Refusal of entry into France of a foreigner

Verified 23 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Additional cases ?

For a European

A foreigner may be denied entry to France in certain cases. A decision to refuse entry is then taken against him by the administration. During the proceedings, he has rights, including the right to appeal against the refusal of entry before the administrative judge. If he has not lodged such an appeal or if the appeal is dismissed by the judge, he shall be forcibly removed from France. The rules are different for an asylum seeker. Here's the information you need to know.

General case

You may be refused admission to France if you are in one of the following situations:

Warning  

Other rules apply if you are a national of European country.

Decision to refuse entry

Any refusal of entry into France shall be the subject of a written decision and reasoned.

This decision must be handed to you personally.

It is taken by the head of the police or customs department responsible for border control or the commander of the gendarmerie unit (or by an agent designated by him).

Rights of the foreigner

The decision to refuse entry is notified and mentions your rights.

You can notify the person you are staying with, your consulate or the lawyer of your choice.

If you are refused entry at an air or sea border, you can also refuse to be repatriated before 1 free day (so the day after your arrival, at midnight).

Language used during the procedure

The decision and notification of your rights must be communicated to you in a language you understand. At the beginning of the procedure, you must indicate the language you understand and whether you can read. If you refuse, the language used is French.

You can deposit a action for annulment against the refusal of entry to the Administrative Court.

At the same time, you can make a interim suspension.

You can also challenge the refusal of entry by a interim freedom (safeguarding a fundamental freedom).

Who shall I contact

The administration may force you back.

In case of refusal of entry at an air or sea border, you can ask not to be expatriated before the end of the 1 free day.

Pending your repatriation, you can be placed in holding area.

The procedure is different depending on whether you have applied for the free 1 day period or not. It also varies if you have challenged the refusal decision.

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You refused the 1 clear day deadline

You're repatriated as soon as possible.

You are then returned to your country of origin or the country from which you come or any other country where you may be admitted.

You have asked to benefit from the 1 clear day deadline

You are repatriated at the end of this period.

You are then returned to your country of origin or the country from which you come or any other country where you may be admitted.

You filed an appeal and an application for interim measures

Application for interim measures

You can't be repatriated until the judge decides on the appeal.

Application for interim relief

You can't be repatriated until the judge decides. He has to make a decision within 48 hours.

Asylum seeker

You are concerned if you are a foreigner.

If you are a minor, you can also be refused entry.

Warning  

This procedure does not concern a foreigner who is a national of European countrynor the members of his family living in France with him.

You can be refused admission to France if you are in one of the following cases:

  • Your claim for asylum at the border was rejected because it was manifestly unfounded
  • Your asylum application is inadmissible because you already have protection in another state
  • The examination of your asylum application is the responsibility of another State following the Dublin III Regulation
  • Your presence in France would represent a threat to public order
  • You are registered for the purposes of non-admission in the Schengen Information System or pose a threat to the security, public health or international relations of a country the Schengen area
  • You are subject to a prohibition order (judicial prohibition of french territory, expulsion order, return ban, administrative inadmissibility)

Decision to refuse entry

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The decision is then taken by the Minister of the Interior, after consultation with theOfpra: titleContent.

Rights of the foreigner

The decision to refuse entry is notified in a language you understand and mention your rights.

You can notify the person you are staying with, your consulate or the lawyer of your choice.

You can also refuse to be repatriated before 1 free day (so the day after your arrival, at midnight).

You can finally form a suspensive judicial review. The remedies and time limits for appeal shall be specified in the decision refusing entry.

Language used during the procedure

The decision and notification of your rights must be communicated to you in a language you understand.

At the beginning of the procedure, you must indicate the language you understand and whether you can read. If you refuse, the language used is French.

You can drop off, within 48 hours, an action for annulment suspensive against the refusal of entry to the Administrative Court.

If the court dismisses the appeal, you can appeal within 15 days before the president of the administrative court of appeal. This appeal is not suspensive.

Who shall I contact

The administration may force you out of France.

But it has to meet certain deadlines, which vary depending on whether you have filed or not suspensive appeal.

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You did not file a suspensive appeal

Your repatriation cannot take place before 48 hours after you refuse entry.

You filed a suspensive appeal

Your repatriation cannot take place until the judge has made a decision. He has a deadline of 72 hours to take it.

Pending your repatriation, you can be placed in holding area.

You are then returned to your country of origin or the country from which you come or any other country where you may be admitted.

Who can help me?

Find who can answer your questions in your region

  • French Embassy or Consulate Abroad

  • Telephone administrative information - Allo Public Service

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