Expulsion and emergency procedures

Are you subject to an obligation to leave French territory (OQTF), a re-entry ban, or an expulsion order ? The deadlines to challenge these measures are often very short. It is therefore essential to identify precisely which measure applies to you and to act without delay.

Main removal measures

• Obligation to leave French territory (OQTF)
  An OQTF is issued when the conditions for lawful stay are no longer met. It may include a voluntary departure period or be immediately enforceable.
  It is the most common removal measure.

• Re-entry ban to French territory (IRTF)
  An IRTF may accompany an OQTF and prohibits returning to France for a specified period. It also produces effects throughout the Schengen Area.
  It is generally imposed when an OQTF is issued without a voluntary departure period, but it may also be decided in other situations. Failure to comply may result in criminal penalties.

• Enforcement measures

  Removal may be preceded by various measures, including:

  • house arrest (assignment to residence)

  • administrative detention

Expulsion

• A different legal basis
  Expulsion is based on the existence of a threat to public order, not solely on the individual’s administrative status.

• A more severe measure
  It may target individuals who have a lawful right to stay, when their presence is considered incompatible with public safety.

Strict appeal deadlines

• Varying deadlines
  Depending on the measure, appeal deadlines may be 48 hours, 15 days, or 30 days.

• The need for immediate action
  Failure to comply with these deadlines generally makes any challenge significantly more difficult.

• A regulated procedure
  Appeals are brought before the administrative court, which rules within timeframes adapted to the urgency of the situation.

Challenging the measure and defending your rights

• An individualized assessment
  Each situation must be examined in light of private and family life, length of stay, integration in France, and professional circumstances.

• Judicial review of the administrative decision
  The administration must comply with strict legal requirements. Errors or an insufficient assessment of the situation may justify the annulment of the measure.

• Emergency proceedings
  In certain cases, emergency applications before the administrative court may allow for the immediate suspension of the measure.

Legal assistance allows for rapid action, secures the process, and helps implement an appropriate strategy. Pierre Lepicier assists clients with OQTFs, re-entry bans, removal measures, and expulsion proceedings, providing responsive and tailored legal defense.