The French entry ban (IRTF) and the Schengen Information System (SIS) non-admission report are restrictive measures that can be imposed on foreigners present in France. These measures can have severe consequences on the lives of affected individuals, depriving them of their freedom of movement and restricting their fundamental rights. In this article, we will discuss the available administrative and judicial remedies against these decisions, providing affected foreigners with a path for recourse to challenge their situation.
The French Entry Ban (IRTF)
The IRTF is an administrative measure that prohibits a foreigner who has been subject to an expulsion or a refusal of entry into France from returning for a specified period. It can also be imposed following a criminal conviction for serious offenses.
Administrative Remedies against IRTF
When a foreigner is subject to a French entry ban (IRTF), they have various avenues for recourse to contest this decision. Here are the main possibilities:
Administrative Appeal
The foreigner can file an administrative appeal with the competent administrative authority, usually the prefecture or the immigration department. This appeal must be submitted within two months from the notification of the IRTF decision. The administrative authority will then review the decision and may cancel it if it is deemed irregular.
Judicial Review
If the administrative appeal is rejected or if no decision is rendered within a reasonable period, the foreigner can initiate a judicial review before the relevant administrative court. This review must be filed within two months from the notification of the rejection of the administrative appeal. The administrative court will examine the legality of the IRTF decision and may annul it if found to be unlawful.
It is important to note that the judicial review before the administrative court often requires the assistance of a lawyer specialized in immigration law who can effectively represent the foreigner and protect their interests.
Schengen Information System (SIS) Non-Admission Report:
The Schengen Information System (SIS) is a database that allows Schengen Area member states to share information about wanted individuals or those subject to restrictive measures, such as entry bans.
Non-Admission Administrative Remedies
When a foreigner faces a refusal of admission to French territory due to a non-admission report in the SIS, they can initiate an administrative recourse before the competent authority, usually the prefecture or the immigration department. This recourse must be filed within a specified timeframe indicated in the notification of the refusal of admission, which may vary depending on the circumstances.
Administrative Appeal
The administrative recourse allows the foreigner to contest the non-admission decision and present arguments demonstrating that the SIS report is unjustified or that they no longer pose a threat to public order. The administrative authority will then review the recourse and may cancel the non-admission decision if it deems the report unjustified or if circumstances have changed.
Judicial Review
If the administrative recourse is rejected or if no decision is rendered within a reasonable period, the foreigner can initiate a judicial review before the relevant administrative court. This recourse must be filed within a specified timeframe indicated in the notification of the refusal of admission.
The administrative court will examine the legality of the non-admission decision and may annul it if found to be unlawful. The foreigner must present strong arguments demonstrating that the SIS report is not based on valid grounds or that circumstances have changed since the initial report.
It is important to note that the judicial review before the administrative court often requires the assistance of a lawyer specialized in immigration law who can appropriately prepare and present the legal arguments.
