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*Law of Aliens

Published on April 29th, 2018 | by Alexandra Katsarou

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SUMMARY: French Council of State- No 415174/11 of April 2018- Articles L. 561-2/L. 742-3 of the Code of Entry and Residence of Aliens and the Right to Asylum- Residence of Aliens/ Postal Address

Keywords: Code of Entry and Residence of Aliens and the Right to Asylum- preliminary question from the Administrative Court of Lille to the French Council of State- simple postal address

No of Decision: 415174/ 11 of April 2018

Court: French Council of State

Claimant: M. A… B….

Legal Framework:

  1. Article L. 561-2 of the Code of Entry and Residence of Aliens and the Right to Asylum

    «The administrative authority has the right to decide    concerning the residence of the aliens who cannot leave immediately the French territory but whose removal remains a reasonable prospect, especially when the decision is based on Article L. 742-3 of the same Code.»

  1. Article L. 561-1 of the Code of Entry and Residence of Aliens and the Right to Asylum

«The alien who is required to reside in the premises fixed by the administrative  authority has to report periodically to the police departments and when it is requested by the same authority they have to report to the consular authorities concerning the issue of travel documents.»

  1. Article 611-2 of the Code of Entry and Residence of Aliens and the Right to Asylum

«The administrative authority may require the alien to surrender their passport or any document proving their identity under the conditions of this Article.»

  1. Article R. 561-2 of the Code of Entry and Residence of Aliens and the Right to Asylum

«The administrative authority determines the perimeter in which the alien who is under arrest is authorised to move, having with them the documents proving their identity and their administrative situation. It indicates to them the authority to which they must report by specifying the frequency of these reports. In certain cases, when the behaviour of an alien ,who under the provisions of Article L. 742-3, constitutes a threat to public safety, the administrative authority designates a specific time slot, during which the alien must remain on  house arrest.»

Factual Framework:

The Administrative Court of Lille decided to transmit the file of the claimant to the French Council of State submitting to its examination the following preliminary question: «Can the legislator allow  the prefect to assign aliens to residence when they only have a simple postal address, or do they need to have an actual accommodation?»

Decision:

The Court decided that ,under the provisions of Articles mentioned above, some specific measures are required from the public authority to the aliens and they are consisted of the frequency of their reports to certain services and of a home confinement for a limited period of time, when needed.  Therefore, the fact that the decisions ,according to which the prefect assigns residence based on Article L.561-2 and/or L. 742-3 of the Code of Entry and Residence of Aliens and the Right to Asylum, correspond to a specific postal address does not require that the alien has to remain at  that address. This notice will be notified to the Administrative Court of Lille, to Mr A….B…, to the Minister of State, the Minister of Interior and it will be published in the Official Journal of the French Republic.

Conseil d Etat here…





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