Her seriously ill daughter has been treated in France since 2018: Moroccan woman loses appeal to remain

The Moroccan woman, born in 1980, arrived in France on February 3, 2018, with her daughter, born in 2007. The latter was suffering from a craniopharyngioma, a brain tumor that had already required an initial operation in Morocco in August 2017.

A new surgical procedure was carried out in February 2018 at Angers University Hospital, followed by proton therapy. Since then, the girl has received annual monitoring, scheduled for ten years, in the oncology-radiotherapy department of the Gustave-Roussy Institute in Villejuif, details an order from the Douai Administrative Court of Appeal published by Pappers Justice.

She also suffers from diabetes insipidus associated with panhypopituitarism, blindness in her right eye and a severe loss of visual acuity in her left eye. Her treatment includes, in particular, Minirin, Hydrocortisone and Levothyrox.

Care deemed available in Morocco

Her mother had obtained, starting in September 2020, a temporary residence authorization as the accompanying parent of a sick child, regularly renewed until March 2023. She then requested its renewal as well as a “private and family life” residence permit.

The prefect of Nord refused on March 19, 2024. The doctors from the French Office for Immigration and Integration nevertheless acknowledged that the absence of medical care could have exceptionally serious consequences for the girl. They considered, however, that appropriate treatment was available in Morocco and that she could travel there without risk.

The court considers that the mother has provided no medical evidence capable of calling this assessment into question. According to the judges, her arguments concerning the difficulties of the Moroccan healthcare system likewise do not establish that her daughter would be unable in practice to receive the necessary care there.

The Moroccan woman also cited her integration in France. She has worked since November 2021 on a permanent part-time contract as a chambermaid, and her brother is French. The court nevertheless considers that these factors do not constitute sufficiently strong ties, whereas her husband and son live in Morocco.

In an order dated September 1, the Douai Administrative Court of Appeal ruled that her appeal against the refusal of a residence permit was “manifestly unfounded.”

This situation does not, however, mean an immediate departure. After she lodged her appeal, the prefecture issued her a new temporary residence authorization valid from June 9 to December 6, 2026. Consequently, the 30-day OQTF and the one-year re-entry ban imposed in 2024 were considered by the court to have been implicitly repealed.