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

When the first president of the court of appeal or his delegate considers dismissing the statement of appeal as manifestly inadmissible, he shall by all means obtain the parties’ observations on this point.In particular, statements of appeal lodged late and statements of appeal that are not reasoned are manifestly inadmissible within the meaning of article L. 342-14. .

The decision declaring the appeal inadmissible shall be handed down by the First President or his delegate within forty-eight hours of the appeal being referred to him. This time limit is calculated and extended in accordance with articles 640 and 642 of the Code of Civil Procedure.

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.