Paragraph 2: Appeals

The order of the liberty and custody judge authorising the visit to the foreign national’s home may be appealed to the first president of the court of appeal, within twenty-four hours of its notification, by the foreign national or by the administrative authority.

On pain of inadmissibility, the statement of appeal shall state the grounds on which it is based. It shall be transmitted by any means to the registry of the court of appeal, which shall register it, mentioning the date and time.The registrar of the court of appeal shall immediately notify the registrar of the judicial court, who shall transmit the file to him without delay.

When the first president of the court of appeal or his delegate considers dismissing the statement of appeal as manifestly inadmissible, he shall by any 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 article L. 733-12. .

When the first president of the court of appeal or his delegate does not intend to dismiss the statement of appeal as manifestly inadmissible, the clerk of the court of appeal informs the parties and the public prosecutor of the date and time of the hearing on the merits.The administrative authority, the foreign national’s lawyer and the foreign national himself may ask to be heard at the hearing. The administrative…

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 administrative authority, who shall acknowledge receipt of it.