The Council of State was seized of a question from the CAA of Lyon: does the competent prefect to pronounce the OQTF vary according to the basis of the OQTF? For example, if a foreign national is domiciled in the department X but questioned in department Y, who is the competent prefect? For the Council of State, no distinction based on the basis of the OQTF:

1. The prefect of the place of residence/domiciliation is always competent to issue an OQTF, whatever the basis.

The public rapporteur, who had proposed this solution in his conclusions, sees it as a "pragmatic" approach to avoid "the opening of a debate on external legality on territorial jurisdiction which, according to [him], would be likely to weaken the decisions taken , for artificial reasons.

2. If the irregularity of the stay is noted in another department, the prefect of this department is also competent.

The prefect of the place of observation of the irregularity of the stay (place of arrest, for example) has concurrent jurisdiction with that of the prefect of the place of residence or domiciliation. The two prefects can legally enact an OQTF.

To be accompanied in your appeal against an OQTF, contact us:

Alexandre DELAVAY

E-mail : alexandre.delavay@delavay-avocat.fr

Such. : 33 66060939326