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Decree No. 2008-223 Of 6 March 2008 On The Corporate Competencies For Entry And Stay Of Foreigners And Asylum

Original Language Title: Décret n° 2008-223 du 6 mars 2008 relatif aux compétences ministérielles en matière d'entrée et de séjour des étrangers et de droit d'asile

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Keywords

IMMIGRATION , INTEGRATION , ETRANGER , CODE OF THE ENTREE AND THE SEJOUR OF ETRANGERS AND THE LAW OF ASILE , RESSORTISSANT ETRANGER , LAW OF ASILE , CLANDESTIN , CONDITION OF ENTREE , CONDITION OF SEJOUR , MINISTERIAL ,


JORF n°0057 of 7 March 2008 page 4242
text No. 17



Decree No. 2008-223 of 6 March 2008 on ministerial competences in the entry and residence of aliens and the right to asylum

NOR: IMIK0804033D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/3/6/IMIK0804033D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/3/6/2008-223/jo/texte


The Prime Minister,
On the report of the Minister of Immigration, Integration, National Identity and Co-development,
Considering the code of entry and residence of foreigners and the right to asylum;
Vu le Decree No. 97-34 of 15 January 1997 amended to deconcentrate individual administrative decisions, including article 2-1;
Vu le Decree No. 2005-757 of 4 July 2005 relating to economic and financial control in State administrative public institutions;
Vu le Decree No. 2007-997 of 31 May 2007 relating to the powers of the Minister of Interior, Overseas and Territorial Communities;
Vu le Decree No. 2007-999 of 31 May 2007 relating to the powers of the Minister of Immigration, Integration, National Identity and Co-development;
Vu le Decree No. 2007-1000 of 31 May 2007 relating to the functions of the Minister of Labour, Social Relations and Solidarity;
The State Council (inland section) heard,
Decrete:

Article 1 Learn more about this article...


The Code of Entry and Residence of Aliens and the Right of Asylum (regulatory Party) is amended in accordance with the provisions of Articles 2 to 28 of this Decree.

Article 2 Learn more about this article...


R. 111-25, in the eighth paragraph of R. 111-26, R. 211-11, R. 212-9, R. 212-11, R. 213-3, R. 223-12, R. 223-14, R. 313-13, R. 313-16-1, R. 313-36-1, R. 313-37, R. 531-2, R. 553-15, R. 6

Article 3 Learn more about this article...


In sections R. 223-4, R. 223-5 and R. 223-7, the words: "Minister of Interior" are replaced by the words: "Minister of Asylum".

Article 4 Learn more about this article...


In R. 111-27, the words: "The Minister of the Interior" are replaced by the words: "The Minister for Immigration, the Minister of the Interior."

Article 5 Learn more about this article...


In sections R. 111-28 and R. 111-31, after the words "to the Minister of the Interior" are inserted the words "and to the Minister responsible for immigration."

Article 6 Learn more about this article...


In R. 111-30, the words "to the Minister of the Interior and the Minister of Defence" are replaced by the words "to the Minister for Immigration and, as the case may be, to the Minister of the Interior or the Minister of Defence."

Article 7 Learn more about this article...


In section R. 121-5, the words "by joint order of the Minister of Interior and the Minister for Social Affairs" are replaced by the words "by order of the Minister for Immigration".

Article 8 Learn more about this article...


In section R. 211-1, the words: "taken jointly by the Minister of Interior and the Minister of Foreign Affairs" are replaced by the words: "from the Minister for Immigration".

Article 9 Learn more about this article...


Section R. 211-10 is replaced by the following provisions:
"Art. R. 211-10.-The terms and conditions of operation of the commission are defined by joint order of the Minister for Foreign Affairs and the Minister for Immigration. »

Article 10 Learn more about this article...


In the fourth paragraph of section R. 211-33, the words "by order of the Minister of the Interior" are replaced by the words "by joint order of the Minister of the Interior and the Minister responsible for immigration".

Article 11 Learn more about this article...


The second sentence of the second paragraph of Article R. 212-3 is replaced by the following:
"The accreditation is issued, in the case of humanitarian organizations, by an order of the Minister for Immigration, the Minister of the Interior, the Minister for Social Affairs, the Minister for Foreign Affairs and the Minister for Health and, in the case of cultural organizations, by an order of the Minister for Immigration, the Minister of the Interior, the Minister for Foreign Affairs and the Minister for Culture. »

Article 12 Learn more about this article...


In R. 212-6, the words: "Minister of Interior and Public Safety" are replaced by the words: "Minister of Immigration."

Article 13 Learn more about this article...


The first sentence of the second paragraph of Article R. 313-22 is replaced by the following:
"The notice is issued under the conditions set out by an order of the Minister for Immigration and the Minister for Health, on the one hand, of a medical report prepared by a registered physician or a hospital practitioner and, on the other hand, available information on treatment opportunities in the country of origin of the person concerned. »

Article 14 Learn more about this article...


In sections R. 421-1 and R. 421-16, the words "by joint order of the Minister for Integration and the Minister of Interior" are replaced by the words "by order of the Minister for Immigration".

Article 15 Learn more about this article...


