Subsection 6: Decision by the French Office for the Protection of Refugees and Stateless Persons

The decision of the Director General of the French Office for the Protection of Refugees and Stateless Persons shall state the surname, first name, position and department to which the person belongs.

The person concerned shall be notified of the decision by electronic means. It is notified to the interested party by an electronic process whose technical characteristics guarantee reliable identification of the sender and recipient as well as the integrity and confidentiality of the data transmitted. These characteristics comply with the rules laid down by the general security reference system provided for in Article 9 of Order no. 2005-1516 of 8 December 2005 relating to electronic exchanges between users and administrative authorities and between administrative authorities. This electronic process also makes it possible to establish with certainty the date and time when a document was made available and when it was first consulted by its recipient. An order issued by the Minister of the Interior defines these characteristics and the technical requirements that must be met by users of the process.

The decision is deemed to have been notified to the applicant. The interested party is deemed to have been notified of the decision on the date of the first consultation. This date is recorded in an acknowledgement of receipt sent to the Director General of the Office and to the administrative authority using the same procedure. If the interested party fails to consult the decision, the decision is deemed to have been notified at the end of a period of fifteen days from the date on which it was made available.

The applicant is informed at the time of consultation of the decision. The applicant will be informed when the application is registered that the decision of the Director General of the Office will be notified to him using the electronic procedure provided for in the second paragraph. They will also be informed of:

1° The essential characteristics of this electronic process;

> The procedures for making the decision available to the public 2° How the decision notified is to be made available and consulted;

3° The procedures for identifying oneself in order to take cognisance of the decision;

4° The period of time after which, if the decision is not consulted, it is deemed to have been notified to the person concerned;

However, the decision of the Director General of the French Office for the Protection of Refugees and Stateless Persons is notified by registered letter with acknowledgement of receipt when the applicant establishes that he or she is unable to access the electronic process or when the application is made in a department that is not on the list of departments in which this process is in place. This list is drawn up by order of the Minister responsible for asylum. The Office may also decide not to use this procedure, in particular for reasons relating to the applicant's personal situation or vulnerability.

The decision to close the procedure following an application is taken by the Office. The decision to close the file following the withdrawal of an asylum application pursuant to Article L. 531-36 may also be delivered against a certificate of attendance or receipt.