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DISTANCE OF A FOREIGNER
Find below all the expertise related to the removal of a foreigner:
"We are twice armed, if we fight with faith"
Plato
Removal is a generic term which designates any measure consisting in removing from the national territory a foreigner who is already there.
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REMOVAL MEASURES
Obligation to Leave French Territory (OQTF):
The Prefecture can grant a voluntary departure period of 30 days. This period may be extended if particular circumstances so require.
The Prefecture can issue an OQTF without delay, if:
o Public order threat
o Refusal of stay based on the manifestly unfounded or fraudulent nature of the request
o Risk that the foreigner will evade the execution of the OQTF
Prohibition of Return to French Territory (IRTF):
This measure can be pronounced at the same time as an OQTF, if the voluntary departure period has not been granted or if the foreigner has already been the subject of an OQTF not executed.
EXECUTION OF REMOVAL MEASURES
House arrest:
The decision to assign a foreigner to residence may be taken by the Prefect or a judge to implement a removal measure, during the time necessary to organize his departure.
The challenge of such a measure is framed by very strict deadlines.
Placement in a detention center:
Placement in detention makes it possible to keep a foreigner who is the subject of an expulsion decision in a closed place, pending his forced return.
Beyond 48 hours of detention, the contestation of the extension decision must be made before the liberty and detention judge.