WHAT IS AN OQTF?
The obligation to leave French territory (or OQTF) is a French administrative measure, issued by the prefecture, which aims to expel a person from French territory. It is issued in particular in the event of refusal or withdrawal of a right to stay in France or irregular stay. The decision is accompanied by a decision determining the country of destination and a decisiongranting or not a period of voluntary departure. It may also be accompanied by a ban on returning to French territory and/or house arrest. or placement in detention.
HOW IS AN OQTF APPLIED?
Once the OQTF has been notified, there are two scenarios: either the person who is the subject of it is required to immediately execute the measure if no period of voluntary departure is granted to him or he has a period of time, generally 'one month to leave French territory on your own.
How to cancel an obligation to leave the territory?
HOW TO MAKE AN APPEAL TO REQUEST THE CANCELLATION OF AN OQTF WITH THE ADMINISTRATIVE COURT?
The person affected by a removal order has the right to bring a contentious appeal for annulment before the competent administrative court.
It is important to read the removal measure carefully in order to identify, on the one hand, which decisions to contest and, on the other hand, what are the deadlines for appeal. It is indeed essential to lodge the appeal within the allotted time limit.
For people who are granted a voluntary departure period, there are two possibilities: an appeal period of 15 days or 30 days depending on the person's situation.
For people who are refused the granting of a voluntary departure period, the appeal must be filed within 48 hours of notification of the measure.
One of the first reflexes when reading the OQTF is therefore to take a good look at the part concerning “means and time limits for appeal”.
The Vanessa EDBERG firm is committed to supporting you in all of these steps.