1 März 2005 Jahr - CESEDA: Code of Entry and Residence of Foreigners and of the Right of Asylum.

Beschreibung:

L512-1: The administrative court is seized by a foreigner (asylum seeker if relevant) who challenges the legality of the decisions taken by the Prefect, i.e. the measures of removal and/or house arrest.

Removal orders and house arrest can be challenged within a period of 48 hours. This period starts from the notification of the measure, and not from the arrival at the administrative detention centre, if this notification is concomitant to notification of the measure of placement in administrative detention. The administrative judge can, for example, verify that the Prefect has not committed a gross error of appreciation by ordering the removal of the territory when the foreigner is entitled to stay on the French territory. The court basically has to make a decision on the reasons why a foreigner has been placed in detention, not on whether the measure itself is lawful. The judge can also verify if the Prefect’s decision of house arrest does not contravene the best interests of the foreigner and if the measure is proportionate. The administrative court must make a decision within 72 hours. / L551-1 / L742-2: The foreign national can be notified a house arrest for a 6-month period. This house arrest has to be motivated and it is renewable once for the same period of time.
The foreign national then has to present him or herself to the Prefecture when asked to. The Prefecture can also seize his or her passport or identity documents.

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