The continuation of detention beyond forty-eight hours from notification of the initial placement decision may be authorised, under the conditions laid down in this Title, by the liberties and detention judge to whom the administrative authority has referred the matter for this purpose.
The foreign national is kept at the disposal of the courts, under conditions set by the public prosecutor, for the time strictly necessary for the hearing to take place and for the order to be made. .
If the judge orders that detention be extended, it shall run for a period of twenty-eight days from the expiry of the forty-eight hour period referred to in article L. 741-1.
The liberty and custody judge may, under the same conditions as in article L. 742-1, be referred to again for the purpose of extending the period of detention beyond thirty days, in the following cases:1° In the event of absolute urgency or a particularly serious threat to public order;2° Where the impossibility of enforcing the removal decision results from the loss or destruction of the person concerned’s travel documents, the…
In exceptional cases, the matter may again be referred to the liberty and custody judge for the purpose of extending the period of detention beyond the maximum period provided for in article L. 742-4, when one of the following situations arises in the last fifteen days:1° The foreign national has obstructed the automatic enforcement of the removal decision;2° The foreign national has submitted, with the sole aim of thwarting the…
As an exception to article L. 742-4, the judge responsible for freedoms and detention may also be asked to extend the period of detention beyond thirty days if the foreign national has been sentenced to deportation for acts of terrorism covered by Title II of Book IV of the Penal Code or if he or she is the subject of a deportation order issued for behaviour linked to terrorist activities…
In exceptional circumstances, the matter may again be referred to the liberty and custody judge for the purpose of extending the period of detention beyond the maximum period provided for in article L. 742-6, under the conditions provided for in article L. 742-5. In this case, the maximum period of detention shall not exceed two hundred and ten days. .
After the detention extension hearings provided for in this chapter, the foreign national may request that his detention be terminated by referring the matter to the liberty and detention judge. However, the decision to keep an asylum seeker in detention as provided for in article L. 754-3 may only be challenged before the administrative judge.The decision shall be made in accordance with the procedure provided for in articles L. 743-3,…
If the removal decision is overturned by the administrative judge, the foreign national’s detention is immediately terminated. A temporary residence permit will be issued until the administrative authority has made a new decision on the foreign national’s case.
When detention is terminated for a reason other than the annulment, repeal or withdrawal of the removal, administrative ban on entry or transfer decision, a reminder of the obligation to comply with this decision is sent to the foreign national by the liberty and custody judge or by the administrative authority.The foreign national may then be placed under house arrest pursuant to article L. 731-1.Failure to comply with the provisions…
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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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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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