Internal border checks in France: refusal of entry and appeals

On 1 October 2026, EU member states adopted the European return regulation. At the same time, France still checks its internal border with Italy, Spain and its other neighbours. These internal border checks run until 31 October 2026, and every day people are sent back across. Have you or a relative received a refusal of entry? That refusal follows precise rules, and it can be challenged. A lawyer reviews your case in 20 minutes on Avocat20min.fr.

What is an internal border?

An internal border is a border between two states of the Schengen area. The one at Menton with Italy is an internal border, and so is the one at Hendaye with Spain. In principle, you cross it without any check.

External borders separate the Schengen area from the rest of the world. They are airports, seaports and some roads. The rules there are very different, and our article on the waiting zone explains them.

The Schengen Borders Code still lets a state reintroduce checks at an internal border. It must point to a serious threat and limit the measure in time.

Internal border checks extended until 31 October 2026

France has kept these checks in place without interruption for several years. The latest extension runs until 31 October 2026.

A new extension from 1 November is likely. As of 14 October 2026, however, no confirmed announcement has been made. Check the situation on the date you travel.

The Schengen Borders Code changed in 2024. Its revised version, in force since 10 July 2024, governs these checks. It also sets up a transfer procedure to the neighbouring state, for certain people stopped in a border area, under cooperation between the two countries.

Refusal of entry at an internal border: what the courts say

Two rulings set the current framework. They limit what the police can do at an internal border.

The EU Court of Justice, ADDE ruling of 2023

On 21 September 2023, the Court of Justice of the European Union gave the ADDE ruling (case C-143/22). It held that a state which reintroduces checks may refuse entry at an internal border. But the safeguards of the Return Directive then apply to the person.

In practice, those safeguards include a written decision with reasons, a period for voluntary departure in principle, and an effective remedy. The police cannot treat an internal border like an external one.

The Conseil d'État, ruling of 2 February 2024

France's highest administrative court, the Conseil d'État, drew the consequences on 2 February 2024 (no. 450285). It partly struck down article L.332-3 of the CESEDA, the French immigration code.

Since then, a refusal of entry at an internal border is only allowed with a view to readmission. That readmission must rest on an agreement with the neighbouring state already in force on 13 January 2009. Outside that framework, the prefecture must apply the return rules: a reasoned decision, a departure period, an appeal.

Readmission to Italy or Spain

Readmission means handing a person over to the authorities of the neighbouring state they came from. At Menton or Montgenèvre, that means Italy. At Hendaye or Cerbère, Spain.

It requires a bilateral agreement and a procedure. The police must identify the person, establish that they really came from the neighbouring state and respect the deadlines of the agreement. A rushed handover with nothing in writing weakens the measure.

Situation	What the police can do	Your safeguards
Internal border check, arriving from Italy or Spain	Refusal of entry with a view to readmission under an agreement	Written decision, interpreter if needed, appeal
Person already in France without a permit	Return decision under the CESEDA, often an OQTF	Departure period in principle, appeal to the administrative court
Asylum claim made during the check	Claim registered, then asylum rules apply	Claim examined under asylum rules
Person held for identity and status checks	Short, time-limited holding	Information on your rights, lawyer, doctor

Menton, Montgenèvre, Hendaye, Cerbère: what happens on the ground

Anafé, an association that assists foreign nationals at the border, reports daily pushbacks at these four crossing points. Menton and Montgenèvre are on the Italian border. Hendaye and Cerbère are on the Spanish border.

The pattern often repeats. A check on a train, a bus or at a road post, then a trip to the border police station, and finally a handover to the neighbouring authorities. It can all happen within a few hours.

That speed makes your first reflexes decisive. Anything missing from the file that day becomes hard to prove later.

Your rights during an internal border check

Even a quick internal border check does not strip you of your rights. Remember the main ones.

• Get a written decision. Ask for a copy of the refusal of entry and keep it.
• Understand the decision. You can ask for an interpreter in a language you understand.
• Tell someone. Ask to contact a relative, your consulate or a lawyer.
• See a doctor if your health requires it.
• State your age. If you are under 18, say so clearly and show any document that proves it.
• Ask for asylum. Say so explicitly, in writing if possible.

Do not sign a document you do not understand. If you do sign, write next to it that you do not understand the language, where that applies.

Claiming asylum during the check

A person who fears for their life in their own country can claim asylum at the border. That claim changes the framework: the police cannot treat it as a mere irregular entry.

European asylum rules then apply. Depending on your route, they may make Italy or Spain responsible for your claim. But that question belongs to a separate procedure, with its own appeals.

Since 12 June 2026, the regulations of the Pact on Migration and Asylum apply directly in France. Our article on the border procedure explains screening and its deadlines.

Challenging a refusal of entry at an internal border

A refusal of entry is an administrative decision. You can therefore challenge it before the administrative court.

Several arguments often come up before the judge:

• No applicable readmission agreement, in the sense of the Conseil d'État's 2024 ruling.
• No written decision or no reasons given.
• No interpreter or no information on your rights.
• An asylum claim ignored by the police.
• Your age as a minor not taken into account.

In an emergency, an urgent application (référé) to the administrative court asks the judge to act fast. The deadline and form depend on your exact situation. A lawyer identifies them as soon as they read the decision.

If you are already in France and receive an OQTF, the deadlines change. Our article on the OQTF appeal sets them out. If you are placed in a detention centre, read our article on administrative detention too.

What the return regulation adopted on 1 October 2026 changes

The Council of the EU adopted the return regulation on 1 October 2026 in Luxembourg. France supported it. It will replace the 2008 Return Directive, the very text that the ADDE ruling applies at an internal border.

It will enter into force as soon as it is published in the Official Journal of the EU. As of 14 October 2026, that publication has not been confirmed. Most of the text will apply twelve months after entry into force, so around autumn 2027.

Its main changes:

• A mandatory return decision for anyone staying irregularly, even when removal is not possible right away.
• A European return order, on a common form, with data entered in the SIS. Other states will see it.
• Mutual recognition between states, voluntary for now and reviewed three years after entry into force.
• Voluntary departure of up to 30 days, removed in some cases, for example where there is a risk of absconding.
• No automatic suspensive effect for appeals, unless the state provides for it.
• An entry ban of up to 10 years, 20 years in duly justified cases.

Our article on the return regulation in France covers these rules. The text also governs return hubs, which France rejects for itself.

What does not change yet at the internal border

Until autumn 2027, current French law broadly applies. The ADDE ruling and the Conseil d'État's 2024 decision still protect people stopped at an internal border.

An OQTF keeps its current rules, with a suspensive appeal to the administrative court. The re-entry ban also keeps its current lengths: our article on the re-entry ban explains them.

Be careful, though: an SIS alert already follows you across the whole Schengen area. A refusal or a removal measure in France can therefore weigh on a future visa.

What to do if you are affected

A few simple steps protect your rights.

1. Keep every paper the police give you, even a simple form.
2. Write down the time, the place and the name of the station you were taken to.
3. Photograph your documents: passport, Italian or Spanish residence permit, train ticket.
4. Send these items to a relative or a lawyer the same day.
5. If you hold a residence permit from another Schengen state, show it at once.

Has your French residence permit expired? Our article on the expired residence permit explains your options.

When to see a lawyer

As soon as you receive the refusal of entry, or as soon as a relative calls you from a police station. At an internal border, everything moves fast. A lawyer checks whether a readmission agreement exists, whether the decision is lawful and which appeal fits. Depending on your income, legal aid (aide juridictionnelle) can cover the fees.

An immigration lawyer answers you within 20 minutes.