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jul 29, 2015 - Law n. 2015-925: Foreign national who applies for asylum from detention.

Description:

Article 16: A foreign national who applies for asylum from detention can only be maintained in detention if the Prefecture states in a written and motivated decision that the asylum claim has only be introduced to prevent a notified or imminent order of removal. The decision to maintain a seeker in administrative detention can be challenged before administrative courts within 48 hours, and has suspensive effect.
There is very limited time to develop the reasons for the claim, stressful conditions prior to the interview with OFPRA, difficulties to locate and gather the necessary evidence etc. In addition, for claims channelled into the accelerated procedure, OFPRA has 96 hours to examine the application.
Persons who claim asylum during their administrative detention have to be automatically released, except if, based on a motivated and written decision, the Prefect considers that the claim aims solely to avoid an imminent removal. --> This constitutes a real improvement, as for people seeking asylum in administrative detention, it is difficult to prepare an application in a place of confinement.
Persons who claim asylum during their administrative detention were previously not automatically released as a result of the asylum application.

Added to timeline:

25 Jul 2018
0
0
701
Administrative Detention
Research Internship

Date:

jul 29, 2015
Now
~ 8 years and 8 months ago
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