OQTF Suspension Requests Before Administrative Courts: 2025 Procedure

Being handed an Obligation de Quitter le Territoire Français (OQTF) is frightening enough, but real panic sets in when the prefecture also orders immediate removal and police tell you a plane ticket could be issued within days. Fortunately, French administrative law gives you a powerful emergency weapon: the suspension request (référé-suspension) before the Tribunal Administratif. If the judge grants it, enforcement of the OQTF is frozen while your main appeal is examined—often the difference between staying in France with your family and deportation.

This 2025 guide explains, step by step, how to request suspension, the strict new digital-filing rules, and the evidence that convinces judges. It complements our practical overview in “OQTF Explained” and dives deeper into the urgent procedure itself.

1. Understanding the Suspension Request

Under Article L.521-1 of the Code of Justice Administrative (CJA), anyone appealing an administrative measure may ask the court to suspend execution when two conditions are met:

1. The appeal raises a serious doubt about the legality of the decision.
2. There is urgency—continuing enforcement would cause disproportionate harm.

For OQTFs, urgency is almost automatic: expulsion ends family life, work, studies, medical treatment, etc. The real battle is usually over serious doubt, which depends on how solid your legal arguments and supporting evidence are.

Suspension vs. Liberté Order

Feature	Référé-suspension (L.521-1 CJA)	Référé-liberté (L.521-2 CJA)
Purpose	Freeze enforcement until judgment on the merits	Stop a grave and manifestly illegal violation of a fundamental freedom
Time to hearing	48 h to 3 days typical	24 h (week-end/holidays included)
Success rate 2024 (national average)	32 %	18 %
Typical use in immigration	OQTF without detention	Deportation already scheduled, minors, detention conditions

Many applicants file both: référé-suspension plus a subsidiary référé-liberté if removal is imminent.

2. What Changed in 2025?

The Immigration & Integration Act (Law n° 2024-1555) and Decree n° 2025-122 introduced three major changes you must know:

• 100 % digital filing: since 1 March 2025, OQTF suspension requests must be lodged via the Télérecours Citoyens or, for lawyers, e-Barreau/Télérecours Pro. Paper filings are rejected unless you prove technological impossibility.
• Electronic notification: court summons and decisions are now notified by secure email. Check spam folders daily.
• Reasoned urgency presumption: for OQTFs with a 15-day appeal window, urgency is legally presumed (CJA L.521-1-1). This shifts the hearing focus to serious doubt and proportionality.

3. Countdown: Critical Deadlines

• Day 0 – You receive the OQTF (hand-delivery, registered post, or digital inbox).
• Day 1–15 – File the main appeal and the suspension request. Missing the 15-day limit is fatal.
• Within 48 h after filing, the registry emails a receipt (accusé de réception) with your case number.
• 3–8 days later, the prefecture files its defence.
• Hearing occurs between Day 5 and Day 10 (urgent calendar). You receive the date at least 48 h in advance.
• Decision is rendered within 48 h of the hearing and emailed the same day.

4. Preparing Your File: Documents That Win Cases

Judges skim suspension files quickly. The first pages must scream “serious doubt!” Consider organising evidence like this:

Exhibit Type	Typical Documents	Why It Matters
Identity & family ties	Birth certificates, PACS/marriage, children’s school certificates	Show disproportionate harm + Article 8 ECHR
Integration & work	CDI/CDD contract, payslips, tax return, French courses certificates	Undermines prefecture’s claim you lack integration
Medical issues	Médecin agréé report, hospital letters	Triggers Article L.611-3 CESEDA protection
Procedural defects	Copy of OQTF, proof of notification method, absence of reasoning	Creates “serious doubt” on legality
Country-of-origin risk	OFPRA/UNHCR reports, press articles, personal affidavit	Supports non-refoulement argument

Tip: Scan in colour at 300 dpi, label files “Exhibit 1 – Passport.pdf,” “Exhibit 2 – Employment.pdf,” etc. Télérecours rejects uploads over 25 MB; bundle large files into multiple exhibits.

