In accordance with article R. 264-1, the provisions of articles R. 741-1 to R. 741-3, R. 742-1, R. 742-2, R. 743-1 to R. 743-22 and R. 744-1 to R. 744-47 are applicable to foreign nationals whose situation is governed by Book II.
The authority competent to order the administrative detention of a foreign national is the departmental prefect and, in Paris, the police prefect.
The prefect who has placed the foreign national in detention exercises the powers relating to the removal decision, which he enforces until the end of the procedure initiated, regardless of where the foreign national in question is held in detention.
The matter shall be referred to the liberties and detention judge by the foreign national challenging the legality of the decision to place him or her in administrative detention by simple petition, under the conditions provided for in Chapter III, before the expiry of the period mentioned in article L. 741-10.The petition shall be sent by any means to the registry of the court with jurisdiction pursuant to article R….
The matter shall be referred to the liberty and custody judge for the purposes of extending the detention period by simple request from the administrative authority, under the conditions laid down in Chapter III, before the expiry, as appropriate, of the forty-eight hour period referred to in article L. 742-1 or the extension period ordered pursuant to articles L. 742-4, L. 742-5, L. 742-6 or L. 742-7.The application is sent…
The matter shall be referred to the juge des libertés et de la détention (liberty and custody judge) by the foreign national who requests that his or her detention be terminated pursuant to article L. 742-8 by simple petition, under the conditions laid down in chapter III.The petition shall be sent by any means to the registry of the court with jurisdiction pursuant to article R. 743-1.
For the application of articles L. 743-3 to L. 743-18, the competent liberties and detention judge is that of the judicial court within whose jurisdiction the foreign national is held in detention or assigned to residence.However, the liberties and detention judge competent to rule on the continued detention of a foreign national in the case provided for in article L. 742-6 is that of the Paris judicial court. This judge…
On pain of inadmissibility, the application shall state the grounds on which it is based, be dated and signed, as appropriate, by the foreign national or his representative or by the administrative authority that ordered the detention.When the application is made by the administrative authority, it shall be accompanied by any useful supporting documents, in particular a copy of the register provided for in article L. 744-2.When the application is…
On receipt of the application, the court clerk registers it and stamps it and any attachments with the date and time of receipt.He immediately notifies by any means the administrative authority that ordered the detention, the public prosecutor, the foreign national and his or her lawyer, if any, of the day and time of the hearing set by the liberty and custody judge.
The application and the documents attached to it are, as soon as they arrive at the registry of the judicial court, made available to the foreign national’s lawyer and to the administrative authority. They may also be consulted there, before the opening of the proceedings, by the foreign national himself, assisted, if necessary, by an interpreter if he does not speak sufficient French.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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