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France / Administrative Court of Appeal, Lyon / 12LY02929

Prefect of Rhône v Mrs A

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Administrative Court of Appeal, Lyon
Decision date:

Key facts of the case:

Policy area concerned –law concerning foreign nationals Facts of the case: The Prefect contests the annulment of his decision imposing an obligation to leave the French territory by the first instance administrative court. The Prefect issued an obligation to leave the French territory pleading that Mrs A abused her right of residence in France for a period of up to three months, multiplying such stays without meeting conditions for the right of residence for a period of longer than three months, and enjoying social, medical and emergency housing assistance (article L. 511-3-1 of Code of Entry and Residence of Aliens and the Right to Asylum). Legal questions raised: the definition of the abuse of the right of residence. Can the right of residence be justified by the right to family life (husband having Romanian nationality and working in France but without any right of residence) or/and by the best interest of the child (going to school in France)? What are the procedural guarantees provided to a person forced to leave the French territory?