The foreign national placed in the waiting area shall be informed of his rights under the conditions provided for in article L. 343-1.
The detailed rules for the application of this section shall be laid down by decree in the Conseil d’Etat.
The premises of the waiting areas are not the responsibility of the prison administration. They are physically distinct and separate from the holding facilities mentioned in Book VII.
The waiting area extends from the points of embarkation and disembarkation to those where checks on persons are carried out.
The waiting area extends, without the need for a specific decision, to places to which the foreign national must go either as part of the procedure under way or in the event of medical necessity.
Staying in the waiting area beyond four days from the initial placement decision may be authorised, by the liberties and detention judge ruling on the effective exercise of the rights recognised to the foreign national, for a period of not more than eight days.
The request to remain in the waiting area sets out the reasons why the foreign national could not be repatriated or, if they have applied for asylum, admitted, and the time required to ensure their departure from the waiting area.
The foreign national is kept at the disposal of the courts under conditions set by the public prosecutor for the time strictly necessary for the hearing to take place and for the order to be made.
On an exceptional basis or in the event of a deliberate attempt by the foreign national to prevent his or her departure, detention in the waiting area for more than twelve days may be renewed, under the conditions laid down in this chapter, by the liberty and detention judge, for a period which he or she determines and which may not exceed eight days.
The liberty and custody judge shall rule by order within twenty-four hours of the matter being referred to him or her or, where the requirements of the investigation so dictate, within forty-eight hours thereof. The judge shall rule after hearing the person concerned, or his or her counsel if he or she has one, or the latter having been duly notified.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
