Section 3: Procedure applicable in the event of a foreign national being placed under house arrest or in detention

The provisions of this section apply when the foreign national is subject to house arrest pursuant to article L. 731-1 or to detention pursuant to article L. 741-1, including when these decisions are taken during the course of proceedings.

When the decision imposing an obligation to leave French territory is notified together with a decision on house arrest taken pursuant to article L. 731-1 or a decision on placement in detention taken pursuant to article L. 741-1, the case may be referred to the president of the administrative court within forty-eight hours of notification of these measures.

The president of the administrative tribunal, or the magistrate that he designates for this purpose from among the members of his court, or the honorary magistrates registered on the list mentioned in article L. 222-2-1 of the code of administrative justice, shall rule no later than ninety-six hours from the expiry of the time limit for appeal.In the event that the decision to place the person under house arrest or…

The foreign national may ask the president of the administrative court or the magistrate appointed for this purpose for the assistance of an interpreter and communication of the file containing the documents on the basis of which the contested decision was taken.

The president of the administrative court or the magistrate appointed for this purpose may travel to the seat of the judicial court closest to the place where the foreign national is located if the latter is placed or kept in detention.If a courtroom allocated to the Ministry of Justice enabling him/her to rule publicly has been specially set up in the immediate vicinity of this place of detention, he/she may…

The decision on house arrest taken pursuant to article L. 731-1 may be challenged under the conditions provided for in article L. 732-8.

The decision to place the person in detention may only be challenged before the liberty and custody judge, in accordance with the provisions of article L. 741-10.In this case, the liberty and custody judge shall immediately inform the territorially competent administrative court, by any means, of the meaning of his decision. Failure to comply with the provisions of this paragraph shall have no effect on the legality and validity of…