Section 3: Application for suspension of removal until expiry of the time limit for appeal or in the event of an appeal to the Cour nationale du droit d'asile (National Asylum Court)

In the event of a rejection or inadmissibility decision by the French Office for the Protection of Refugees and Stateless Persons, the foreign national may, within forty-eight hours of being notified of this decision, apply to the president of the administrative court to suspend enforcement of the removal until the expiry of the time limit for appealing to the Cour nationale du droit d’asile or, if the matter is referred…

The actual removal of the foreign national may not take place during the forty-eight hour period referred to in article L. 753-7 or, in the event of a referral to the president of the administrative court, before the latter or the designated magistrate has ruled.

The president of the administrative tribunal, or the magistrate he appoints for this purpose from among the members of his court, or the honorary magistrates entered on the list mentioned in Article L. 222-2-1 of the Code of Administrative Justice, shall rule under the conditions provided for in Articles L. 614-7 to L. 614-13.

The president of the administrative court or the designated magistrate shall grant the foreign national’s application where the foreign national presents serious evidence of such a nature as to justify, on the basis of his asylum application, his remaining in the territory while his appeal is being examined by the court.

The suspension of removal does not put an end to the foreign national’s house arrest or detention, which shall continue under the conditions and within the limits laid down in this book.