Court Overturns Deportation Order for Tunisian Man Married to French Citizen

In an order dated October 17, 2024, the Vosges prefecture rejected the residence permit application bearing the mention "private and family life" of this Tunisian national, residing in France since January 2022 and married to a French woman in April 2024. The young Tunisian was also issued an Obligation to Leave French Territory (OQTF).

Feeling wronged, the 24-year-old man appealed to the Administrative Court of Nancy to request the cancellation of the prefectural order and to be issued a temporary residence permit, pending the re-examination of his residence permit application. Summoned by the court, the prefecture considered that the Tunisian national’s request was unfounded.

However, the applicant provided proof of his marriage in April 2024 and that he and his French partner had been living together since March of the same year. The couple had a stillborn child in January 2024, as evidenced by the civil status document produced in the file. Similarly, a midwife’s certificate proves that the Tunisian’s wife was pregnant with his child when the prefecture decided to place him under OQTF.

Considering all these elements, the court decided to cancel the prefectural order refusing to issue the residence permit and notifying the OQTF. In its decision of May 6, the Administrative Court of Nancy ordered the Vosges prefecture to issue the applicant a temporary residence permit, pending the establishment of his temporary residence card within a period of two months.