#2026-455France Adjusts Appeal Deadlines for Certain Asylum and Removal Decisions
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This decree adjusts the deadlines for challenging certain asylum and removal decisions in France, aligning French rules with the EU’s new common procedure for international protection. In standard cases, applicants have one month from notification to bring a case before the administrative court, and the court normally has six months to decide. For some removal orders linked to rejected protection claims under the EU framework, the decree points to a different, shorter appeal route already set out in French law. The main practical impact is on foreign nationals challenging removal decisions, their lawyers, prefectures, and administrative courts, which will need to apply the correct deadline depending on the type of case.
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Key Changes
- Sets the standard court appeal deadline at one month from notification for covered immigration and asylum decisions.
- Confirms that administrative courts normally have six months from the appeal filing to decide these cases.
- Applies a separate, shorter appeal deadline to certain French removal orders linked to EU asylum procedure cases.
Obligations
What this law requires
Foreign nationals wishing to challenge decisions covered by CESEDA Article L. 614-1 must bring the case before the administrative court within the appeal deadline provided by CESEDA Article R. 911-1, namely one month from notification of the decision.
Administrative courts must decide cases brought under the R. 911-1 procedure within six months from the filing of the appeal, subject to the exceptions referenced in Article L. 911-1.
In cases falling under point (a) of Article 67(7) of Regulation (EU) 2024/1348, appeals against an obligation to leave French territory issued under CESEDA Article L. 611-1(4), and any accompanying decisions listed in Article L. 614-1, must use the appeal deadline provided by CESEDA Article L. 921-1 rather than the general R. 911-1 deadline.
Parties must not rely on an administrative appeal to extend the contentious appeal deadline under CESEDA Article R. 911-1, because the decree states that the litigation appeal period is not prolonged by filing an administrative appeal.
Prefectures and competent authorities issuing covered asylum or removal decisions must apply the correct procedural reference and deadline regime: R. 911-1 for ordinary covered decisions, and L. 921-1 for the specified Article 67(7)(a) Regulation (EU) 2024/1348 cases involving removal orders under L. 611-1(4).