Section 2: Provisions applicable in the event of obstruction by the foreign national

The liberty and custody judge, to whom a request has been made pursuant to articles L. 733-7 or L. 733-8, shall give a ruling within twenty-four hours.On pain of nullity, his decision shall state the reasons on which it is based. It shall mention the address of the premises in which the inspection operations may be carried out.

The order of the liberty and custody judge authorising the visit to the foreign national’s home is enforceable for ninety-six hours on the basis of the minutes alone.It is notified on the spot to the foreign national in a language he or she understands or, failing that, to the occupant of the premises, who receives a full copy against receipt. The act of notification shall mention any appeal procedures.

Visiting operations are carried out under the supervision of the magistrate who authorised them, who may visit the premises to ensure compliance with the legal provisions. These operations may not be started before 6 am or after 9 pm. They may not, on pain of nullity, have any purpose other than the enforcement of the removal order referred to in the decision of the liberty and custody judge.A report shall…

The order referred to in article L. 733-10 may be appealed to the first president of the court of appeal or his delegate, who shall be seised without formality and shall rule within forty-eight hours from the date of seisin.The appeal shall not have suspensive effect.The first president of the court of appeal or his delegate may, by reasoned order and without having first summoned the parties, reject statements of…

The detailed rules for the application of articles L. 733-6 to L. 733-12 are set by decree in the Conseil d’Etat.