Each day, this jurisdiction deals with litigation linked to refusals of residence permit or obligations to leave the territory. In France, 40 % of the activity of these courts concerns people in an irregular situation.
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“I know what I am worth on the job market …” Oumayma E. did not finish his sentence that the magistrate cuts it. However, she would like to talk about her career, her MBA in data management obtained in a business school in Bordeaux, the CDI which she has just signed for 38,500 euros per year, of her status as a framework. But that is not the place, it is explained to him. She’s sorry. “It is the first time that I am given a voice in nine months, it has been close to my heart.” Polished and dressed in her white tailor jacket, the young Moroccan will say any more.
This Wednesday, June 8, before the Administrative Court of Montreuil (Seine-Saint-Denis), she plays her future in France. She disputes the refusal of a residence permit and the obligation to leave French territory (OQTF) that the prefecture of Seine-Saint-Denis delivered to her on July 26, 2021. “She is in a completely desperate situation”, pleads her lawyer . The case is deliberated. Oumayma E. will know a few days later if the administrative court suspends the prefect’s decision.
That day, in front of the various chambers of the court, dozens of requests deposited by foreigners will be examined. After Oumayma E., it is Mahamadou D. who appears at the helm, to challenge a refusal of a residence permitted with an OQTF. This young Malian has been in France since 2015. Holder of a license in letters and languages of the University of Paris-VIII, he asked the prefecture to transform his student residence permit into employee defending as he joined the Leroy-Merlin brand as a logistician in 2020, first part-time before being offered a CDI. The prefect refused. His lawyer evokes the certificate of her employer, who praises the “irreproachable investment” of Mahamadou. “There is an emergency to allow Mr. D. to sign his CDI,” she pleads.
will follow a dozen other files, including that of a Sri Lankan couple who wants to have the State sentenced to him some 6,000 euros in delivery costs he had to pay to the Hospital at the birth of her child in 2018. The mother, Sangeetha M., was then in an irregular situation. Since then, the court has judged that the prefecture had wrongly refused her the benefit of a family reunification and that she should have had a residence permit.
“100 332 requests” in 2021
will still succeed asylum seekers who argue the cancellation of their transfer to other member states. France refuses to examine their asylum requests because, under the European Dublin regulation, it considers that their file must be processed by the State of the European Union in which they have been registered beforehand. They challenge this appreciation.
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