The prefecture cites unprosecuted calls to deport a Moroccan man, but the courts block everything

– bySylvanus · 2 min read
The prefecture cites unprosecuted calls to deport a Moroccan man, but the courts block everything

The Var prefecture refused to renew a 60-year-old Moroccan man’s residence permit and ordered him to leave France. It cited a conviction for drunk driving and malicious calls that had not resulted in a conviction. The judge suspends all of these decisions.

The Moroccan national, born on 27 October 1965, had applied to renew his residence permit. On 19 June 2026, the prefect of Var rejected his application, issued him an order to leave France within thirty days and designated the country to which he could be removed.

The authorities considered that his presence constituted a threat to public order. They first relied on a conviction for drunk driving dating back to March 2022. They also accused him of repeated malicious telephone calls, reported in 2025 in connection with a past or present relationship.

The Moroccan man petitioned the urgent applications judge on 10 August. Presenting himself as a self-employed entrepreneur, he argued that losing his permit jeopardised his family’s financial stability. Above all, he disputed the threat to public order held against him: he acknowledged the 2022 conviction, but maintained that the malicious calls had not led to any conviction.

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Because the refusal concerned the renewal of a residence permit, the court recognised a presumption of urgency. Nothing in the case file allowed that presumption to be rebutted, especially since the prefect of Var had submitted no defence.

The prefect does not specify what happened next in the case

In its order of 28 August 2026, the Toulon Administrative Court noted that the authorities provided no details about the action taken regarding the 2025 events. On the basis of the case file as it stood, the judge considered that using these two cases to establish a threat to public order created serious doubt as to the lawfulness of the refusal of residence.

The reasoning echoes another case in which insufficiently established facts had weakened a prefectural decision. Without examining the Moroccan man’s other arguments, the court suspended the refusal to renew his permit, the OQTF and the decision setting his destination country.

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The prefect of Var must issue him a temporary residence permit within one month. It must be renewed until the courts rule on the merits of his appeal. The State will also pay him 800 euros for legal costs.