ANNEX 3 MENTIONED IN ARTICLES R. 142-13, R. 142-14, R. 142-18, R. 142-21, R. 414-5 AND R. 431-1
PERSONAL DATA WHICH MAY BE RECORDED IN THE AGDREF2 AUTOMATED PROCESSING SYSTEM PROVIDED FOR IN ARTICLE R. 142-11-MENTIONS APPEARING ON DOCUMENTS-DATA CONTAINED IN ELECTRONIC COMPONENTS
I. Categories of personal data and information likely to be recorded:
A. General data:
1° Civil status of the foreign national; nationality;
2° AGDREF2 number and other administrative file numbers;
3° Password chosen by the user;
4° For holders of a travel document: height, eye colour;
5° References of identity and travel documents held and entry visa issued;
6° Family reunification: civil status, country of residence and address of the beneficiary parent;
7° Civil status of the minor foreign child whose parents are the subject of a removal decision;
8° Civil status and filiation of the minor French child whose parents are applying for a residence permit as the parent of a French child.
9° Civil status and address of the guarantor;
10° Civil status and address of the person responsible for the foreign minor;
11° Family situation (marital status, number of French and non-French children, parentage, spouse’s civil status and nationality, date and place of marriage and references of the marriage certificate, effectiveness of the cohabitation declared to the administration, relationship and indication of the nature of the relationship [spouse, ascendant, descendant] with another person listed in the application);
12° Highest level of diploma obtained (diploma, date and establishment of issue), for student residence permits: course of study;
13° Full address, name of accommodation provider; previous address; country of previous residence;
14° Acceptance of the accommodation arrangement by the asylum seeker;
15° E-mail address, telephone, languages spoken;
16° Signature of the holder of the residence permit and travel document;
17° Scanned image of the signature.
B. Data relating to the right of residence, the right to work and the travel document:
1° Residence permit: legal and management references (dates, places) of the application, issue, refusal and withdrawal; date and condition of entry into France; history of permits held;
2° Opinion of the panel of doctors in the medical department of the French Office for Immigration and Integration on whether the foreign national applying for a right of residence meets the criteria relating to his or her state of health: meaning of the opinion, consequences of exceptional seriousness resulting from the lack of medical care, possibility of actually receiving appropriate treatment having regard to the supply of care and the characteristics of the health system in the country of origin or return; authorised stay in the country, authorised stay of removal, ability to travel;
3° Family reunification: opinion of the mayor or the Office français de l’immigration et de l’intégration on the adequacy of resources to the number of dependents and on the cleanliness and adequacy of the surface area of the accommodation to the size of the family;
4° Satisfaction of the resources condition required for the granting of certain residence permits;
5° Condition of integration: meaning of the opinion of the mayor of the municipality of residence on the foreign national’s compliance with the conditions of republican integration; meaning of the opinion of the mayor of the municipality of residence on the foreign national applying for family reunification’s compliance with the essential principles which, in accordance with the laws of the Republic, govern family life in France, host country ; date of signature of the reception and integration contract; compliance with the conditions set out in the contract; meaning of the opinion of the departmental directorate for social cohesion following a social investigation;
6° Right to work : ROME code, occupation code and socio-professional category, start and end date of the work authorisation, geographical limits of the work authorisation, employer, number of hours of work provided for in the contract;
7° Result of the search of section B2 of the criminal record (none, non-none); date of registration;
8° References of the exit/return visa issued;
9° References of the refugee travel document, stateless person travel document, identity and travel document and safe-conduct document;
10° Date and nature of the assisted return decision; expected date of departure;
11° Reference to receipts and decisions of the French Office for the Protection of Refugees and Stateless Persons and the National Court of Asylum;
12° Temporary protection membership group; data relating to the administrative management of the application for transfer, family reunification or readmission of beneficiaries of temporary protection within the European Union and the civil status of family members ;
13° References for the procedure for access to French nationality;
14° Amount and date of payment of fees for which the foreign national is liable;
15° Unique identifier for the dematerialised stamp;
16° Reservation number linked to the purchase of the dematerialised stamp.
