Possible Appeals Against the OQTF and IRTF, Return to France, and the Effects of a SIS Alert

Challenging an OQTF and an IRTF

Time Limits, Methods of Cancellation, Return to France, and Schengen Alert — Current Legal Situation as of September 7, 2026

The order to leave French territory (OQTF) and the re-entry ban (IRTF) are two distinct decisions, most often issued in a single order: they are challenged together, but are not contested using the same legal remedies.

Three procedures, three deadlines

As of July 15, 2024, Book IX of the CESEDA has replaced three procedures with twelve. The time limit no longer depends on the grounds for the OQTF, but solely on the person’s situation of constraint at the time of notification.

An appeal suspends the forced removal, but an administrative appeal never extends the deadline (Art. R. 911-1 of the CESEDA). On June 9, 2026 (No. 512314), the Council of State ruled that the seven-day deadline is a strict deadline: the argument must be raised to avoid any bar to the appeal. An appeal, filed within one month (Art. R. 922-27), does not have suspensive effect: only an application for a preliminary injunction to suspend the measure can halt it during the proceedings.

Grounds for annulment

In terms of external legality: lack of authority on the part of the official who issued the decision; insufficient reasoning; failure to conduct a specific examination of the individual’s personal circumstances; violation of the right to be heard, a general principle of EU law (CJEU, Boudjlida, C-249/13); failure to refer the matter to the Residence Permit Commission (Art. L. 432-13).

Under domestic law, the focus is entirely on proportionality: error of law, manifest error of assessment, Article 8 of the European Convention on Human Rights, and Article 3(1) of the New York Convention. The law of January 26, 2024, effectively stripped Article L. 611-3 of the CESEDA of its category-based protections: the only remaining provision is the prohibition on removing a minor under the age of eighteen. Entry before the age of thirteen, twenty years of residence, being the parent of a French child, or being the spouse of a French national no longer provide automatic protection.

The IRTF: A Common Weakness in the Order

The IRTF is mandatory when no period for voluntary departure has been granted (Art. L. 612-6) or in the event of continued stay beyond that period (Art. L. 612-7), except in cases of humanitarian circumstances; it is optional in all other cases (Art. L. 612-8). Its maximum duration is five years, extended to ten years in the event of a serious threat to public order. It must be supported by a specific statement of reasons demonstrating that the four criteria of Article L. 612-10 have been taken into account, subject to normal judicial review (Council of State, March 12, 2012, No. 354165): a ban based solely on the brevity of the stay is routinely overturned.

As a component of the OQTF, the IRTF may be revoked on its own—which is often the most realistic goal. Its term begins only upon the individual’s actual departure from the territory of the Member States (CJEU, Ouhrami, C-225/16): an IRTF served on a person who has remained in France has never taken effect. Its revocation may be requested at any time, but is admissible only if the person concerned proves that they reside outside France (Art. L. 613-7); it is automatic, upon proof of departure submitted within two months, solely for IRTFs under Article L. 612-8.

Returning to France without an IRTF

Without an IRTF, there is no prohibition on return, and visa applications are governed by general law. However, Article L. 312-1 A of the CESEDA generally requires the denial of any visa for five years to a foreign national who fails to prove that they left France within the prescribed time limit. The Constitutional Council upheld this provision subject to two conditions (No. 2026-1196 QPC of April 30, 2026): a case-by-case review, where a disproportionate impact on family life constitutes a humanitarian circumstance; and the inapplicability of the provision when the OQTF has been withdrawn, annulled, or repealed. Hence a crucial precaution: securing proof of departure at the very moment of leaving the country—such as a border police stamp or a boarding pass.

The SIS Alert

Since March 7, 2023, Regulations (EU) 2018/1860 and 2018/1861 have been fully in effect. An OQTF results, upon its issuance, in a return alert; the IRTF imposes a notice of non-admission (Art. 24, § 1(b)), which takes effect only upon actual departure. The effects are Europe-wide: denial of a visa in all Member States (Art. 32 of the Visa Code) and non-admission at the border (Art. 6, § 1(d) of the Schengen Borders Code).

Under the law, the cancellation or repeal of the IRTF results in the deletion of the record (Art. 40, § 1 of Regulation 2018/1861; Art. R. 613-7 of the CESEDA); in practice, however, the record often remains. It is therefore necessary to expressly request the deletion in the appeal, then file a complaint with SIRENE France, and with the CNIL in the event of a refusal or failure to respond. A residence permit obtained in another Member State also obligates the issuing State to delete the alert (Articles 27 and 29).

This article does not constitute legal advice.

Write your article here...