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Mme Nouria Hebbar, n° 0002841/4 , 28 novembre 2003, Tribunal administratif de Paris, AJDA 2004 Informations rapides p. 1046

Facts: Mme Hebbar was a national of Algeria and was married to a French national. She asked to beneficiate from a French residency card pursuant to article 7 bis of the agreement between France and Algeria on December 27, 1968. Her application was refused. She appealed this decision before the Administrative Tribunal of Paris to obtain the cancellation of the refusal by the Préfet of Paris.

Holding: the Administrative Tribunal of Paris rejected Mme Hebbar's claim.

Reasoning: even if the agreement between Algeria and France regulates the situation of Algerian nationals in France, article 2 of the Decree of November 2, 1945 regulating the residency of foreigners in France still applies. The Tribunal rejected her claim on the ground that M. Hebbar was under legal guardianship and was hospitalized at the time of the marriage and that Mme Hebbar and M. Hebbar never lived together. Therefore the Court held that it was a "fake marriage" with the only aim to obtain the French residency card, whereby the decision of the Préfet of Paris was justified

 

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