French Business Law - French Legislation

Article R342-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

The order of the liberty and detention judge may be appealed to the first president of the court of appeal or his delegate, within twenty-four hours of its pronouncement, by the foreign national, the departmental prefect and, in Paris, the police prefect. If the foreign national does not attend the hearing, the time limit runs from the date of notification. The time limit thus provided for is calculated and extended…

Article R342-11 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

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.

Article R342-12 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

When the public prosecutor intends to ask the first president of the court of appeal to declare the appeal suspensive, he must lodge an appeal within ten hours of the order being handed down. It shall notify the declaration of appeal, immediately and by any means, to the administrative authority, to the foreign national and, where applicable, to his lawyer, who shall acknowledge receipt thereof.The notification shall state that observations…

Article R342-13 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

The first president of the court of appeal or his delegate shall rule on the request to declare the appeal suspensive, after the foreign national or his counsel has been given the opportunity to submit his observations, in accordance with the procedures defined in article R. 342-10.The decision of the first president or his delegate on the suspensive nature of the appeal is brought to the attention of the foreign…

Article R342-14 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

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. .

Article R342-15 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

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.

Article R342-16 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

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.

Article R342-17 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

When the first president of the court of appeal or his delegate does not intend to reject, pursuant to article L. 342-14, the declaration of appeal without a hearing, 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.

Article R342-18 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

The First President of the Court of Appeal or his delegate shall rule on the merits of the case within forty-eight hours from the date of referral. This time limit shall be calculated and extended in accordance with articles 640 and 642 of the Code of Civil Procedure.The order shall be communicated to the public prosecutor. It is notified on the spot to the foreign national and his or her…

Article R342-19 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 7, 2023

The order of the first president of the court of appeal or his delegate is not subject to opposition.An appeal in cassation is open to the foreign national, the prefect of the department or, in Paris, the police prefect and the public prosecutor.

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Section 3: Appeal procedures

Article R342-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-11 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-12 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-13 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-14 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-15 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-16 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-17 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-18 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Article R342-19 of the French Code governing the entry and residence of foreign nationals and the right of asylum

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Section 3: Appeal procedures

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Contact a French Business Lawyer

Do you need French-law advice? Contact our Lawyers in France.

Our attorneys will contact you promptly within 24h. All information exchanged through this website will be communicated to attorneys only, and will remain confidential.

We Solve Legal & Tax Issues in France

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