French Code governing the entry and residence of foreign nationals and the right of asylum
In forceThe 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 of a request to be taken into care or taken back into care may only be detained for the time strictly necessary to prevent a non-negligible risk of absconding as defined in article L. 751-10. 751-2 cannot be effectively applied.
A foreign national who is the subject of a request to be taken into care or taken back into care may only be placed and kept in detention for the time strictly necessary to determine the State responsible for examining his or her asylum application.
Where a requested State has refused to take charge of or take back the alien, the alien's detention shall be terminated immediately, unless a request for reconsideration is made to that State as soon as possible or another State can be requested.
If the requested State agrees, the foreign national will be notified of the transfer decision as soon as possible and detention may continue, under the same conditions and in accordance with the same procedures, for the time strictly necessary to carry out the transfer, if the foreign national cannot leave French territory immediately but enforcement of the transfer decision remains a reasonable prospect.
The foreign national who is the subject of a transfer decision may also be placed in detention pursuant to this article, even if he was not detained when the transfer decision was notified to him.
Article L751-9
French Code governing the entry and residence of foreign nationals and the right of asylumIn force
Updated 8 Nov 2023
