In accordance with article L. 264-1, the provisions of articles L. 752-1 to L. 752-12, L. 753-1 to L. 753-12, L. 754-1 and L. 754-3 to L. 754-8 are applicable to foreign nationals whose situation is governed by Book II.
This chapter determines the measures applicable to foreign nationals who are the subject of a request to be taken into care or taken back into care, pursuant to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013, or of a transfer decision pursuant to Article L. 572-1.
A foreign national who is the subject of a request to take charge or take back may be placed under house arrest by the administrative authority for the time strictly necessary to determine the State responsible for examining his asylum application.Where a requested State has refused to take charge of or take back the foreign national, the house arrest imposed pursuant to this article shall be terminated immediately, unless a…
Aforeign nationals placed under house arrest pursuant to article L. 751-2 may be placed in detention pursuant to article L. 751-9 if they present a non-negligible risk of absconding as defined in article L. 751-10.
In the event of house arrest pursuant to article L. 751-2, the provisions of articles L. 572-7, L. 732-1, L. 732-3, L. 732-7, L. 733-1 to L. 733-4 and L. 733-8 to L. 733-12 shall apply.However, for the purposes of the second paragraph of article L. 732-3, house arrest shall be renewable three times.Failure to comply with the requirements associated with house arrest shall be punished in accordance with the…
Foreign nationals placed under house arrest in application of article L. 751-2 must appear when summoned by the administrative authority, respond to requests for information and attend the interviews scheduled as part of the procedure for determining the State responsible for examining their asylum application or enforcing the transfer decision. The administrative authority may require the foreign national to surrender his or her passport or any document proving his or…
A foreign national who is the subject of a transfer decision and who can prove that it is impossible to leave the country or that he or she can neither return to his or her country of origin nor travel to any other country may be authorised to remain on French territory by the administrative authority placing him or her under house arrest until there is a reasonable prospect of…
In the event of house arrest pursuant to Article L. 751-6, the provisions of Articles L. 732-1, L. 732-4, L. 733-1 to L. 733-4 and L. 733-8 to L. 733-12 shall apply.Failure to comply with the requirements associated with house arrest shall be punished in accordance with the conditions laid down in Articles L. 824-4 and L. 824-5.
The detailed rules for the application of articles L. 751-2, L. 751-3, L. 751-4 and L. 751-6 are set by decree in the Conseil d’Etat.
The administrative authority may detain, for a period of forty-eight hours, a foreign national who is the subject of a request to be taken into care or taken back into care in order to prevent a non-negligible risk of absconding as defined in article L. 751-10, insofar as the detention is proportionate and if the provisions of article L. 751-2 cannot be effectively applied.The foreign national who is the subject…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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