7 h 15 m, 28 oct 2016 año - Decree n. 2016-1457 (Application of the Law n. 2016-274)
Descripción:
Article 21: It is possible for the foreigner to seize the JLD at any moment upon a motivated request during the first 48 hours. / Article 28: Journalists following Members of Parliament visiting detention centres cannot be denied access to these centres. The same limitations regarding the anonymity apply in this case. Access for journalists must be authorized by the Prefect. In case of denial of access, the decision has to be motivated. / Article 33: The appeal before the CNDA has a suspensive effect for asylum seekers channelled into the accelerated procedure, it shall not be legally possible to place such asylum seekers in administrative detention from the moment they receive a negative decision from OFPRA and a return decision has consequently been issued. The judge has to rule within 72 hours after the appeal has been lodged. / Article 34: The immigration reform allows Prefectures to systematically use house arrest orders against asylum seekers placed under the Dublin procedure, during the determination of the Member State responsible for their asylum claim. / Article 36: Maximum time limit of 45 days was maintained. The decision of placement in administrative detention taken by the administration is valid for 2 days. Beyond this period, a request before the Judge of Freedoms and Detention (JLD) has to be lodged by the Prefect to prolong the duration of administrative detention.
The JLD i.e. the civil court is seized by the Prefect at the end of the 2 days of administrative detention in order to authorise a prolongation after having examined the lawfulness of the administrative detention. For example, the JLD will check whether the police have respected the procedure and the rights of the person during the arrest, the legality of the police custody and the placement into administrative detention. The judge will also check whether the custody is compatible with the personal situation of the detainee.
The judge can order an extension of the administrative detention for an extra 28 days after the initial placement. A second prolongation for 15 days can only be granted under certain conditions, in particular if the persons deliberately obstruct their return by withholding their identity, the loss or destruction of travel documents. --> The reform of immigration law in March 2016 has maintained the maximum time limit, but modified the division of different periods of detention. Before the reform the decision of placement in administrative detention taken by the administration was valid for 5 days.
The extension of the administrative detention which was 20 days before the reform.
The second prolongation was 20 days before the reform.
Average length of detention was 12.7 days in 2016, 13 days in 2014, 11 days in 2012 and 9.7 or 9 days in 2011.
Independent review of detention exists in Law and in Practice (2013). / Article 40: Enables the Prefect to place under house arrest, systematically, any asylum seeker subject to a transfer decision.
The reform on immigration law enables the Prefect to place under house arrest, systematically, any asylum seeker subject to a transfer decision. Accordingly to this measure, the asylum seeker has to respect the limitations defined by the house arrest order. In case the asylum seeker has not obeyed the house arrest, he or she may be placed in administrative detention. The Prefect can also request the Judge of Freedoms and Detention (JLD) to make an order to require the assistance of the police to ensure of the presence of the asylum seekers at the place he or she is supposed to remain or to operate his or her transfer. / Article 44: Access for journalists to administrative detention centres.
Their presence must be compatible with detainees’ dignity, security measures and the functioning of administrative detention centres.
The detainees can refuse to appear on photographs or to be mentioned in articles. The journalists have to preserve the anonymity of the detained children under any circumstances. This condition does not apply to adults giving their authorisation for their identity to be revealed. / Article 57: In administrative detention centres, it is indicated to the persons held that their asylum application will not be admissible if it is lodged more than 5 calendar days after the notification of their rights read upon arrival, except if the foreign national calls upon new facts occurred after the 5-day deadline has expired.
This condition does not apply to asylum seekers from safe countries of origin.
Asylum seekers in detention can benefit from legal and linguistic assistance.
Añadido al timeline:
Administrative Detention
Research Internship
fecha:
