Chapter II: REFUSAL OF ENTRY UNDER THE ASILE ACT

The decision to refuse entry into France to a foreign national who presents himself at the border and applies for the right of asylum may only be taken in the following cases: 1° The examination of the asylum application falls within the competence of another State pursuant to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 or pursuant to commitments identical to…

Unless the examination of the asylum application falls within the jurisdiction of another State, the decision to refuse entry may only be taken after consultation with the French Office for the Protection of Refugees and Stateless Persons, which gives its opinion within a time limit set by regulation and in compliance with the procedural guarantees laid down in Title III of Book V. The Office shall take into account the…

The decision to refuse entry referred to in Article L. 352-1 is written and substantiated.

A foreign national who has been refused entry to French territory on the grounds of asylum and, where applicable, a transfer decision mentioned in article L. 572-1 may, within forty-eight hours of being notified of these decisions, apply to the President of the Administrative Court to have them annulled. No other appeal may be lodged against the decision to refuse entry on the grounds of asylum and, where applicable, against…

When the foreign national challenges the decision to refuse entry, in accordance with article L. 352-4, the hearing is held on the premises of the relevant administrative court.

The president of the administrative court or the magistrate appointed for this purpose may, by reasoned order, take note of withdrawals, declare that there is no need to rule on an appeal and reject appeals that clearly do not fall within the jurisdiction of the administrative court or that are clearly inadmissible and cannot be covered during the course of the proceedings.

When a foreign national who has been refused entry to French territory on the basis of asylum lodges an appeal for annulment on the basis of article L. 352-4 in the last four days of the period of detention in the waiting area set by the last detention decision, this period is automatically extended by four days from the lodging of the appeal. This decision is recorded in the register…

The decision to refuse entry on the grounds of asylum and, where applicable, the transfer decision may not be enforced before the expiry of a period of forty-eight hours following their notification or, in the event of referral to the president of the administrative court, before the latter or the magistrate appointed for this purpose has ruled.The provisions of Title IV shall apply.

The judgement of the president of the administrative court or the judge designated by him may be appealed within fifteen days to the president of the territorially competent administrative court of appeal or a judge designated by the latter. This appeal does not have suspensive effect.If the refusal of entry on the grounds of asylum and, where applicable, the transfer decision are annulled, the foreign national’s stay in the waiting…