OQTF and legal appeal periods

A person with an obligation to leave French territory (OQTF) must be assessed for their administrative status at the time of the notification. This determines the timeframe for appealing the decision and whether any legal challenge is valid.

Legal changes in 2024

Law No. 2024-42, enacted in January 2024, restructured the process for disputing removal orders. The law became effective on July 15, 2024, following a decree issued on July 2, 2024. This updated the administrative justice code by replacing certain articles with new provisions related to the CESEDA.

Adapting to EU regulations

In 2026, two decrees (No. 2026-455 and No. 2026-456) were issued on June 6, to align French law with EU regulations (EU) 2024/1348 and 2024/1351. These decrees transferred specific deadlines from French law to the EU regulations, referencing new articles in the administrative justice code.

Appeal periods for free foreigners

A foreigner not assigned to residence, not detained, and not held can challenge an OQTF decision within one month of notification. This includes disputes over stay, departure periods, and return bans. The administrative court must rule within six months, and this period does not extend if an administrative appeal is filed.

Strict deadlines for assigned or detained foreigners

If a foreigner is assigned to residence or is detained, the appeal period is significantly shorter. For assigned residents, the appeal period is seven days, with a judgment within fifteen days. For detained individuals, the deadline is forty-eight hours, with a ruling within ninety-six hours. These periods are strict and not extended.

Legal interpretations of strict deadlines

The Council of State clarified in an opinion from June 2026 that the seven-day deadline is strict, excluding the day of notification and the deadline itself. Courts in Toulouse and Marseille have also confirmed that the one-month deadline follows a similar rule, with the deadline expiring at midnight on the first day of the following month.

Changing deadlines during the process

If a new measure, such as an assignment to residence or administrative detention, occurs during an ongoing appeal, the deadline shifts. A seven-day period starts from the date the new measure is communicated, or a forty-eight-hour period applies if the person is detained. Courts must rule within fifteen days or one hundred forty-four hours depending on the situation.

Importance of correct notification

If the notification of an OQTF decision fails to mention the appeal options and deadlines, the legal deadlines are not enforceable. Courts have ruled that incorrect information that shortens the deadline is ineffective, but incorrect information that extends the deadline is still valid.

Different rules for refusal without OQTF

A refusal to grant a title without an OQTF is subject to a two-month appeal period under common law. This is different from the OQTF process, and people who previously contested a simple refusal might find themselves out of time when facing an OQTF.

Execution of OQTF decisions

An OQTF cannot be enforced until the appeal period has expired or until the court has ruled, unless the person is already assigned to residence or detained. However, if the OQTF does not include a voluntary departure period, coercive measures can be taken during the proceedings. A return ban is also not enforced until the OQTF can be executed.

Reform effects on legal timelines

The legal reforms have introduced tighter deadlines and more transitions between different legal regimes. The first step in handling an OQTF case is to determine the exact deadline based on the person’s status at the time of notification and any subsequent measures taken.