There are a variety of measures of banishment from French territory to which a foreigner may be subject:

  • after a control if identity;
  • In a residency permit, or its renewal, are refused;
  • following definitive denial of asylum.

Banishment may also be coupled to a specific time frame in which the foreigner must leave France, and/or the interdiction to return to French territory.

Expulsion decree

Expulsion decree if the Administration believes the foreigner represents a grave threat to public order and safety, or to the nation’s fundamental interests.

The network’s lawyers become involved in such cases as soon as they reach the Expulsion Commission (COMEX) stage.

Decree to send a foreigner back to a member state of the European Union

Interdiction to stay on, or to come onto, French territory: this can be a primary or complementary sentence, during a penal trial.

Network lawyers can request the lifting of such an interdiction by appeal to the (latest) jurisdiction which confirmed it.

Foreigners subject to expulsion may be placed in administrative detention centers while awaiting the actual expulsion itself. If they are deemed sufficiently trustworthy, they can be assigned to house-arrest at their current residence.

Network lawyers must be contacted without delay when notified of any such procedure, as some require that an appeal be filed within 48 hours.

The network’s lawyers can intervene at the Administrative and judicial levels to fight expulsion measures.

  • Date 9 December 2016
  • Tags Immigration Law