. The State party recalls that this protection is granted by OFPRA, which, subject to
oversight by the Refugees Appeal Board, may withdraw protection by formal decision where
there is reason to believe that the threats warranting such protection no longer exist.
Subsidiary protection gives rise, subject only to the requirements of public order, to
automatic issuance of a one-year temporary residence permit, which is renewable as long as
the OFPRA protection is in place.
6.3. Thus application of the subsidiary protection regime is not equivalent to an interim
measure under rule 108 of the Committee’s rules of procedure. On the contrary, the State
party says, it is a measure taken after consideration of the merits of an asylum application.
6.4 The State party emphasizes that in the present case it has no information that might lead
it to believe that the factors taken into account in granting the complainant subsidiary
protection no longer apply. It therefore repeats that the complainant cannot claim the status of
victim insofar as he is in no danger of removal from French territory.
Additional comments by the complainant
7.1 On 2 May 2007, the complainant reiterates that the revocation of subsidiary protection
is a mere formality. He claims that giving him subsidiary protection did not resolve the
question of his residence in France, since the French authorities refused to give him a
residence permit on the grounds that his presence allegedly constituted a threat to public
order. As a result he is not entitled to work or to receive social benefits. This legal limbo in
itself constitutes inhuman treatment.
7.2 In support of his claim the complainant submits two letters from NGOs, one
dated 1 July 1999 and the other 25 January 2005, a letter dated 8 January 2007 from the
social worker at Hôpitaux de Paris, a letter dated 23 February 2007 certifying that he receives
no family allowance, and other documents relating to his social situation. He also submits a
copy of his police record.