On March 5, 2026, the Administrative Court of Saint-Martin issued a ruling suspending the deportation order against Ms. B. A., a Haitian national residing in Saint-Martin. The court found that the deportation order, issued by the Prefect of Saint-Barthélemy and Saint-Martin, lacked an individualized assessment of Ms. A.'s personal circumstances, thereby violating Article L.211-2 of the Code of Relations between the Public and the Administration.
Ms. A. has been residing in France for 11 years and is the mother of a minor French child. She holds a permanent employment contract and has no remaining ties to Haiti. The court determined that enforcing the deportation would constitute a manifest error of appreciation and a violation of Article 8 of the European Convention on Human Rights, which protects the right to respect for private and family life.
Furthermore, the court noted that the Prefect failed to submit Ms. A.'s case to the residence permit commission, as required by Article L.453-7 of the Code of Entry and Stay of Foreigners and the Right of Asylum. The court also acknowledged the potential risks to Ms. A.'s life if she were to return to Haiti, referencing Article 3 of the European Convention on Human Rights.
As a result, the court suspended the deportation order, allowing Ms. A. to remain in Saint-Martin pending a thorough review of her case.
