Maintaining a foreigner in a Transit Zone - Refusal of entry into France

The waiting area is a well-defined space located

• either at an airport (Roissy, Orly, etc.),
• either in a port or close to a landing place (Marseille, Calais, etc.),
• or in a railway station open to international traffic (Paris-Gare du Nord, Lille-Europe, Strasbourg, Nice, Modane, etc.).

A waiting area should not be confused with a detention centre.

The area extends from the points of embarkation and disembarkation to the points where passenger controls are carried out (bonded areas).

It also covers the places you have to go in the context of the holding procedure and in case of medical need (in court or in hospital for example).

Pending the decision on your situation, you can be accommodated in a specially equipped facility or in a hotel near your place of arrival.

Duration

The border police can keep you in a waiting area for up to 4 days.

This period begins as soon as you are made available to the police.

It is a written and reasoned decision.

It is subject to compulsory registration on a register mentioning your civil status and the date and time when the measure was taken notified.

Extension

Before the end of the 4 days of administrative detention, the police can ask the Judge of Liberties and Detention (JLD) for an extension of your detention in a waiting area.

The judge can then extend your placement in a waiting area for a maximum of 8 days.

The JLD of the court on which the waiting area depends shall decide by ordinance within 24 hours from the time it was entered (or within 48 hours if the instruction so requires).

The order is served on you.

It shall also be notified to the Prefect and the public prosecutor.

The hearing may be held in the courtroom or in a room near the waiting area.

The JLD can be entered for a 2^nde extension. This can only be done in exceptional cases or in case of deliberate will on your part to prevent your departure. This extension is for a maximum of 8 days.

If the order ends your detention in a transit zone, you are, from the time of its notification, kept at the disposal of the court for 10 hours (unless the prosecutor decides otherwise).

During this period, you can, if you wish, contact your lawyer or any person of your choice and request the assistance of a doctor.

In total, the duration of your holding in a waiting area cannot exceed 20 days (4 days administrative support + 1^re judicial extension of up to 8 days + 2^nde judicial extension of up to 8 days).

However, in 2 particular situations, the retention in the waiting zone may be greater than 20 days :

• If you make a refugee claim between the 14^e and 20^e days following the maintenance measure, this is extended by 6 days.
• If your entry into France for asylum has been refused and you file an application for annulment within the last 4 days of the retention measure, it is extended by 4 days.

Appeals

You can challenge the JLD order within 24 hours of its delivery.

You must enter the 1^er president of the court of appeal (or his delegate). He must then make a decision within 48 hours.

Your call isn't suspensive : you can be reappointed before the judge's decision.

Then, if you want to challenge the court of appeal order, you can to bring an action for cassation.

There are two ways to end your holding in a transit zone:

• Either you have to leave France
• Either you are allowed to enter France temporarily