He has never lived in Morocco, yet France can deport him there

The man has lived in France since birth, without ever having held a residence permit. In May 2024, while he was incarcerated, the prefect of Ain issued him an obligation to leave French territory (OQTF, without a period for voluntary departure, accompanied by a five-year ban on returning.

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His judicial record is particularly serious. He has been convicted several times for aggravated violence, threats, simple and aggravated theft, and the illegal transfer of funds to a detainee. In May 2014, he was notably sentenced to fifteen years of criminal imprisonment for armed extortion and extortion involving violence.

In total, the Moroccan national has spent nearly eighteen years in prison since reaching adulthood. At the time of the OQTF, he had been incarcerated continuously since April 2010. For the administrative courts, the seriousness and repeated nature of these acts make it possible to regard his presence in France as a threat to public order.

His entire family lives in France

Yet the person concerned had particularly strong ties to France. According to the Conseil d’État’s decision, all of his brothers and sisters, all French citizens, live in the country. He has also been in a relationship with a French woman for several years.

The couple have a French daughter born in 2016, over whom the father exercises parental authority. He therefore believed that his removal constituted a disproportionate interference with his private and family life, as well as with the best interests of his child.

However, the judges held that, because of his continuous incarceration since 2010, he had never shared a family life with his daughter or with her mother. They also noted that no evidence in the case file demonstrated any intention of social or professional integration, and that he had remained in an irregular situation throughout his time in France.

The case had nevertheless initially ended favorably for the Moroccan national. In June 2024, the Lyon administrative court had annulled his OQTF and ordered the prefecture to reconsider his situation. But the Lyon administrative court of appeal overturned that decision in January 2025.

Seized as the court of last resort, the Conseil d’État rejected his appeal on 10 April 2026. The OQTF is therefore upheld, as is the ban on returning to France for five years.

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A particularly serious decision for this man who, although a Moroccan national, was born in France nearly half a century ago and has never lived in any other country.