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

Article L751-4 of the French Code governing the entry and residence of foreign nationals and the right of asylum

In the event of house arrest pursuant to article L. 751-2, the provisions of articles L. 572-7, L. 732-1, L. 732-3, L. 732-7, L. 733-1 to L. 733-4 and L. 733-8 to L. 733-12 shall apply.However, for the purposes of the second paragraph of article L. 732-3, house arrest shall be renewable three times.Failure to comply with the requirements associated with house arrest shall be punished in accordance with the…

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Article L751-5 of the French Code governing the entry and residence of foreign nationals and the right of asylum

Foreign nationals placed under house arrest in application of article L. 751-2 must appear when summoned by the administrative authority, respond to requests for information and attend the interviews scheduled as part of the procedure for determining the State responsible for examining their asylum application or enforcing the transfer decision. The administrative authority may require the foreign national to surrender his or her passport or any document proving his or…

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Article L751-6 of the French Code governing the entry and residence of foreign nationals and the right of asylum

A foreign national who is the subject of a transfer decision and who can prove that it is impossible to leave the country or that he or she can neither return to his or her country of origin nor travel to any other country may be authorised to remain on French territory by the administrative authority placing him or her under house arrest until there is a reasonable prospect of…

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Article L751-9 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The administrative authority may detain, for a period of forty-eight hours, a foreign national who is the subject of a request to be taken into care or taken back into care in order to prevent a non-negligible risk of absconding as defined in article L. 751-10, insofar as the detention is proportionate and if the provisions of article L. 751-2 cannot be effectively applied.The foreign national who is the subject…

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Article L751-10 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The non-negligible risk of leakage referred to in article L. 751-9 may, except in special circumstances, be regarded as established in the following cases:1° The foreign national has previously evaded, in another Member State, the determination of the State responsible for examining his or her asylum application or the enforcement of a transfer decision;2° The foreign national has had his or her asylum application rejected in the Member State responsible;3°…

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Article L751-13 of the French Code governing the entry and residence of foreign nationals and the right of asylum

The provisions of article L. 711-1 relating to the enforcement of the removal decision by the foreign national are applicable to the enforcement of transfer decisions.The administrative authority may take measures to enforce the transfer decision under the conditions provided for in article L. 722-4, provided that the actual transfer of the foreign national does not take place before the expiry of the period open to challenge the transfer decision…

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