When the voluntary obstruction of a foreign national placed under house arrest pursuant to articles L. 731-1, L. 731-3, L. 731-4 or L. 731-5 hinders the automatic enforcement of the removal decision, the administrative authority may, after duly noting this obstruction, ask the liberties and detention judge to authorise it to request the police or gendarmerie units to visit the foreign national’s home. The purpose of this visit is to ensure that the foreign national is present, to enable him or her to be effectively removed or, if departure is not possible immediately, to notify him or her of a decision to place him or her in detention.
For the application of the first paragraph, the liberty and custody judge shall ensure that the removal decision that the application seeks to enforce is enforceable and that the foreign national is voluntarily obstructing its enforcement. This obstruction results in particular from the foreign national’s failure to respond to the request to be presented for the purposes of enforcing the removal order. In this case, the procedure set out in articles L. 733-9 to L. 733-12 will apply.