In R. 421-7, the words: "Minister for Integration" are replaced by the words: "Minister for Immigration."

Article 16 Learn more about this article...


The first sentence of section R. 553-1 is replaced by the following:
"The administrative detention centres are established, on the proposal of the Minister for Immigration, by joint order of the Minister for Social Affairs, the Minister for Immigration, the Minister of Interior, the Minister of Justice and the Minister of Defence. »

Article 17 Learn more about this article...


The second sentence of the first paragraph of Article R. 553-2 is replaced by the following:
"The Order also designates, if any, under conditions defined by a joint order of the Minister for Immigration, the Minister of Interior and the Minister of Defence, the head of hotel management and the manager of the administrative records of foreigners admitted to the Centre. »

Article 18 Learn more about this article...


Section R. 553-4 is amended as follows:
1° The first sentence of the first paragraph is replaced by the following:
"In each detention centre, rules of procedure, the model of which is set by joint order of the Minister for Immigration, the Minister of Interior and the Minister of Defence, organizes daily life, in conditions consistent with the dignity and security of its occupants. »
2° The third paragraph is replaced by the following:
"It is translated into the most commonly used languages designated by an immigration minister's order. »

Article 19 Learn more about this article...


The second and third paragraphs of section R. 722-8 are replaced by the following:
"The Office is subject to the financial control of the State under the conditions set out in Decree No. 2005-757 of 4 July 2005 on the economic and financial control of the State's administrative public institutions. The powers of the financial controller and the terms and conditions for the exercise of its control shall be determined by joint order of the Minister for Asylum and the Minister for Budget.
"The Office's accounting officer shall be appointed by joint order of the Minister for Asylum and the Minister for Budget. »

Rule 20 Learn more about this article...


In section R. 733-22, the words "to the Minister of the Interior, who must make his observations" are replaced by the words "to the Minister of the Interior and the Minister responsible for the asylum, who must make their observations."

Article 21 Learn more about this article...


Section R. 733-23 is amended as follows:
1° In the first paragraph, after the words: "from the Minister of Interior", the words are inserted: "and the Minister responsible for asylum";
2° In the third paragraph, after the words "to the Minister of the Interior", the words "and to the Minister responsible for the asylum" are inserted.

Article 22 Learn more about this article...


In the second paragraph of section R. 741-1, the words: "An order of the Minister of Interior" are replaced by the words: "A joint order of the Minister of Interior and the Minister responsible for asylum".

Article 23 Learn more about this article...


The 7th of section R. 761-1 is replaced by the following provisions:
« 7° In Article R. 733-22, the words "to the Minister of Interior and the Minister responsible for asylum, who must produce their observations" are replaced by the words: "to the representative of the State in Mayotte, who must produce his observations", in the first paragraph of Article R. 733-23, the words: "from the Minister of Interior and the minister responsible for asylum" are replaced by the words "of the state"

Article 24 Learn more about this article...


The 7th of section R. 762-1 is replaced by the following provisions:
« 7° In section R. 733-22, the words "to the Minister of Interior and the Minister responsible for asylum, who must produce their observations" are replaced by the words: "to the senior administrator of the Wallis and Futuna Islands, who must produce their observations", in the first paragraph of section R. 733-23, the words "from the Minister of Interior and the Minister responsible for asylum" are replaced by the words

Rule 25 Learn more about this article...


The 7th of section R. 763-1 is replaced by the following provisions:
« 7° In section R. 733-22, the words "to the Minister of Interior and the Minister responsible for asylum, who must produce their observations" are replaced by the words: "at the High Commissioner of the Republic in French Polynesia, who must produce his observations", in the first paragraph of section R. 733-23, the words: "from the Minister of Interior and the Minister responsible for asylum"

Rule 26 Learn more about this article...


The 7th of section R. 764-1 is replaced by the following provisions:
« 7° In section R. 733-22, the words "to the Minister of the Interior and the Minister responsible for the asylum, who must make their observations" are replaced by the words: "at the High Commissioner of the Republic in New Caledonia, who must produce his observations", in the first paragraph of section R. 733-23, the words: "from the Minister of the Interior and the Minister responsible for the High Commissioner of the Republic" are replaced and in the third paragraph of the same section, the words "to the Minister of the Interior and the Minister responsible for the asylum" are replaced by the words "to the High Commissioner of the Republic in New Caledonia".

Rule 27 Learn more about this article...


In the first paragraph of section R. 811-15, before the words "of the Minister of Interior" are inserted the words "of the Minister responsible for immigration."

Rule 28 Learn more about this article...


articles R. 111-32 and R. 553-10are repealed.

Rule 29 Learn more about this article...


The Minister of Interior, Overseas and Territorial Communities, the Minister of Foreign and European Affairs, the Minister of Immigration, Integration, National Identity and Co-development and the Minister of Justice, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, March 6, 2008.


François Fillon


By the Prime Minister:


The Minister of Immigration,

integration, national identity

and co-development,

Brice Hortefeux

The Minister of the Interior,

the overseas and territorial authorities,

Michèle Alliot-Marie

Minister for Foreign Affairs

and European,

Bernard Kouchner

The Seal Guard, Minister of Justice,

Rachida Dati


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