Risk on removal

Country of removal and Article 3 ECHR protection

The decision naming the country of removal can be challenged even where the OQTF raises separate issues. The practical task is to show, through current and individual evidence, that removal to the designated country would expose the person to a risk prohibited by French law and Article 3 ECHR.

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A separate decision to examine

An OQTF requires the person to leave France; the destination decision identifies the country to which removal may be enforced. A court can therefore assess the legality of the two measures separately.

Identify the country named in the order, the reasons given and the prefecture’s response to any risk previously raised. A generic formula may be inadequate where precise information had been put before the authority.

The non-refoulement rule

Article L. 721-4 CESEDA prevents removal to a country where the person’s life or freedom would be threatened or where they would face treatment contrary to Article 3 of the European Convention on Human Rights.

The assessment is not limited to general country conditions. It should explain how the person’s profile, history, home region, health or other characteristics expose them individually to the alleged risk.

Build the evidential record

Collect earlier asylum decisions, interview records and statements, identity papers, detailed medical evidence, complaints, threats, witness statements and recent reliable information about the relevant area. Each item should be tied to a fact in the case.

Earlier inconsistencies should be identified and addressed carefully. General country material does not replace individual proof; equally, a personal statement is stronger when tested against reliable and current public information.

Deadline and procedure

The destination is commonly served in the same order as the OQTF. The challenge must then be prepared within the procedure and deadline applying to that set of decisions, making the date and method of service essential.

The application may seek cancellation of the destination alone or also challenge other measures where separate grounds exist. The outcome on one measure does not automatically determine the others.

Counsel’s role

Counsel organises the chronology, compares earlier accounts with new evidence, selects the relevant country material and presents the individual risk without burying it in a general discussion.

A favourable judgment in another person’s case, even involving the same country, is not a guarantee. The court decides on the evidence and circumstances of the individual file.

Discuss your situation

You can send the firm the essential facts, relevant dates and any known deadline.

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Frequently asked questions

Can the court cancel only the country of removal?

Yes. The OQTF and destination decision are legally distinct, so cancelling the destination does not necessarily cancel the OQTF.

Are news reports about the country enough?

Usually not. They may establish context, but the material must be connected to the person’s own profile and risk.

Should I provide my earlier asylum file?

Yes, if one exists. Decisions, interview records and earlier evidence show what has already been examined and what is genuinely new.

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