Book VII: ENFORCEMENT OF REMOVAL DECISIONS

The asylum application of a foreign national placed or held in detention is inadmissible if it is made more than five days after the foreign national has been notified of his or her asylum rights under the conditions set out in article L. 744-6. However, this inadmissibility may not be invoked against a foreign national who, in support of his application, invokes facts that occurred after the expiry of this…

When a foreign national placed or held in detention submits an application for asylum, the administrative authority may proceed, during detention, to determine the State responsible for examining this application in accordance with article L. 571-1 and, where applicable, to carry out the transfer automatically under the conditions provided for in article L. 751-13.

If France is the State responsible for examining the asylum application and if the administrative authority considers, on the basis of objective criteria, that this application is being made for the sole purpose of preventing the enforcement of the removal decision, it may decide to keep the foreign national in detention for the time strictly necessary for the French Office for the Protection of Refugees and Stateless Persons to examine…

The foreign national may apply to the president of the administrative court to have the detention decision provided for in article L. 754-3 annulled within forty-eight hours of being notified, in order to contest the reasons given by the administrative authority for considering that his or her asylum application was submitted for the sole purpose of thwarting the enforcement of the removal decision.

With the exception of the cases mentioned in b and c of 2° of Article L. 542-2, the removal decision may not be enforced before the French Office for the Protection of Refugees and Stateless Persons has issued its decision or, in the event of a referral to the president of the administrative court, before the latter or the magistrate appointed for this purpose has ruled.

Asylum applications submitted under this chapter are examined by the French Office for the Protection of Refugees and Stateless Persons under the accelerated procedure, in accordance with 3° of Article L. 531-24.

The detention is terminated if the French Office for the Protection of Refugees and Stateless Persons considers that it cannot examine the application under the accelerated procedure mentioned in article L. 754-6 or if it recognises the foreign national as a refugee or grants him or her the benefit of subsidiary protection.

With the exception of Article L. 754-1, the procedures for applying this chapter, and in particular the procedures for taking account of the vulnerability of asylum seekers and, where applicable, their special needs, are laid down by decree in the Conseil d’Etat.