A Syrian refugee attacked young children and adults with a knife on Thursday at a playground in Annecy. A news item that raises the question of traffic conditions within European borders.
The author of the knife attack in a playground in Annecy which left six injured, including four children, is a Syrian national who came to France after ten years in Sweden. Abdalmasih H. had applied for asylum last November, after having resided in Sweden for ten years. What are the circulation rules within the Schengen Area for foreigners?
>> Knife attack in Annecy: “We’re going to need a lot of love”, write Annecy residents who came to gather at the scene of the tragedy
What justifies an asylum application?
Anyone who considers themselves in danger in their country of origin can apply for asylum. In France, you have to go to the prefecture to register the application and send it to the French Office for the Protection of Refugees and Stateless Persons (Ofpra), which will examine it. The asylum seeker is then received during an interview to explain his story, the risks he runs in his country. This was the case for Abdalmasih H. who had been heard.
The Ofpra then decides whether or not to grant refugee status or subsidiary protection which then allows you to stay in France. In the event of a refusal, the asylum seeker may request a re-examination of his file within one month of the decision. In the event of a new refusal, the asylum seeker no longer has the right to stay in France. The prefecture can issue an OQTF, an obligation to leave French territory
In the case of Abdalmasih H., the Ofpra had ruled on April 26 the case inadmissible because he had already had refugee status in another country of the European Union since 2013, Sweden. The notification of refusal had reached him on June 4, four days before the attack. He therefore had one month to appeal.
Does refugee status give the right to move around Europe?
Yes, from the moment a person has obtained refugee status in a country of the European Union, he then benefits from freedom of movement within the Schengen area which includes the European Union and other countries. European countries such as Iceland, Switzerland or Norway.
This freedom of movement is guaranteed by the European treaties but must respect certain conditions. For example, for short stays, those of less than three months, it is sufficient to present an identity document or a residence permit as well as proof of accommodation in the event of an inspection. On the other hand, for longer stays, those of more than three months, the refugee must apply for a visa in the country concerned, otherwise he will be considered as being in an irregular situation at the end of these three months.
Can a refugee settle permanently in another EU country?
This is possible but only in a few cases: in the event of a job offer, for example, or even if the person has a strong tie with the country like a member of his family who lives there. He can then ask the Ofpra to become a refugee in France. But he must justify his request, and the host country has the right to refuse.