5. Step-by-Step Digital Filing (Télérecours Citoyens)

1. Create an account with FranceConnect+ (Identité Numérique La Poste or equivalent). See our guide on Digital FranceConnect.
2. Select “Déposer un nouveau recours” → Tribunal Administratif of the prefecture that issued the OQTF.
3. Upload the petition (requête) in PDF, signed and dated. Maximum 20 pages is advisable.
4. Attach exhibits individually; the platform automatically numbers them.
5. Tick “Demande de référé-suspension” and paste a short summary (1 000 characters max).
6. Submit; download the platform’s electronic receipt.

Lawyers skip steps 1–2 by using Télérecours Pro through the e-Barreau portal.

6. Drafting the Legal Arguments

Your référé-suspension petition combines procedural law and storytelling. A common skeleton is:

• I. Admissibility (filed within 15 days; digital law complied with).
• II. Urgency (family life, employment, medical care; cite new presumption L.521-1-1 but detail harm).
• III. Serious Doubt on legality:
  • a) Error of law: prefect did not assess proportionality under Article L.611-7 CESEDA.
  • b) Procedural defect: missing individualised reasoning; copy-paste detected (CE, 21 Dec 2024, M. n° 472015).
  • c) Wrong facts: employment contract ignored; evidence attached.
• IV. Conclusion: ask the judge to suspend execution and order the prefecture to issue a récépissé allowing lawful stay.

Cite up-to-date case law from 2024-2025; administrative judges appreciate recent Conseil d’État rulings.

7. The Hearing: What Actually Happens

Hearings are usually hybrid in 2025:

• Applicants detained in CRA or far away can appear by secure video link.
• Interpreters are provided if requested online at least 48 h before.
• The judge (or 3-judge panel in Paris/Lyon) listens to both sides, asks questions, and closes the session within 20 minutes.

Dress respectfully. Bring hard copies of any last-minute documents plus your ID to clear security at the courthouse.

8. Possible Outcomes

1. Order of Suspension: the OQTF is frozen. Prefecture must issue a récépissé or APS within 72 h. You remain in France legally until the court decides on the main appeal (10–12 months average in 2025).
2. Partial suspension: only the removal order is frozen, but obligation to leave within 30 days stays. Rare.
3. Rejection: enforcement continues. You can file a Conseil d’État cassation appeal within 15 days, but it does not automatically suspend removal. Explore human-rights injunctions (CEDH Rule 39) if risk of persecution.

9. Costs, Court Fees, and Legal Aid

Administrative référé procedures are fee-free. Main expenses are lawyer fees (average €1 200–€2 000 for combined appeal + référé). If your taxable income is below €13 000, apply online for aide juridictionnelle; approval rates in immigration matters reached 71 % in 2024, according to the Ministry of Justice annual report.

10. Seven Common Mistakes That Sink Cases

• Filing only the suspension request without the main appeal.
• Exceeding the 25 MB Télérecours upload limit and assuming the registry will call you.
• Forgetting to sign the petition PDF.
• Citing outdated Articles (e.g., former L.511-1) after the 2024 recodification.
• Not checking email spam folders for the hearing notice.
• Arriving late; judges often hear immigration référés first at 9 a.m.
• Presenting untranslated foreign-language evidence (French translation required, even informal).

11. How ImmiFrance Can Help

Suspension requests move at lightning speed. ImmiFrance offers:

• 48-hour dossier review to flag missing documents and craft serious-doubt arguments.
• Prefecture file audit: we retrieve your administrative dossier (CADA request) to uncover procedural defects.
• Lawyer matching within our network of specialised avocats who litigate OQTFs daily.
• Real-time case tracking with notifications of prefecture replies, hearing dates, and decisions.

If you have just received an OQTF, time is short. Book an emergency consultation now to secure your stay in France while you fight your case.