OQTF and refusal of stay: contesting expulsion measures
An expulsion measure is a decision by the prefect asking you to leave French territory. In general, when the prefecture refuses to grant you a residence permit, it can force you to leave French territory (OQTF).
There are several types of decision that the prefecture can notify you.
In all cases, upon receipt of a decision from the prefecture, you must contact a lawyer.
In this section:
Refusal to stay
If you apply for a residence permit, the prefecture can notify you of a decision refusing to stay.
Indeed, if you do not meet the required conditions, the prefecture will refuse to issue you a residence permit.
This decision can be challenged before the administrative court of your place of residence.
The deadline for contesting this decision is 2 months from its notification.
In all cases, it is advisable to contact a lawyer who will be able to guide you.
The obligation to leave French territory (OQTF)
In certain situations, the prefecture may notify you of an obligation to leave French territory.
This decision is generally notified by post or delivered directly by hand.
The OQTF means that you must leave French territory and join the country of which you are a national.
OQTF with a voluntary departure period of 30 days
In principle, you have 30 days to leave French territory.
During this period, the prefecture cannot remove you from French territory.
In this case, you have 15 or 30 days to lodge an appeal with the administrative court of your place of residence.
Once the appeal has been lodged, the OQTF is suspended until the court rules on your case.
In other words, the prefecture cannot remove you until the court has rendered a decision.
If the court makes a rejection decision, the prefecture can then remove you.
It is strongly recommended that you contact a lawyer in order to prepare your appeal under the best possible conditions.
OQTF without voluntary departure period
In some cases, the prefecture may ask you to leave French territory without delay.
Often, this type of decision is notified to the prefecture or by police or gendarmerie officers.
In this case, you have 48 hours to file an appeal with the administrative court of your place of residence.
For example, if you received notification of this decision on Friday at 14 p.m., you must imperatively lodge the appeal with the administrative court before Sunday at 14 p.m.
The prefecture can also notify you of a decision issuing a house arrest or a detention order.
In such a situation, you should immediately contact a lawyer.
The ban on returning to French territory (IRTF)
The OQTF may be accompanied by a ban on returning to French territory. The IRTF lasts between 1 and 3 years.
The period starts from the date on which the foreigner leaves French territory.
During the IRTF period, the foreigner concerned is prohibited from returning to France, but also to all the countries of the Schengen area.
Indeed, the IRTF also results in a report in the Schengen information system preventing you from entering the Schengen area.
This decision must be contested at the same time as the OQTF.
Schengen readmission
In certain cases, the prefecture can notify you of a decision to surrender to a Member State of the European Union.
Unlike the OQTF, which aims to move you away to a country outside the European Union, Schengen readmission allows the prefecture to move you away to another member state of the European Union.
These are cases in which you hold a residence permit issued by another Member State of the European Union.
The decision to surrender to another Member State of the European Union can be executed ex officio. In this sense, even if you contest the decision before the administrative court, this appeal does not allow you to suspend the removal decision. You can therefore be away at any time.
In such a situation, it is very strongly recommended to contact a lawyer.
Coercive measures to keep you away
When the prefecture notifies you of an expulsion measure, it can also notify you of a house arrest or detention.
House arrest
The prefecture can place you under house arrest. Generally, house arrest lasts 45 days, and can be renewed.
This decision means that you are prohibited from leaving a specific location, for example a department.
You may also be subject to an obligation to report to the police for the duration of the house arrest.
The prefecture can also require you to stay in your home for a period of time each day.
As soon as you are placed under house arrest, the deadline for contesting this decision before the administrative court is 48 hours.
Placement in detention
The purpose of the placement in detention is to place you in an administrative detention center to proceed with your removal.
The prefecture can place you in detention for a period of 48 hours.
The Judge of Freedoms and Detention can then extend the detention for 28 days, and once again extend the detention for a period of 30 days.
In some cases, the detention can be extended for another 15 days on two occasions.
Detention can therefore be up to 90 days, or even longer in the event of terrorist activities.
Only the Judge of Freedoms and Detention has jurisdiction to hear the challenge of a detention.
In Alsace-Moselle, there are three mechanisms for placing foreigners in detention:
- the Geispolsheim administrative detention center;
- the Metz-Queuleu administrative detention center;
- the administrative detention facility in Saint-Louis.
The Airiau Avocat firm adapts to emergency situations, and remains reachable in all circumstances in an emergency, 7 days a week, at +7 (33) 0 67 97 86.
We are available every day to support you in the context of contesting the removal measures.
Feel free to book an appointment online with an Immigration Lawyer.
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