Convicted in France, this Moroccan national who has lived there since childhood overturns his OQTF

Born in 1993, the Moroccan national says he arrived in France at the age of eight. The documents submitted in the case establish his presence in the country since 2002.

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After benefiting from travel documents for foreign minors, followed by several temporary permits, he obtained a multi-year residence permit valid from January 2023 to January 2027.

But in May 2023, the Bobigny Criminal Court sentenced him to four years in prison, including eighteen months suspended with probation, for the unauthorized transport and possession of narcotics, as well as participation in a criminal association.

In July 2024, the prefect of Pyrénées-Orientales withdrew his residence permit. He also ordered him to leave France immediately and issued a two-year ban on returning.

The authorities notably considered that the Moroccan national was single, had no children and was merely being accommodated by his brother. They also believed that he had not shown that he had severed all ties with Morocco.

His entire family lives in France

The Montpellier Administrative Court had initially upheld the prefectural decisions. However, the Toulouse Administrative Court of Appeal took the Moroccan national’s entire background into account.

His parents, brothers and sister live legally in France, and one of his brothers holds French nationality. He was also in a relationship with a French woman, whom he married in July 2025.

The Moroccan national had attended school in France and worked for several years. After his detention, he completed forklift-operator training, registered with France Travail and secured a permanent contract in August 2024 as an order picker.

The judges primarily noted that the 2023 conviction was the only one recorded on his criminal record. Despite the seriousness of the offences, they considered that the center of his personal and family interests was in France.

In its ruling issued on 7 July 2026, the Toulouse Administrative Court of Appeal therefore held that withdrawing his residence permit constituted a disproportionate interference with his right to respect for his private and family life.

The court annulled the withdrawal of his multi-year permit, the OQTF without delay, the decision determining the country to which he would be returned and the two-year ban on returning to France.

The Seine-Saint-Denis prefecture must immediately issue him a temporary residence authorization and reassess his situation within two months. The ruling therefore does not automatically restore his permit valid until 2027, but it allows him to remain legally in France during this new review.

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The State was also ordered to pay him 1,500 euros.