The three time limits
| Your situation when served | Time limit to appeal | Time for judgment |
|---|---|---|
| Free: not under house arrest, not in prison, not in detention | 1 month | 6 months |
| Under house arrest, or in prison | 7 days | 15 days after the appeal, single judge |
| In administrative detention | 48 hours | 96 hours after the time limit to appeal ends, single judge |
These rules apply to decisions taken since 15 July 2024. The time limit runs from the date of service. A request to the préfet to reconsider, or an appeal to the Minister of the Interior, does not extend it.
What can be challenged
The appeal targets the OQTF itself and, in the same application, the decisions that come with it: refusal of a residence permit, re-entry ban (IRTF), decision setting the country of return.
Does the appeal suspend removal?
Yes. Until the administrative court has ruled, you cannot be removed by force. If the court dismisses the appeal, you can appeal within one month, but that appeal does not suspend removal.
Which court?
As a rule, the administrative court for the préfecture that took the decision. If you are in detention or under house arrest, the court for the place of detention or house arrest. The competent court in Île-de-France
If the court sets aside the OQTF
The measures that come with it fall with it. The préfecture gives you a temporary residence authorisation and re-examines your case.
How long does an OQTF remain enforceable?
Three years from the decision. During that period, the préfecture can place you under house arrest or in detention to enforce it, without taking a new decision.
What to do as soon as you receive it
- Note the date it was handed over and keep the envelope.
- Contact a lawyer the same day, without waiting for any legal aid.
- Gather evidence of your presence in France, your family life and your work.
Etienne Lemichel and his team challenge OQTFs before the administrative court. Call the firm on +33 7 49 90 46 30, or send a text or a WhatsApp message.
This guide gives general information as of the date shown, based on Service-public.fr and the circular of 14 July 2024 (sources in French). It does not replace a consultation. After a rejected asylum claim, other time limits apply: see the Asylum page.