Practice area 02 · Refusals and OQTF

OQTF lawyer in Paris: challenging an order to leave France

An order to leave France (obligation de quitter le territoire français, OQTF) can be challenged before the administrative court, within 48 hours to one month. Etienne Lemichel and his team draft the appeal and defend you at the hearing, in Paris and throughout the Île-de-France region.

What the firm handles

  • appeals before the administrative court, then before the administrative court of appeal, against the refusal of a residence permit, an order to leave France (OQTF) or a re-entry ban (IRTF).

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What is my time limit to appeal?

When the decision was handed to you, you were:

The exact time limit is stated on the decision, under the heading « voies et délais de recours ». It runs from the date of service: keep the envelope.

Time limits to appeal against an OQTF

The time limit depends on your situation when the decision is served on you, not on the grounds for the OQTF. Once it has passed, the appeal is no longer admissible.

Your situation when servedTime limit to actThe court rules
Free: not under house arrest, not in prison, not in detention1 monthwithin 6 months, panel of judges
Under house arrest, or in prison7 dayswithin 15 days, single judge
In administrative detention48 hourswithin 96 hours, single judge

These three procedures are set out in Articles L. 911-1, L. 921-1 and L. 921-2 of the CESEDA, for decisions taken since 15 July 2024. A request to the préfet to reconsider does not extend the time limit. After a rejected asylum claim, see the Asylum page. For how time limits are calculated and for appeals, see the guide OQTF: time limits to appeal.

If your situation changes during the time limit

If you are placed in detention or under house arrest before the one-month time limit ends, a new time limit starts: 48 hours in detention, 7 days under house arrest, from the date that measure is served. If the appeal has already been filed, the court rules faster.

Which administrative court in Île-de-France?

As a rule, the appeal is filed with the administrative court for the préfecture that took the decision. If you are in detention or under house arrest, it is the court for the place of detention or house arrest.

DépartementPréfectureAdministrative court
Paris (75)Préfecture de policeParis
Seine-Saint-Denis (93)BobignyMontreuil
Hauts-de-Seine (92)NanterreCergy-Pontoise
Val-d’Oise (95)CergyCergy-Pontoise
Val-de-Marne (94)CréteilMelun
Seine-et-Marne (77)MelunMelun
Yvelines (78)VersaillesVersailles
Essonne (91)Évry-CourcouronnesVersailles

Etienne Lemichel appears before each of these courts. Courts in Île-de-France: the detailed guide

What the appeal can challenge

A single application covers the refusal of a residence permit, the order to leave France, the decision setting the country of return, the refusal of a period for voluntary departure and, where applicable, the re-entry ban.

The re-entry ban can last up to five years, and up to ten years in the event of a serious threat to public order. It is challenged together with the order to leave France.

Does the appeal suspend removal?

Yes. During the time limit to appeal, and then until the administrative court has ruled, the préfecture cannot remove you by force. On appeal, before the administrative court of appeal, the appeal no longer has this effect.

In detention: act within 48 hours

The 48-hour time limit is counted hour by hour from the date of service. It is not extended at night or at weekends. In each detention centre, an association helps detainees exercise their rights, and you can ask for a court-appointed lawyer for the hearing.

The firm does not act for people held in detention. The extension of detention is a matter for the ordinary courts, in a separate procedure.

After the judgment

If the court sets aside the order to leave France, the measures that come with it fall with it. The préfecture gives you a temporary residence authorisation and re-examines your situation.

If the court dismisses the appeal, you can appeal within one month of the date the judgment is served. An order to leave France remains enforceable for three years.

Legal aid and fees

Legal aid can cover the fees, depending on your income. The application can be made at the same time as the appeal: do not wait for the answer to act. Without legal aid, Etienne Lemichel agrees a fixed fee with you, in writing, before any work starts.

Fees and legal aid

How the firm builds your defence

  1. Reading the decision: type of measure, date of service, applicable time limit, competent court.
  2. Gathering evidence: presence in France, family life, work, health, ties.
  3. Drafting the application and filing it with the competent court, within the time limit.
  4. Hearing: the firm presents your case to the judge.

To save time at the first meeting, prepare the documents on the checklist.

Frequently asked questions about the OQTF

Do I need a lawyer to challenge an OQTF?

No, not before the administrative court. But the time limits are short and the outcome depends on the arguments and the evidence: a lawyer avoids procedural and time-limit errors and gathers the relevant documents.

Can I be removed while the appeal is pending?

No, during the time limit to appeal and then until the administrative court has ruled. After a judgment dismissing the appeal, a further appeal no longer suspends removal.

Which court in Paris and Île-de-France?

The administrative court for the préfecture that took the decision: Paris, Montreuil, Cergy-Pontoise, Melun or Versailles. In detention or under house arrest, the court for the place of detention or house arrest.

What happens if the time limit has passed?

The appeal against the OQTF is no longer admissible. Depending on your situation, other solutions may exist: a meeting allows them to be examined.

How much does an appeal against an OQTF cost?

Etienne Lemichel works for a fixed fee, set in writing at the first meeting according to the work the case requires, and payable in up to three instalments. Legal aid can cover the fees, depending on your income.

Does the firm work outside Paris?

Yes. The firm appears before the administrative courts of Paris, Montreuil, Cergy-Pontoise, Melun and Versailles and, depending on the case, elsewhere in France. It can also meet you by video call.

Information up to date as of October 2026, based on Service-public.fr and the circular of 14 July 2024 on removal litigation (in French). It does not replace a review of your situation at a meeting.