ANY REMEDY
Appeal for refusal of residence permit
You have requested the issuance of a first residence permit, the renewal of your residence permit or the change of status, and you have been refused.
If this refusal of a residence permit is accompanied by an oqtf, obligation to leave French territory, you should refer to our article relating to OQTF.
Only refusals of residence permits without OQTF will be dealt with below.
The decision to refuse to issue a first residence permit, the decision to refuse to renew a residence permit or the decision to refuse a residence permit following a request for change of status, may be challenged by a free appeal before the prefect, by a hierarchical appeal before the Minister of the Interior, and/or by a contentious appeal before the competent administrative court.
The gracious or hierarchical appeal against the refusal to issue a first residence permit or against the refusal to renew your residence permit
A formal or hierarchical appeal for refusal of a residence permit can be filed without any time limit. But in practice it is appropriate to lodge the appeal within two months following notification of the refusal of a residence permit.
Indeed, in the event of rejection of the gracious or hierarchical appeal, the question of introducing a contentious appeal will arise, before the administrative court. However, if the gracious or hierarchical appeal against the refusal of the residence permit has not been filed within the two-month period, the contentious appeal will be deemed inadmissible.
In support of the administrative appeal against the refusal of a residence permit, the foreigner may invoke, in addition to legal arguments relating to the legality of the contested decision, arguments of expediency, in particular of a humanitarian nature, drawn from the personal situation or family of the person concerned.
If the prefecture agrees to reverse its initial decision, the foreigner is given a receipt while awaiting the issuance of the requested residence permit.
If she responds negatively, it is possible to challenge the new decision by way of an appeal for abuse of power.
If it remains silent, the decision is deemed negative at the end of a period of two months and may, again, be the subject of a contentious appeal.
- Litigation, before the administrative court, against the refusal to issue a residence permit
- The contentious appeal must be filed within two months.
- The contentious appeal may be accompanied by a request for suspension of the contested decision, this is the summary suspension.
On appeal, the competent court is the administrative court of appeal. The Council of State may be contacted by way of an appeal to the Court of Cassation.
The service of lawyer is obligatory before the administrative courts of appeal.
The administrative judge will carry out a review of the legality of the prefectural decision and not of its appropriateness.
– appeal against expulsion measures at the border
– appeal against obligations to leave the territory, oqtf appeal
– appeal against the decision to postpone the naturalization application
– appeal against the decision to reject the naturalization application
– defense of foreigners placed in administrative detention before the Administrative Court or civil courts (release and detention judge, Court of Appeal)