sentenced to prison for refusing his OQTF

As the deputy prosecutor says, “to pass a case of non-compliance with an obligation to leave French territory [OQTF] in immediate appearance is not a trivial thing.” The 19-year-old young man found himself before the Niort criminal court on Thursday, October 31, because a few days earlier, he had refused his expulsion from French territory.

“You are under house arrest in Thouars, you will clock in as usual but this time you are informed that the prefect is asking you to go to Bordeaux where a plane is waiting for you for Paris, from where another plane will take you back to your country, Egypt »tells him the president, Éric Duraffour, who speaks of a “final decision”.

To justify the expulsion of this young man who arrived in France when he was a minor, we cite in particular a lack of will in the search for work but above all “this conviction which you received last May, for domestic violence”, the judge reminds him. But according to the respondent, supported by M^e Ambroise Garlopeau, he is the future father of a baby who is due to be born in a few months, his ex-partner being pregnant with him. “She says it herself, he is indeed the father,” argues the lawyer, convinced that this new information will make it possible to avoid his expulsion.

He considers himself in danger of death in his country of origin

Because the defendant has already tried to have his OQTF canceled by filing an appeal with the administrative court. “The appeal was rejected, so that is enough to order the OQTF”, specifies the prosecutor, requesting four months in prison against him.

M^e Garlopeau does not see it that way, since an appeal of this decision was filed, the latter being still in progress. “If the administrative court of appeal cancels the OQTF, which I believe it will do, what will we do? You should have waited for this decision, but I think you want to condemn him for the wrong reasons. »

The Egyptian, who does not wish to return to his country, justifies a danger of death, after threats received from his father, in particular. “I only want one thing, to find a job in France. » “You have already been given the opportunityretorts Éric Duraffour. You were an apprentice in a car garage in Parthenay but you were conspicuous by your absence on several occasions. »

The court follows through with its thoughts: the young man is sentenced to four months in prison for evading his OQTF, he is kept in detention.