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FRANCE
France does not use the EU removal document, as according to French experience the use of this
document has not proven successful in the past, because of its low acceptance rate by other
governments.
France appears less prone to remove rejected asylum seekers to its former colonies and to those
countries with which France maintains cultural links or major trade relations.
Readmission agreements cover both voluntary and involuntary return, however in practice countries
of origin are not keen to accept those being returned involuntarily.
Costs
Information on the costs of implementing deportations is not available.
Passport Stamps
Except for the entry ban of up to ten years or lifetime, which is included in the judicial expulsion
order interdiction du territoire français (entry ban order), France has not set up a general system
to stamp passports of deportees. If a migrant is forced to leave the country, the expulsion order
will mention a prohibition on re-entry to the territory for a certain period (from a few months to
up to ten years, depending on the situation). Once this period is over, the migrant could apply for
the necessary documentation to re-enter France regularly. During the re-entry prohibition
period, he/she can apply for a reversal of the order according to a procedure defined in the
Ordinance of 1945.
Detention
In cases where an undocumented migrant is not ordered to leave the country at the time of arrest,
he/she is taken into custody at the nearest police station. A claim is lodged with the responsible
public prosecutor, who will decide prosecution on grounds of unlawful residence. If the prosecutor
decides against prosecution, the OFPRK may decide on expulsion and detention. The
foreigner can lodge an appeal within 48 hours, during which period a deportation cannot be
enforced.
Where persons have been apprehended, although they had been ordered to leave, the OFPRK
decides on detention measures.
Aliens who have been convicted of a criminal offence and have served their term can be taken
into detention custody upon release from prison. In practice, the police does not intervene in the
case of released aliens, and remain in France, although they are subject to expulsion.
Most detainees are released. The reasons for the non-enforcement of deportation include:
Deportation order reversal;
Court’s denial to extend the detention period;
Expiry of the order respite;
Illness.