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M.X , Jugement rendu par Tribunal administratif de Lille, 3 juillet 2002, Recueil Dalloz 2004 Jurisprudence p. 587

Facts: The applicant was M. X and was of Filipino nationality. He entered France with a visa delivered on August 11, 2001 and stayed irregularly in France after the visa expired. On March 20, 2002 he asked for a temporary card to stay in France for "private and familial life" reasons on the ground that he concluded a Civil Solidarity Pact   (pacte civil de solidarité) with a French person on December 13, 2001. On March 26, 2002, the préfet of the Department of Pas-de-Calais rejected this claim and asked for the deportation of the applicant. The applicant appealed this decision before the Administrative Tribunal of Lille.

Procedure: the Administrative Tribunal of Lille ruled in favor of the applicant and cancelled the rejection of the applicant's claim to be granted a temporary card to stay in France.

Holding: the conclusion of a Civil Solidarity Pact (pacte civil de solidarité) by a foreigner with either a French person or a foreigner in regular situation in France does not give the automatic right to stay in France with a temporary card. However the formation of such a contract must be taken into account in the issuance of a temporary card to a foreigner. The failure to do so might infringe on the right to respect of the private life of the individual.

Reasoning: Under article 22-I of the Decree n° 45-2658 of November 2, 1945, the « préfet de police » (the State Representative in the Department of Paris) can decide whether a foreigner need to be excluded from France in the following case ... 3° if the foreigner stayed irregularly in France more than one month after his notification to be deported. Under article 8 of the European Convention, the right to a private and family life is protected against any undue infringement by public authorities. Under article 12 of the Law n° 99-944 of November 15, 1999, the conclusion of a Civil Solidarity Pact is one of the relevant elements of appreciation of personal links in France of the foreigner who asks for a temporary card. Under 7° of article 12 of the Decree n° 45-2658 of November 2, 1945, except if the applicant threatens the public order, a foreigner has the automatic right to a temporary card with the "private and family life" mention when his personal and familial links in France are so strong that the refusal of such a card would violate his right to respect to his private and familial rights. In this case, the applicant M.X satisfied all the conditions to be granted such a card.

 

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