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French Code governing the entry and residence of foreign nationals and the right of asylum

French Code governing the entry and residence of foreign nationals and the right of asylum
- Legislative part
- Regulatory part

Article L342-6 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

The liberty and custody judge rules at the seat of the judicial court. However, if a courtroom allocated to the Ministry of Justice enabling him to rule in public has been specially arranged on the railway, port or airport right of way, he shall rule in that room.Subject to the application of Article 435 of the Code of Civil Procedure, the juge des libertés et de la détention shall rule…

Article L342-7 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

By decision of the liberty and custody judge taken on a proposal from the administrative authority, the hearings provided for in this section may be held with the use of audiovisual telecommunication means guaranteeing the confidentiality of the transmission. A record of the operations carried out shall then be drawn up in each of the two hearing rooms open to the public. >

Article L342-8 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

On pain of inadmissibility, pronounced ex officio, no irregularity prior to the hearing relating to the first extension of the holding period in the waiting area may be raised at the hearing relating to the second extension.

Article L342-9 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

In the event of a breach of the formalities prescribed by law on pain of nullity or failure to observe essential formalities, the liberty and custody judge hearing an application on this ground or who notes such an irregularity of his own motion may only order the release of the person being held in the waiting area where this irregularity has had the effect of infringing the rights of the…

Article L342-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

The existence of guarantees of representation for the foreign national is not in itself likely to justify refusal to extend his or her stay in the waiting zone.

Article L342-11 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

When an order by the liberty and detention judge puts an end to the holding in the waiting zone, it is immediately notified to the public prosecutor.The foreign national is held at the disposal of the courts for a period of ten hours from this notification, unless the public prosecutor decides otherwise.

Article L342-12 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

The orders of the liberties and detention judge referred to in this section may be appealed to the first president of the court of appeal or his delegate.The appeal may be lodged by the foreign national, the public prosecutor and the competent administrative authority.The first president of the court of appeal or his delegate is seised without form and must give a ruling within forty-eight hours of the referral.

Article L342-13 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

The appeal does not have suspensive effect.However, the public prosecutor may ask the first president of the court of appeal or his delegate to declare his appeal suspensive. In this case, the appeal, together with the request, must be lodged within ten hours of notification of the order to the public prosecutor and forwarded to the first president of the court of appeal or his delegate. The latter will decide,…

Article L342-14 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

The first president of the court of appeal or his delegate may, by reasoned order and without having first summoned the parties, reject manifestly inadmissible statements of appeal.

Article L342-15 of the French Code governing the entry and residence of foreign nationals and the right of asylum

November 8, 2023

The procedural or formal rules set out in articles L. 342-7 to L. 342-10 as well as the first paragraph of article L. 342-11 are applicable on appeal. The rules set out in articles L. 342-8, L. 342-9 and L. 342-10 are also applicable before the Cour de cassation.

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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

French Business Law

French Business Lawyers

Resources

Contacts

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

Contacts

French Business Law

French Business Lawyers

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French Code governing the entry and residence of foreign nationals and the right of asylum

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