Paragraph 3: Dismissal of a statement of appeal without a hearing

When the first president of the court of appeal or his delegate considers rejecting a statement of appeal as manifestly inadmissible, he shall by all means obtain the observations of the parties on this inadmissibility.In particular, statements of appeal lodged late and statements of appeal that are not reasoned are manifestly inadmissible within the meaning of the first paragraph of article L. 743-23. .

When the first president of the court of appeal or his delegate considers rejecting a statement of appeal in application of the second paragraph of article L. 743-23, he shall by any means obtain the parties’ observations on the absence of new factual or legal circumstances since the administrative detention or its renewal, or on the inoperative nature of the elements provided by the foreign national.

The decision declaring the appeal inadmissible in the case provided for in article R. 743-14 or rejecting the statement of appeal in the case provided for in article R. 743-15 shall be handed down by the first president of the court of appeal or his delegate within forty-eight hours of its referral. This time limit is calculated and extended in accordance with articles 640 and 642 of the Code of…

The order is communicated to the public prosecutor. It shall be notified by any means and as soon as possible to the foreign national and his counsel, if he has one, as well as to the authority that ordered the detention, who shall acknowledge receipt of it. >