OQTF : Defend your rights with the expertise of a lawyer

OQTF : Meaning, consequences and advice from an expert OQTF lawyer

What is an OQTF?

The OQTF is a deportation measure aimed at illegal immigrants.

In practical terms, this is a decision by which the French authorities oblige a foreigner to leave the country within a given timeframe. It is issued by the Prefect when the individual’s presence in France is deemed to be irregular.

An OQTF measure may be accompanied by additional measures, such as an Interdiction de Retour sur le Territoire Français (IRTF), house arrest, placement in a Centre de Rétention Administrative (CRA) or determination of the country of destination.

The OQTF has replaced the Arrêté Préfectoral de Reconduite à la Frontière (APRF), the previous deportation measure.

Who can receive an OQTF?

The OQTF is aimed at foreign nationals illegally present on French territory.

However, certain categories of foreign nationals may not be subject to an OQTF (European Union nationals, family members of European Union nationals, minors, parents of French children, spouses of French nationals for at least 3 years, etc.).

How long does it take to enforce an OQTF?

OQTFs with a deadline for voluntary departure

In principle, foreign nationals subject to an OQTF have 30 days in which to leave France.
However, they may be granted a period of voluntary departure longer than 30 days, or an extension of the initial 30-day period.
This derogation is granted on an exceptional basis. The Prefect acts on a discretionary basis, taking into account the specific circumstances of each situation.
Once the period for voluntary departure has elapsed, the French authorities are in a position to enforce the OQTF.

OQTF without delay (immediate effect)

An OQTF issued without delay means that the foreign national must leave France immediately. It is accompanied by an Interdiction de Retour sur le Territoire Français (IRTF).
The Préfet may decide to issue an OQTF without delay when :

• The foreigner’s behavior constitutes a threat to public order;
• The foreign national has been refused the issue or renewal of a residence permit;
• There is a risk that the foreign national will evade the OQTF.

The Préfet must base his OQTF decision on concrete evidence and justify it. It is then up to the foreign national to provide proof to the contrary.
An OQTF with a deadline for voluntary departure can be transformed into an OQTF without a deadline if there is a reason to justify the elimination of the deadline.

What is the destination country?

The OQTF must specify the country to which the French authorities intend to return the illegal immigrant.
This cannot be a member state of the European Union or the Schengen area.
However, it can be :

• Country of nationality;
• From the country that issued the travel document, subject to a readmission agreement;
• From the country in which it is legally admissible, with its consent.

However, a foreign national cannot be deported to a country where his or her life is in danger.
Determining the country of destination is a separate decision from the OQTF. It is therefore subject to a separate appeal.

Time limits and appeal against an OQTF decision

What are the remedies against an OQTF and how can our lawyer help you?

An OQTF decision can be contested before the administrative judge.
The litigation system is complex, as there are at least 6 distinct procedures. The applicable procedure depends on the conditions under which the OQTF was issued, and on the related measures.
These related measures can also be appealed, either before the administrative judge or before the liberty and detention judge (IRTF, house arrest, placement in CRA, determination of country of destination, etc.).
Challenging the OQTF has suspensive effect before the administrative court. In other words, the removal order cannot be enforced until the judge has given a ruling.
However, this suspensive effect applies only to :

• The OQTF decision ;
• The measure determining the country of destination.

It does not extend to residence permits whose issue or renewal has been refused. However, the person concerned is entitled to apply to the interim relief judge for suspension of the effects of the refusal or withdrawal of the residence permit.

How long does it take to challenge an OQTF with a specialist lawyer?

The time limit for lodging an appeal varies according to the type of OQTF and the reasons for it.
The foreign national has between 48 hours and 30 days in which to contest the OQTF before the administrative judge, from the date on which he or she is notified of the decision.
Once the time limit for lodging an appeal has expired, the decision becomes final and can no longer be contested. This means that the Prefecture can immediately put the measure into effect by deporting the foreign national.
In view of the very tight deadlines and the complexity of the legal system, it is advisable to consult a lawyer as soon as you receive the OQTF.

What documents should I bring to contest an OQTF? Our lawyer can help you

To build a solid case, you need to provide the judge with all the information required to justify your continued presence in France.
You will need to produce your passport, proof of personal and professional ties and integration in France (employment, family, friends), proof of presence in the country, medical certificates, etc.
Depending on the specific situation of each foreign national, you will need to provide different documents. The lawyers at Goldwin Partners can help you put together your file.

What should I do if my appeal is rejected?

If their appeal is rejected, foreign nationals subject to an OQTF may appeal the decision to the relevant Administrative Court of Appeal.
The appeal must be lodged within 1 month of notification of the decision. This deadline may be reduced to 15 days in certain cases.
The appeal must be lodged by a lawyer.
The appeal procedure has no suspensive effect. This means that a foreign national whose appeal has been rejected has no right to remain in France. He or she may be deported before or after the decision of the Administrative Court of Appeal.
The appeal judge may, however, order a stay of execution of the judgment if execution of the decision handed down by the court of first instance is likely to entail consequences that would be difficult to repair, and if the arguments raised appear to be serious.

Why call on an OQTF lawyer to defend your rights?

Know your rights to better defend yourself

A lawyer who practises immigration law on a daily basis is fully conversant with the rules and legal issues surrounding the OQTF. He will therefore be able to provide you with the best possible information and advice.

Avoiding procedural errors

The litigation procedure is complex and the deadlines very strict, so it’s essential to be assisted by a lawyer specializing in immigration law, to make sure you have every chance on your side.
A lawyer will know which procedures apply. He will also know when to act to avoid the decision becoming final.
Being assisted by one of our lawyers helps you avoid procedural errors that could unnecessarily compromise your case.

Increase your chances of success against an OQTF

Naturally, the chances of successfully appealing against an OQTF depend on the foreign national’s personal situation and the legal arguments put forward.

However, the expertise of a Goldwin Partners lawyer enables you to raise the most effective arguments before the judge.

Generally speaking, a lawyer is your point of contact for all complex administrative procedures. He offers personalized support and helps :

• preparing the file ;
• collecting the necessary evidence ;
• drafting any appeals;
• follow-up of the case before the relevant authorities and courts.

A calmer approach to the procedure

The OQTF is a major source of uncertainty and stress for foreign nationals subject to such a decision.

An immigration lawyer offers constant support throughout the procedure. Entrusting your case to him means you can approach the OQTF procedure with greater peace of mind.

CONCLUSION

For all these reasons and many more, being accompanied by an OQTF lawyer can considerably increase your chances of success.

Goldwin Partners offers its expertise in immigration law to guide you through this complex procedure.

Are you concerned by an OQTF? Don’t waste any time!

Schedule a consultation today.

The lawyers at Goldwin Partners will work with you to explain your rights and defend your interests effectively.