In a decision handed down on 25 September 2026 (Case No. 509699), France’s Council of State ruled that prefects must review deportation orders ex officio when presented with new family-unity evidence—even if the foreign national has missed appeal deadlines. The case involved an Algerian father of two French minors whose earlier submissions were rejected due to incomplete payslips. The high court held that European Convention on Human Rights Article 8 (right to family life) obliges authorities to balance public-order concerns against fresh circumstances. Failure to do so constitutes a ‘manifest error’ rendering subsequent removals illegal. The judgment sets an important precedent for mobility practitioners assisting employees whose family situations evolve after an OQTF is issued. Prefectures will now need updated internal protocols to flag deportation files for automatic reassessment when new documents arrive—such as a child’s French-school enrolment certificate or a partner’s pregnancy attestation. For employers, the ruling offers a potential lifeline: staff members facing expulsion may submit additional evidence at any stage, buying time to regularise status. However, the court also emphasised that abuse of process—like filing patently irrelevant documents—could still lead to fines. HR departments should therefore seek qualified legal advice before lodging supplementary material. Relocation providers should update guidance notes and inform impacted assignees that a late re-examination request is now a viable option, reducing the risk of abrupt terminations and family separations.
