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Article L741-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority may detain, for a period of forty-eight hours, a foreign national who is in one of the cases provided for in article L. 731-1 when he or she does not present effective guarantees of representation to prevent a risk of evading the enforcement of the removal decision and no other measure appears sufficient to effectively guarantee the enforcement of this decision.The risk referred to in the first…

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Article L741-6 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The decision to place the foreign national in detention is taken by the administrative authority, after the foreign national has been questioned or, where applicable, during his detention for the purposes of verifying his right to move or reside, at the end of his police custody, or at the end of his period of incarceration in the case of detention. It shall be in writing and state the reasons on…

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Article L741-7 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The decision to place the foreign national in detention may not be taken before seven days have elapsed since the end of a previous detention order made with a view to enforcing the same measure. However, if this previous detention was terminated due to the foreign national’s evasion of the surveillance measures to which he or she was subject, the administrative authority may decide on a new detention order before…

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