Obligation to leave the territory (Obligation de Quitter le Territoire Fran?ais: OQTF) and possibilities of appeal.

The decision to expel a foreigner from France in the form of an OQTF is a decision of the prefecture that obliges a foreigner to leave France after having refused or withdrawn a residence permit. Such removal may be voluntary or forced, and sometimes without delay. In all these cases, an appeal can be made to a judge of the Administrative Court.?This appeal is open to applications for legal aid to be assisted by a lawyer, without advancing costs, under income conditions.

?

For what reasons can one receive an OQTF

We can globally describe 3 reasons for which a prefectural decision of an OQTF can be pronounced;

• The absence of a residence permit during AN INSPECTION.

Residence authorization implies several conditions, it is not only a question of having a residence permit, it must also be valid.

In the absence of a valid residence permit, when you have just arrived legally in France and the application for a residence permit has not yet been made, it is the VISA that must still be valid in order to be authorized to stay in France.

Once a residence permit is obtained and its validity date is exceeded, the absence of a renewal application pending in a prefecture also renders the stay illegal.

Finally, a serious threat to public order may result in an OQTF, especially if it occurs within the first 3 months of the stay in France.

?

• The explicit decision of the prefecture of a refusal, non-renewal, or withdrawal of residence permit

Apart from inspection situations, which are mainly carried out by the Border Police, the prefecture can itself issue an OQTF to end the stay. This decision is issued in the form of an order and may announce, in addition to the OQTF, other decisions such as the country of return or the ban on returning to the territory.

Any refusal, non-renewal, or withdrawal of a residence permit may be accompanied by an OQTF. Certain categories of persons cannot be the subject of an OQTF, in particular spouses of french. ?It is therefore necessary to pay attention to the family and administrative situation of the person receiving the OQTF, as the prefectures do not always respect the impossibility of ordering an OQTF to certain people.

• A decision TO REFUSE international protection based on asylum

Asylum applications in France are made to the Office Fran?ais de Protection des Réfugiés et Apatrides (OFPRA). OFPRA examines all the files submitted by asylum seekers and issues a decision on whether or not to grant refugee status or even subsidiary protection.

Any refusal by the OFPRA is automatically followed by an OQTF order against the applicant, even if their asylum seeker certificate, which is equivalent to a residence permit and identity document, remains valid.

?

With or without a voluntary departure period??

The most common is a 30-day deadline for voluntary departure. The time limit can be extended in certain exceptional cases, but it can also be shortened. ?This type of OQTF is sometimes accompanied by deprivation of liberty such as house arrest or placement in an administrative detention center.

When there is no time limit for voluntary departure, an appeal must be made within 48 hours from the time the OQTF order is signed. This applies whether or not it is a weekend day. In this type of OQTF, the notification is often accompanied by deprivation of liberty.

In any case, return assistance can be requested from the French Immigration Office (OFII) to facilitate voluntary departure.

?

Can an appeal be made in all cases?

The administration is required to inform the person to whom the OQTF is addressed of the means and deadlines for appeal. ?Among the means of appeal, the OQTF can always be contested before the administrative court of the usual place of residence. Decisions on house arrest or detention in a detention center may also be appealed, but the judge is different.

Legal aid can be filed in the context of these appeals if the income of the person subjected to the OQTF is not sufficient, the deadline for filing this application is also specified.

During this appeal, the OQTF cannot be enforced, i.e., it cannot be enforced until a decision of the administrative court has been received. ?However, in the context of asylum applications, appeals to the Cour Nationale du Droit d’Asile (CNDA) do not suspend the execution of OQTF.

?

Conclusion

OQTFs are part of the removal measures made available by the government to implement migration control policies. The number of OQTFs issued has always increased since 2015 but forced executions are decreasing. ?There are many possibilities for appeal and legal advice should always be sought when one is unsure of one's rights, from lawyers or jurists experienced in this particular area of law.