A 53-year-old Senegalese national, who entered France regularly in 2011, with a passport and a long-stay visa as the spouse of a French person, has just had the prefecture’s decision annulled by the Orléans administrative court. of Eure-et-Loir who had refused to renew his residence permit.
The man had benefited from a resident card between 2012 and 2022. In April 2022, he requested the renewal of this residence permit, but the prefect of Eure-et-Loir rejected his request a few months later.
“Isolated facts”
According to French law, “the issuance of a temporary or multi-year residence card or a resident card may, by a reasoned decision, be refused to any foreigner whose presence in France constitutes a threat to public order” .
To refuse the renewal of the residence permit, the prefecture of Eure-et-Loir based itself on this point of law by indicating that the applicant had been sentenced on March 11, 2020, by the Chartres criminal court, to a sentence of four months suspended imprisonment accompanied by an obligation to complete a responsibility training course for the prevention and fight against violence within the couple.
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The administrative court of Orléans considered that “despite the reprehensible nature, these facts are isolated and do not in themselves allow us to consider that the presence in France [du ressortissant sénégalais] constituted, on the date of the contested order, a threat to public order.”
The judgment specifies that “the prefect of Eure-et-Loir could not legally refuse to renew the resident card” to the applicant and annulled his decision.
François Feuilleux
