Section 2: Administrative detention

The non-negligible risk of leakage referred to in article L. 751-9 may, except in special circumstances, be regarded as established in the following cases:
1° The foreign national has previously evaded, in another Member State, the determination of the State responsible for examining his or her asylum application or the enforcement of a transfer decision;
2° The foreign national has had his or her asylum application rejected in the Member State responsible;
3° The foreign national is again present on French territory after the effective enforcement of a transfer decision ;
4° The foreign national has evaded the enforcement of a previous removal decision;
5° The foreign national, for the purpose of remaining on French territory, has forged, falsified or drawn up a residence permit or identity or travel document under a name other than his or her own;
6° The foreign national has concealed elements of his or her identity; the fact that he or she cannot prove possession of valid identity or travel documents cannot, however, be sufficient in itself to establish such concealment;
7° A foreign national who does not benefit from the material reception conditions provided for in Title V of Book V cannot prove the place of his or her actual or permanent residence;
8° A foreign national who has refused the place of accommodation offered pursuant to Article L. 552-8 cannot provide evidence of their actual or permanent place of residence or if the foreign national who has accepted the proposed accommodation has abandoned it without legitimate reason;9° The foreign national does not appear when summoned by the administrative authority, does not respond to requests for information and does not attend the interviews scheduled as part of the procedure for determining the State responsible for examining his/her asylum application or executing the transfer decision, without a legitimate reason;10° The foreign national has previously evaded the obligations set out in Articles L. 721-6 to L. 721-8, L. 731-1, L. 731-3, L. 733-1 to L. 733-4, L. 733-6, L. 743-13 to L. 743-15 and L. 751-5;
11° The foreign national has explicitly declared his or her intention not to comply with the procedure for determining the State responsible for examining his or her asylum application or the transfer procedure.