A ban on returning to France, known as an IRTF (interdiction de retour sur le territoire français), is an administrative measure usually linked to an OQTF. It prevents the person concerned from returning lawfully to France for the period set by the prefect and generally leads to a Schengen Information System alert.
When can an IRTF be imposed?
Under Articles L. 612-6 and following of the CESEDA, an IRTF may be mandatory or discretionary depending on whether a voluntary-departure period was granted, whether the person remained in France beyond that period and the circumstances of the case.
The administration may decide not to impose an IRTF where humanitarian circumstances justify an exception. Relevant matters can include serious health issues, children in France, particularly strong private and family ties, vulnerability or exceptional humanitarian conditions.
How is the duration determined?
When setting the duration, the prefect must consider the person's length of residence in France, the nature and duration of their ties to France, any previous removal measures and any public-order threat.
The maximum period is governed by the legislation in force and may be significantly longer where the administration relies on a serious public-order threat.
The prefect may also extend an existing IRTF in certain circumstances, including unlawful continued presence or unlawful return while the ban remains in force.
What are the consequences of an IRTF?
An active IRTF can:
- prevent lawful return to France;
- lead to refusal of a French visa;
- trigger an alert in the Schengen Information System and therefore affect entry into the wider Schengen area;
- complicate later residence or regularisation strategies.
A new application does not automatically neutralise the IRTF.
How can an IRTF be challenged?
Where the IRTF is issued with an OQTF, it should normally be challenged in the same administrative-court application.
The ordinary deadlines generally follow the OQTF procedure:
- one month in the ordinary case;
- seven days under house arrest;
- forty-eight hours in administrative detention.
Can an IRTF be revoked?
Yes. A person who has left France and resides abroad may, in appropriate circumstances, request revocation of the IRTF. The CESEDA also provides specific situations in which revocation follows compliance with the OQTF or in which the measure must be reconsidered.
A revocation request should explain:
- compliance with the OQTF;
- changes in family or personal circumstances;
- humanitarian factors;
- professional or social reintegration;
- the absence or reduction of any public-order concern.
Key point
An IRTF has consequences beyond France because of its interaction with the Schengen Information System. It should therefore be challenged or reviewed as early as possible rather than treated as a secondary consequence of the OQTF.
Fazolo Avocats assists clients with IRTF appeals, revocation requests and return-to-France strategies.