C. Data relating to the removal procedure:
1° Data relating to the removal decision:
a) Reason for apprehension (breach of aliens legislation or other offence); date and time of apprehension, apprehending service, reference of report; extension of police custody;
b) Nature of removal decision; date and number; authority issuing the decision; provision applied;
c) For administrative measures, date and time of notification;
d) For expulsion decisions, date of expulsion commission meeting, authority notifying the decision; bulletin of notification of initiation of expulsion proceedings: date/ date of notification; meaning of the commission’s opinion; date of notification; absolute urgency procedure indicator;
e) Decision setting the country of return for judicial exclusion orders and expulsion decisions (competent administrative authority, adversarial procedure: date and comment indicator, date of decision, country of return);
f) For decisions to surrender to the authorities of another EU Member State, date of application, State requested, type of readmission, opinion of the State requested;
g) For judicial exclusion orders, date of request for enforcement; deadline; requests for pardon or lifting (date and meaning of decision, jurisdiction);
h) Prefecture responsible for enforcing the removal order;
i) Repeal of expulsion orders: date of application; indicator for consultation of expulsion commission; date of notification of initiation of procedure; date of meeting; meaning of opinion; date of notification of opinion; date, meaning and date of notification of decision; date and result of five-year review;
j) Cancellation of expulsion decision: date, jurisdiction; in the event of an appeal: date, jurisdiction, decision;
k) For re-entry bans, date of the decision, start and end dates of the ban period, date of request for repeal, date of repeal, date of contentious annulment.
l) For driving bans on French territory, date of the decision, start and end dates of the ban period, date of request for repeal, date of repeal, date of contentious cancellation.
2° Data relating to judicial procedures implemented in the context of removal:
a) Evasion of the enforcement of a removal order (place, date and time of the official report recording the intention to evade, police service in charge of the procedure, procedure for informing the public prosecutor, measure taken by the judicial authorities);
b) Litigation appeals (type of appeal, court seised, date and time of appeal, date and time of hearing, decision);
c) Appearance before the liberty and custody judge for the purpose of extending administrative detention (request for extension, date, time and place of appearance, address of the registry of the competent tribunal de grande instance);
d) Decision of the liberty and custody judge (extension of detention, refusal to extend, house arrest, date and time of order);
e) Conditions of the house arrest (place of arrest, place and frequency of checks, date of end of arrest, prefecture in charge of monitoring);
f) Appeal procedure (authority or person initiating the appeal, date and time of the request, date and time of the hearing, decision);
g) Refusal to identify the foreign national (date, time and place of refusal, competent police department and public prosecutor’s office, date of presentation to the public prosecutor’s office, decision by the public prosecutor’s office, date and place of presentation to the judicial court, decision by the court);
h) Failure to comply with a house arrest (date and time of the report of failure to comply, date and time of the last check, procedure for informing the public prosecutor’s office).
3° Data relating to foreign nationals subject to a removal order while in detention:
c) Pre-trial detention or detention following conviction;
d) Date sentence began and ended;
e) Remission of sentence (reason, duration of remission);
f) Transfer of foreign national (date, time and destination establishment).
4° Data relating to administrative detention:
a) Place of detention;
b) Register number corresponding to the file of the foreign national placed in detention;
c) Date and time of notification of rights;
d) Allocation of a room and bed;
e) Luggage placed in locker (register and locker number, details and condition of luggage, date of return of luggage);
f) Property placed in the safe (register and safe number, list of valuables and discarded items, date of deposit and return);
g) Items left at the detainee’s disposal;
h) Money movements (register number, details of cash, date and time of withdrawal and deposit of funds);
i) Record of incidents at the centre or detention premises (date, time, circumstances).
5° Data relating to the administrative and operational management of the removal:
a) Placement in administrative detention (date and time of pronouncement and notification of the prefectoral decision, place of placement, date and time of start and end of detention, date and time of a transfer from one place of detention to another place of detention);
b) Prefectoral or ministerial decision on house arrest (date and time of notification of the order, place of house arrest [home, address, town, department]), frequency and place of checks; reference, reason, duration; in the event of non-compliance: date and time of report of failure to comply, date of last check, date of referral to the public prosecutor;
c) Asylum application (date and time of registration of the application, date and time of the decision to keep the applicant in detention, any summons by the French Office for the Protection of Refugees and Stateless Persons, decision by the Office and date of notification of the decision);
d) Hospitalisation (date and time of admission, details of hospital establishment, date and time of discharge);
e) Medical assessments (date and time of the assessment, address of the assessment site, action taken following the assessment);
f) Transfer escorts (movement number, type of exit and escort, purpose of the mission, planned and actual date and time of departure and arrival, cities of departure and arrival, service requested, identity of the officials making up the escort, means of transport used) ;
g) Reservation of the international means of transport (place of detention, State of destination, means of transport requested, removal order concerned, enforceability of the order, possible dates of removal, service responsible for transport to the place of embarkation, foreign national likely to be refused embarkation or who has already been the subject of legal proceedings in this respect, need to provide an escort, family accompaniment and identity of the persons concerned);
h) Release of the detained or imprisoned foreign national (authority responsible for the act, date and time, reason for release);
i) Actual removal (place, date and time of departure, means of transport and company used, transits, town and country of destination, presence of an escort);
j) Application for a consular laissez-passer (consulate approached, date of request for consular identification or presentation, date and time of presentation, types of identity documents supplied addressed, reply from the consulate and payment of any chancery fees) ;
k) Need for special surveillance with regard to public order or the protection of the individual concerned; manifest or expressed desire on the part of the foreign national to obstruct his or her removal (Y/ N).
