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

Article L741-7 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The decision to place the foreign national in detention may not be taken before seven days have elapsed since the end of a previous detention order made with a view to enforcing the same measure. However, if this previous detention was terminated due to the foreign national’s evasion of the surveillance measures to which he or she was subject, the administrative authority may decide on a new detention order before…

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Article L742-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The liberty and custody judge may, under the same conditions as in article L. 742-1, be referred to again for the purpose of extending the period of detention beyond thirty days, in the following cases:1° In the event of absolute urgency or a particularly serious threat to public order;2° Where the impossibility of enforcing the removal decision results from the loss or destruction of the person concerned’s travel documents, the…

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Article L742-5 of the French Code governing the entry and residence of foreign nationals and the right of asylum

In exceptional cases, the matter may again be referred to the liberty and custody judge for the purpose of extending the period of detention beyond the maximum period provided for in article L. 742-4, when one of the following situations arises in the last fifteen days:1° The foreign national has obstructed the automatic enforcement of the removal decision;2° The foreign national has submitted, with the sole aim of thwarting the…

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Article L742-6 of the French Code governing the entry and residence of foreign nationals and the right of asylum

As an exception to article L. 742-4, the judge responsible for freedoms and detention may also be asked to extend the period of detention beyond thirty days if the foreign national has been sentenced to deportation for acts of terrorism covered by Title II of Book IV of the Penal Code or if he or she is the subject of a deportation order issued for behaviour linked to terrorist activities…

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