This applies whether or not it is a weekend day. 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 type of OQTF is sometimes accompanied by deprivation of liberty such as house arrest or placement in an administrative detention center. The time limit can be extended in certain exceptional cases, but it can also be shortened. The most common is a 30-day deadline for voluntary departure. With or without a voluntary departure period? 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.Īny 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. A decision TO REFUSE international protection based on asylumĪsylum applications in France are made to the Office Français de Protection des Réfugiés et Apatrides (OFPRA).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. Certain categories of persons cannot be the subject of an OQTF, in particular spouses of french. 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.Īny refusal, non-renewal, or withdrawal of a residence permit may be accompanied by an OQTF. The explicit decision of the prefecture of a refusal, non-renewal, or withdrawal of residence permitĪpart from inspection situations, which are mainly carried out by the Border Police, the prefecture can itself issue an OQTF to end the stay.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.įinally, 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. 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. Residence authorization implies several conditions, it is not only a question of having a residence permit, it must also be valid. The absence of a residence permit during AN INSPECTION. We can globally describe 3 reasons for which a prefectural decision of an OQTF can be pronounced 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. Such removal may be voluntary or forced, and sometimes without delay. 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.
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