OQTF, five-year ban, house arrest: this Moroccan woman overturns everything

The Moroccan national, born in 1987, entered France legally in August 2018. She has been married to a Frenchman since April 2024, and the couple has a French child, born a few months later. She also works as a saleswoman in a bakery.

In December 2024, she applied for a residence permit as the parent of a French child. But on 4 August 2026, the prefect of Hauts-de-Seine issued a series of particularly severe decisions: refusal of residence, an order to leave France immediately, designation of the country of return and a ban on returning to French territory for five years.

A second order issued the same day also placed her under house arrest.

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To justify the refusal of residence, the prefecture considered that the Moroccan woman’s presence constituted a threat to public order. The administration relied on a conviction handed down in June 2025 by the Nanterre Criminal Court.

The young woman had been fined 800 euros, including 400 euros suspended, and banned from carrying a weapon for two years. The events concerned an altercation that took place in Meudon in July 2024 and was classified as violence involving the use or threat of a weapon, resulting in incapacity not exceeding eight days.

But the Cergy-Pontoise Administrative Court did not accept the prefecture’s reasoning. In its judgment of 2 September, available on Pappers Justice, it noted that these events were isolated and that the sentence imposed by the criminal court was light. The person with whom the Moroccan woman had had the altercation had also been convicted.

The judges concluded that this single case was not sufficient to establish that the Moroccan woman represented a threat to public order. A similar assessment recently enabled a Moroccan man convicted in France to have his OQTF overturned.

The prefecture must now grant her a residence permit

The court also examined the applicant’s family situation. She lives with her French husband and their French child and works in France. In the judges’ view, she had therefore established the center of her private and family interests there.

Under these circumstances, the refusal of residence disproportionately infringed her right to respect for her private and family life. This unlawfulness brought down the rest of the procedure.

The court therefore annulled the refusal to issue a residence permit, the OQTF without a grace period, the decision designating the country of destination, the five-year re-entry ban and the house arrest.

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And this time, the prefecture must do more than simply reconsider the case. The judge ordered it to issue the Moroccan woman a temporary “private and family life” residence permit within two months.

Her alert for the purpose of refusing admission in the Schengen Information System must also be deleted within three months. The State was finally ordered to pay her 1,000 euros for her legal costs.