The administrative authority may place under house arrest, for the purposes of rapid processing and effective monitoring of their asylum application, foreign nationals whose right to remain has ended pursuant to b or d of 1° of article L. 542-2 and who are subject to a decision imposing an obligation to leave French territory.
The administrative authority may detain the foreign national referred to in article L. 752-1, provided that detention is necessary to determine the elements on which his asylum application is based, in particular to prevent a risk of evading enforcement of the removal decision assessed according to the same criteria as those provided for in article L. 612-3 or when the protection of national security or public order so requires.
In the event of house arrest pursuant to article L. 752-1, the provisions of articles L. 732-1, L. 732-3, L. 732-7, L. 733-1, L. 733-2 and L. 733-3 are applicable.Failure to comply with the requirements associated with house arrest is punishable under the conditions laid down in articles L. 824-4 and L. 824-5.
In the event of detention pursuant to Article L. 752-2, the provisions of Articles L. 741-3 to L. 741-10, as well as the provisions of Chapters II, III and IV of Title IV, shall apply. The provisions of Articles L. 741-3 to L. 741-10, as well as the provisions of Chapters II, III and IV of Title IV, shall apply.
A foreign national whose right to remain in France has ended in application of b or d of 1° of article L. 542-2 and who is the subject of a decision imposing an obligation to leave French territory may, under the conditions set out in this section, apply to the administrative court to suspend the enforcement of this decision until the expiry of the time limit for appeal to the…
Where the court has not yet ruled on the appeal for annulment lodged against the decision imposing an obligation to leave French territory pursuant to article L. 614-1, the foreign national may apply to the court already seised to suspend enforcement of this decision.
When the decision imposing an obligation to leave French territory, notified prior to the decision of the French Office for the Protection of Refugees and Stateless Persons, has become final, a foreign national who, subsequent to the decision of the Office, is subject to house arrest, or of placement in administrative detention under the conditions provided for in Titles III and IV with a view to enforcing this decision imposing…
The actual removal of the foreign national may not take place during the forty-eight hour period referred to in article L. 752-7 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 on the list mentioned in Article L. 222-2-1 of the Code of Administrative Justice rules under the conditions provided for in Articles L. 614-7 to L. 614-13.
The procedures for applying Articles L. 752-7 to L. 752-9, and in particular the procedures for taking into account the vulnerability of asylum seekers and, where applicable, their special needs, are laid down by decree in the Conseil d’Etat.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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