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

Article L731-1 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority may place under house arrest a foreign national who cannot immediately leave French territory but whose removal remains a reasonable prospect, in the following cases:1° The foreign national is the subject of a decision imposing an obligation to leave French territory, taken less than one year previously, for which the period for voluntary departure has expired or has not been granted;2° The foreign national must be removed…

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Article L731-2 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Aforeign nationals placed under house arrest pursuant to article L. 731-1 may be detained pursuant to article L. 741-1, where they no longer present effective guarantees of representation to prevent a risk of evading enforcement of the removal decision, assessed according to the same criteria as those laid down in article L. 612-3.The detailed rules for the application of this section are laid down by decree in the Conseil d’Etat.

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Article L731-3 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority may authorise a foreign national who proves that it is impossible to leave French territory or that he/she is unable to return to his/her country of origin or to go to any other country, to remain temporarily in the territory by placing him/her under house arrest until there is a reasonable prospect of his/her obligation being fulfilled, in the following cases:1° The foreign national is the subject…

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Article L731-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority may place foreign nationals subject to an unenforced expulsion order under house arrest if their state of health requires medical care, the lack of which could have exceptionally serious consequences for them, and if, in view of the healthcare available and the characteristics of the healthcare system in the country of return, they would not be able to receive appropriate treatment there.

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Article L731-5 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority may, as a probationary and exceptional measure, place under house arrest a foreign national who is the subject of an expulsion decision issued pursuant to article L. 631-2.The administrative authority may revoke its decision at any time in the event of a breach of the obligations and requirements associated with the house arrest provided for in articles L. 733-1 and L. 824-4 to L. 824-7, as well…

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