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

Article L744-2 of the French Code governing the entry and residence of foreign nationals and the right of asylum

A register shall be kept in all places of detention, indicating the civil status of the persons detained, as well as the conditions of their placement or retention in detention. The register shall also mention the civil status of minor children accompanying these persons and the conditions of their reception.The administrative authority shall make available to persons who request it information concerning the date and time of the start of…

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Article L744-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The detained foreign national shall be informed as soon as possible that, in the place of detention, he or she has the right to request the assistance of an interpreter, counsel and a doctor, and that he or she may communicate with his or her consulate and any person of his or her choice. This information will be provided in a language that the detainee understands.In the event of a…

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Article L744-5 of the French Code governing the entry and residence of foreign nationals and the right of asylum

In each place of detention, the detained foreign national may confer confidentially with his lawyer in a room set aside for this purpose. This room shall be accessible in all circumstances at the request of the lawyer, except in cases of force majeure.The procedures for applying this article shall be specified, as necessary, by decree in the Council of State.

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Article L744-6 of the French Code governing the entry and residence of foreign nationals and the right of asylum

On arrival at the detention centre, foreign nationals are notified of the rights they are likely to exercise with regard to their asylum application.To this end, they may benefit from legal and linguistic assistance. In particular, they are informed of the conditions for admissibility of an asylum application made in detention, as set out in article L. 754-1.

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Article L744-7 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Unless there is a threat to public order inside or outside the place of detention, or if the person does not appear to be psychologically capable of receiving this information, the foreign national shall be informed by the person in charge of the place of detention of all travel plans concerning him or her, relating to hearings, presentation to the consulate and conditions of departure.Failure to comply with the provisions…

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Article L744-8 of the French Code governing the entry and residence of foreign nationals and the right of asylum

In each place of detention, a document drafted in the most commonly used languages, and describing the rights of the foreign national during the removal and detention procedure, as well as the conditions under which they may be exercised, shall be made available to the persons detained.Failure to comply with the provisions of this article shall have no consequence on the legality and validity of the removal and detention procedures.

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Article L744-9 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Foreign nationals held in detention benefit from reception, information and support measures, to enable them to exercise their rights effectively and prepare for their departure, in accordance with the procedures defined by decree in the Conseil d’Etat. Foreign nationals held in detention benefit from reception, information and support measures, to enable them to exercise their rights effectively and prepare for their departure, in accordance with the procedures defined by decree…

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Article L744-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

An appeal against a decision handed down by the criminal court may be lodged by the foreign national placed or kept in detention by means of a declaration to the person in charge of the place of detention. This declaration is recorded, dated and signed by the person in charge of the detention centre. It is also signed by the foreign national. If the foreign national is unable to sign,…

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Article L744-11 of the French Code governing the entry and residence of foreign nationals and the right of asylum

When a foreign national is sentenced at first instance to a deportation order as a principal penalty with provisional enforcement and the deportation takes place before the date of the appeal hearing, his or her lawyer will be heard at this appeal hearing if he or she so requests. The same applies to the court-appointed lawyer when the foreign national has requested the benefit of counsel in his appeal petition.

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