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…
For the duration of the foreign national’s detention, the public prosecutor or the liberties and detention judge may visit the premises, check the conditions of detention and obtain the register provided for in article L. 744-2.The public prosecutor visits the detention premises whenever he or she considers it necessary and at least once a year.
At any time, the liberties and detention judge may, after having given the administrative authority the opportunity to present its observations, on his own initiative or at the request of the public prosecutor, decide to release the foreign national held in detention when the legal or factual circumstances justify it, subject to the exclusive jurisdiction of the administrative judge over the decision to hold an asylum seeker in detention.
The provisions of this section shall apply to the judgment of petitions lodged by the foreign national for the purpose of contesting the decision to place him in detention pursuant to article L. 741-10 and by the administrative authority for the purpose of extending detention pursuant to article L. 742-1 or articles L. 742-4 to L. 742-7.They also apply to the judgment of the request made by the foreign national…
The liberty and custody judge shall rule, by order, within forty-eight hours of the referral.
When a case is referred to the liberty and custody judge by the foreign national for the purpose of contesting the decision to place him/her in detention pursuant to article L. 741-10 and by the administrative authority for the purpose of extending detention pursuant to article L. 742-1, the hearing shall be common to both proceedings, which shall be decided by a single order.
The liberty and custody judge shall rule after hearing the representative of the administration, if the latter, duly summoned, is present, and the person concerned or his counsel, if he has one. .
The liberty and custody judge shall rule at the seat of the judicial court within whose jurisdiction the foreign national’s place of detention is located, unless an exception is provided for by regulation. If a courtroom allocated to the Ministry of Justice allowing him to rule in public has been specially set up in the immediate vicinity of this place of detention, he shall rule in this room.
The liberty and custody judge may decide, on a proposal from the administrative authority, that the hearings provided for in this section shall be held with the use of audiovisual telecommunication means guaranteeing the confidentiality of the transmission. A record of the operations carried out shall then be drawn up in each of the two hearing rooms open to the public. >
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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
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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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