How can refugee protection be balanced with human rights safeguards? Melissa Peifer, an asylum officer from the French Office for the Protection of Refugees and Stateless Persons (OFPRA), shared frontline insights into France's asylum system and emphasized that during the period before an asylum application is decided, France's comprehensive social welfare system ensures that applicants receive material assistance and access to basic healthcare services. She noted that this form of “subsidiary protection” reflects the humanitarian nature of the system.
Responding to discussions in Taiwan regarding whether personnel from the police system should be involved in asylum adjudication, Peifer stressed that the core purpose of an asylum interview is to understand an applicant's experience of persecution rather than to conduct an interrogation or take a formal statement. In France, such work is generally carried out by professionals with backgrounds in the humanities, social sciences, or law. Should Taiwan choose to assign such responsibilities to police personnel, she suggested that comprehensive professional training would be essential to ensure that the process remains consistent with human rights principles.
The National Human Rights Commission (NHRC) and the French Office in Taipei jointly hosted the seminar, France's Refugee Protection System: Institutional Framework and Practical Operations, on March 11. The event featured Melissa Peifer, who has extensive experience handling asylum applications and refugee status determination at OFPRA. Drawing on her practical experience, Peifer introduced the organizational structure of OFPRA, explained procedures for recognizing refugees overseas, discussed methods for effectively understanding asylum seekers' experiences of persecution and core claims, and outlined the social welfare and support measures available to applicants during the asylum process. She also shared perspectives on French society's views regarding national refugee protection policies.
In her opening remarks, NHRC Vice Chairperson Chi Hui-jung stated that the seminar formed part of the Commission's broader efforts to strengthen international exchanges on refugee issues. She noted that in its Independent Opinions on the Initial Report on the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the NHRC emphasized the need for the government to continue advancing refugee legislation. The NHRC has also recommended, in its monitoring report on implementation of the National Human Rights Action Plan (NAP), that the government establish cross-ministerial principles governing the protection of asylum seekers during the legislative transition period.
Participants raised questions regarding the fairness and rigor of refugee status determination procedures, including how cases involving potential war crimes are handled and how the quality of asylum adjudication is monitored. Peifer explained that under the French model, judicial authorities assist in determining whether an applicant may have been involved in crimes such as torture. She further noted that asylum interviews are audio-recorded in their entirety and are subject to oversight mechanisms that include random reviews and guidance provided by senior asylum officers.
Questions were also raised concerning the stability of asylum policies and public acceptance of refugee protection, including whether changes in government affect asylum policy and whether unsuccessful applicants are transferred to third countries. Peifer explained that OFPRA operates as an independent institution whose work is not affected by political transitions. She further noted that France does not maintain a policy of transferring unsuccessful asylum applicants to third countries. She added that statistical data indicate that the implementation of asylum policies has not resulted in any significant increase in crime rates. This has provided important evidence supporting public confidence and helping to maintain a positive social environment.
Regarding differences in approval rates between administrative and judicial review procedures, Peifer explained that such discrepancies may arise from differences in decision-making standards and institutional composition. For example, France's National Court of Asylum (CNDA) is composed of three judges and receives support from United Nations-appointed experts. The court focuses on assessing the consistency between an applicant's claimed persecution and the supporting evidence provided.
Participants in the seminar included Vice Chairperson Chi Hui-jung; Commissioners Yeh Ta-hua, Wang Yu-ling, Tien Chiu-chin, and Kao Yung-cheng; Control Yuan Members Fan Sun-lu and Su Li-chiung; and Vincent Yanelle, political advisor and head of press and communication of the French Office in Taipei. The discussion was lively and highly engaging. The seminar not only strengthened exchanges between Taiwan and France on refugee-related issues, but also provided valuable insights to support the NHRC's understanding of refugee policy development. The NHRC hopes that these discussions will contribute to the establishment of a humanitarian protection framework in Taiwan and looks forward to further international exchanges that will strengthen human rights protections in the future.