What is an obligation to leave French territory?
The obligation to leave French territory (OQTF) is a decision taken by the prefect which can be appealed. Consequently, this decision entails an obligation for a foreigner to leave France after the refusal or withdrawal of a residence permit.
How to lodge an appeal against an obligation to leave French territory (OQTF)?
Insofar as it is an obligation to leave French territory, the prefect is required to inform you of the time limit you have to leave French territory, the country to which you will be returned, as well as the means of appeal.
The notification period begins to run from the date of receipt of the letter sent by the prefecture by registered letter with acknowledgment of receipt, i.e. the date on which the foreigner became aware of the refusal of stay. with the obligation to leave French territory.
The prefect can also notify you of the decision administratively, that is to say at the counter of the prefecture by signing an acknowledgment of receipt.
Which decisions can be appealed?
In addition to appealing against an obligation to leave French territory, you can also contest the following measures:
- refusal of stay;
- the decision determining the country of removal;
- the ban on returning to France (IRTF);
- And all other measures of deprivation of liberty or surveillance.
What are the deadlines for filing an appeal against an obligation to leave French territory (OQTF)?
The deadline for appealing against the OQTF may vary depending on your situation. The decision notified to the foreigner mentions the deadline for contesting an obligation to leave French territory.
With regard to the OQTF with voluntary departure period, you have a period of 15 or 30 days to contest an obligation to leave French territory.
15 days to dispute if you are in one of these situations:
- Entering France illegally;
- Have remained in France after the expiry of your visa;
- The prefect has definitively rejected your asylum application;
- You have not applied for renewal of your residence permit and have remained in France after its expiry date.
30 days to contest sif you find yourself in one of these situations:
- The prefect has rejected your application for a residence permit or renewal;
- Your residence permit has been withdrawn;
- You represent a threat to public order and have resided in France for less than 3 months;
- The fact of working without a work permit and residing in France for less than 3 months.
48 hours to contest in the event of an obligation to leave France without delay:
It should be noted that this period cannot be extended, even if it expires on a Saturday, a Sunday or a public holiday.
For example, if you receive the decision from the police on a Friday at 18:30 p.m., you have until Sunday at 18:30 p.m. to lodge an appeal with the competent Administrative Court.
What is the competent court?
You can lodge an appeal with the Administrative Court with territorial jurisdiction according to your place of residence.
A foreigner placed in detention or under house arrest may file an appeal with the Administrative Court on which the place of detention or house arrest depends.
Do I need a lawyer?
The foreigner is not obliged to be assisted by a lawyer before the administrative court in the context of the appeal against the obligation to leave French territory. He can himself bring an action for annulment against this decision. However, it is strongly advised to call on a lawyer specialized in immigration law in order to optimize the chances of success for the annulment of the contested decision. If the foreigner wishes to benefit from legal aid, the request must be made at the latest when the request for annulment is introduced. Indeed, in general, the foreigner does not have to pay his lawyer if he benefits from legal aid.
The investigation of the case by the court
The procedure
As a general rule, the deadlines for filing an appeal against the OQTF must always be respected. This is the date on which the appeal is filed with the court registry. Once the deadline has passed, the appeal against the OQTF before the Administrative Court will no longer be admissible.
The foreigner may request the assistance of an interpreter. He also has the right, at his request, to consult his administrative file. The registry of the Administrative Tribunal must inform him of these possibilities.
The hearing is public. It takes place without a conclusion from the public rapporteur, in the presence of the person concerned, unless the latter, duly summoned, does not appear.
During the hearing, the lawyer presents the arguments to obtain the annulment of the contested decision.
Time limits for investigation by the Court
The Administrative Tribunal has a time limit which varies according to the reason for the OQTF.
6 weeks delay if you find yourself in one of these situations:
- Have returned to France irregularly;
- Stay in France after your visa expires;
- You have not requested the renewal of your residence permit and have remained in France after its expiry date;
- The prefect has definitively rejected your asylum application.
3 months delay if you find yourself in one of these situations:
- The prefect has rejected your application for a residence permit or renewal;
- Your residence permit has been withdrawn;
- Represent a threat to public order and have resided in France for less than 3 months;
- Work without a work permit and have resided in France for less than 3 months.
96 hour delay if you find yourself in one of these situations:
- You are placed in detention or under house arrest;
- Have the obligation to leave French territory without delay.
The results
Decision reversed
Insofar as the court cancels the obligation to leave French territory, you can stay in France. In this case, all the other measures come to an end, more specifically, the decision refusing the period for voluntary departure, the decision fixing the country of deportation and possibly the entry ban, placement in detention or house arrest.
Subsequently, the prefect then gives you a temporary residence permit, pending a re-examination of your file.
If the court only cancels the return ban, the removal may remain enforceable but you can return to France with a visa, or without if your country has concluded a visa liberalization agreement with the European Union.
In addition, within the framework of the annulment of the sole decision determining the country of deportation, you may be subject to house arrest, even if the prospects of deportation are almost non-existent.
Decision upheld
If the Administrative Court confirms the prefect's decision, you must leave France.
However, if you are unable to return to your country, you may be subject to house arrest.
Can I challenge the court's decision?
You can appeal the decision of the Administrative Tribunal to the Administrative Court of Appeal if your appeal is rejected. However, the appeal does not suspend the execution of the OQTF, unlike the appeal before the Administrative Tribunal.
The time limit for appeal is one month from the notification of the court judgment.