Legislative part

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…

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°…

In the event of detention pursuant to Article L. 751-9, the provisions of Articles L. 741-4 to L. 741-10, as well as the provisions of Chapters II, III and IV of Title IV, shall apply.

The procedures for taking into account, in detention, the vulnerability and, where applicable, the special needs of asylum seekers and foreign nationals who are the subject of a request for care or resumption of care or of a transfer decision are specified by decree in the Council of State. .