Her ten-year residence card is granted, but the prefecture refuses to give it to her before her trip to Morocco
A Moroccan woman had obtained the renewal of her ten-year residence card and received a message inviting her to come and collect it. Her son then organized a family trip to Morocco. At the appointment, the prefecture ultimately refused to hand over the new document.
Born in 1960, the Moroccan national holds a residence card issued by the Cher prefecture in August 2016 and valid until August 4, 2026. Suffering from a disabling neurological disease, she receives daily assistance from her son with her administrative procedures.
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On June 4, 2026, the Ministry of the Interior issued a certificate of a favorable decision concerning the renewal of her residence document. A new residence card, valid from August 5, 2026, to August 4, 2036, was announced as being manufactured.
On July 1, the Cher prefecture sent her son an email expressly inviting him to make an appointment under the “Residence permit collection” section. He booked a slot for July 16 that same day.
The family then arranged for the Moroccan woman to leave for Morocco on July 21. Plane tickets were purchased, along with accommodation and a rental car. The trip was intended to allow her to reunite with her children living in Morocco during an annual family gathering.
At the counter, the card is ultimately not handed over
On July 16, the situation changed. According to the details reported in the order issued by the Orléans Administrative Court on July 18, 2026, a first official could not find the new document. A supervisor then indicated that it would not be handed over, as the old card remained valid until August 4. An internal procedure supposedly required waiting until the previous document expired.
Her son immediately petitioned the urgent applications judge. He asked for the new card to be handed over within 24 hours, subject to a penalty of €100 per day. Failing that, he sought reimbursement of the expenses incurred for the trip, as well as damages.
Above all, he explained that if his mother left for Morocco on July 21 and her old card expired during her stay, she might no longer have the document necessary to return to France.
The judge acknowledged that the failure to hand over the new document at the appointment made specifically for that purpose was “regrettable.” Nevertheless, he dismissed the application.
Since the current card remained valid until August 4, the court considered that there was no situation requiring intervention within 48 hours. The risk of finding herself in Morocco after the old document expired was deemed hypothetical and, according to the order, fell under the responsibility of the person concerned if she decided to travel nonetheless.
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The claims for reimbursement of the travel expenses and damages were also dismissed, as the judge hearing the freedom-protection application did not have jurisdiction to award such compensation in this procedure.
