There are two levels of appeals in cases concerning international protection: the National Court of Asylum (Cour Nationale du Droit d’Asile, CNDA) and the Council of State (Conseil d’Etat). 

At the first appeal level, the CNDA is a specialised administrative court ruling on appeals lodged against administrative decisions of the French Office for the Protection of Refugees and Stateless Persons (OFPRA). This court is centralised and has jurisdiction over the entire territory of France, with five territorial chambers created in July 2024. The CNDA is a court of full jurisdiction, meaning that the court may substitute its own decision for the decision of OFPRA by ruling on the applicant’s right to international protection ex nunc and both on the merits and legality aspects. In principle, the appeal lodged before the CNDA has an automatic suspensive effect, with exceptions. 

The decisions of the CNDA are subject to the cassation control of the Council of State, which is limited to examining legality aspects, the absence of factual errors and the correct application of the law by the asylum judge. If the Council of State annuls the decision, it can refer the case back to the CNDA, which must then rule on the case again, but it can also decide to give a final ruling on the granting or refusal of protection. 

The litigation procedure before the CNDA is governed by the provisions of the Code on the Entry and Residence of Foreigners and the Right of Asylum (CESEDA). The provisions relating to the right of asylum are in Book V of CESEDA (legislative part). Book VI and VII of the legislative part are also relevant as they concern the return decision and its enforcement. In addition, the regulatory part of CESEDA includes provisions relevant for administrative procedures before other competent courts. 

A decision is considered final when the time limit for an appeal has expired without an appeal having been lodged or when there is no further appeal to be lodged.