D. Data relating to foreign nationals declaring themselves to be minors and temporarily or permanently deprived of the protection of their family and assessed as having reached majority by the President of the Departmental Council pursuant to the provisions of Articles L. 221-2-2 and R. 221-11 of the Social Action and Family Code:
1° Commune to which the person concerned is attached or address of the reception organisation with which the person is domiciled;
2° Departmental council responsible for the assessment;
3° Date and conditions of entry into France;
4° Procedure number assigned by AEM processing and procedure number of the child welfare service;
5° Date of completion of the assessment by the president of the departmental council;
6° Result of this decision, in particular the indication of majority;
7° Existence of a referral to the judicial authority by a person assessed as being of age and date of the educational assistance measure when such a measure is ordered;
8° Date of notification to the departmental prefect and, in Paris, to the police prefect of the date of completion of the assessment by the president of the departmental council or of the referral by the president of the judicial authority.
II. Particulars appearing on the residence or travel permit or the movement document:
A. Particulars appearing on the residence permit:
1° On the front: AGDREF2 number, permit number, surname, first name, expiry date or indication of unlimited validity, place of issue, date of start of validity, indication of residence permit (permit category), work authorisation, date of issue, holder’s signature, passport photograph;
2° On the back: date of birth, place of birth, nationality, gender, address.
B. Entries on travel documents:
1° Refugee travel document (TVR):
a) Nature of travel document;
b) Civil status;
c) Date and place of birth;
d) Sex;
e) Eye colour;
f) Height;
g) Address;
h) Date of issue; Expiry date;
i) Country of origin of the person concerned;
j) Excluded countries;
k) Issuing authority;
l) Travel document number;
m) Signature of the holder;
n) AGDREF2 number.
2° Travel document for stateless persons (TVA): the data mentioned are those listed in 1°, with the exception of j;
3° Identity and travel document (TIV): the data mentioned are those listed in 1°.
C. Particulars appearing on travel documents:
1° Travel documents and republican identity papers issued to minors:
a) On the front:
-Nature of document;
-Number of document;
-Number AGDREF2;
-Marital status;
-Date and place of birth;
-Sex;
-Nationality;
-Address;
-Duration of validity of the document;
-Date of issue;
-Authority of issue.
b) On the reverse:
-Photograph of the holder;
-Signature of the authority issuing the document;
-Signature of the holder if, on the day of application, the holder is at least seven years old or signature of the person who applied for the document if, on the day of application, the holder is less than seven years old.
2° Carte de frontalier :
a) On the front:
-Category of document: carte de frontalier;
-Number of document;
-AGDREF2 number;
-Photograph;
-Marital status;
-Start and end dates of validity;
-Authority of issue;
-Note area: “authorisation to stay for maximum periods of 72 hours within the limits of the market town of Saint-Georges de l’Oyapock”;
-Signature of the holder.
b) On the reverse:
-Date and place of birth;
-Nationality;
-Sex;
-Address.
III. Data contained in the electronic components:
A. Data contained in the electronic component of the residence permit (TSE):
The data contained is that mentioned in A of II of this Annex (information appearing on the residence permit), as well as the digitised images of two fingerprints.
B. Data contained in the component of the travel document valid for more than one year:
Digitised images of his/her photograph and two fingerprints.
C. Data contained in the electronic component of the border card:
The data are those listed in 2° of C of II of this Annex (information appearing on the border card) as well as the digitised images of two fingerprints.
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