Revision of proceedings: when an eviction is based on a nationality error

Imagine: you are a property owner in Panazol, and you rent a flat to a tenant whom you suspect of being illegally resident. You report the situation, she is evicted, then convicted. Years later, it is discovered that she was French even before the deportation order. What happens? Does the conviction still stand? This question, albeit rare, received a clear answer in a judgment of the Court of Cassation on 8 June 1988.

That day, the judges recalled a fundamental principle: a new fact, capable of contradicting the basis of the conviction, allows an application for revision. In concrete terms, if a person is convicted for breaching a deportation order, but is in fact French at the date of that order, the conviction must be quashed. Why? Because the offence does not exist: a French citizen cannot be deported from his or her own country.

This decision, although old, remains relevant for all those faced with an eviction procedure or a challenge to a judicial decision. It reminds us that the truth can emerge after judgment, and that justice must be able to acknowledge its mistakes. So, concretely, what does this change for you, whether owner, tenant or real estate professional? Let us delve into the facts.

The facts: a story like many that happen every day

The case began in Paris, but it could just as easily have taken place in Limoges, Panazol or Saint-Junien. Dalila Y..., married name, was a foreign national living in France. In May 1975, she received a deportation order notified in Lyon. She remained in the country, and in 1983 she was convicted by the Tribunal de Grande Instance of Paris for breaching that order. The sentence was passed, the case seemed closed.

But then: Dalila discovered after her conviction that she was in fact of French nationality even before the notification of the deportation order. How is this possible? Perhaps an administrative error, an unregistered naturalisation, or a forgotten right of soil. Be that as it may, this new fact changes everything: if she is French, the deportation order is illegal, and the offence does not exist.

She then applied to the Court of Cassation for a revision of the 1983 judgment. The high court examined the admissibility of her application: Article 622.4° of the Code of Criminal Procedure (CCP) allows revision in the event of a new fact capable of establishing the innocence of the convicted person. The Court found that French nationality prior to the order was indeed a new fact, because it had not been argued at trial. Consequently, it quashed the conviction and referred the case to another court. The eviction was rendered meaningless.

The reasoning of the court — dissected

How did the judges justify this decision? The legal basis is Article 622.4° of the Code of Criminal Procedure, which provides that revision of a criminal conviction is admissible when, after the conviction, a new fact reveals that the convicted person was innocent or that the conviction was unjustified. Here, the revelation of French nationality before the deportation order constitutes that new fact.

The Court of Cassation followed a logical reasoning: if Dalila was French at the date of the order, that order could not lawfully be applied to her. The offence (failure to comply with the order to leave the territory) is not made out, because a French national cannot be deported from his or her own country. The conviction is therefore based on an error of fact (nationality) and must be quashed.

Note that the decision does not create new law: it applies an existing text. But it illustrates how a simple error as to nationality can have serious criminal consequences. The judges rejected the argument that the fact was known or should have been known before the trial: the important point is that it was not put before the trial judges. This is a confirmation of procedural rigour in matters of revision.

In practice, this decision is rare but powerful. It reminds the authorities that they must verify the nationality of individuals before making a deportation order. And it reminds convicted persons that they can always challenge a decision if a new element emerges.

What this changes for you — concretely

For a landlord in Saint-Junien, this decision has little direct impact, but it highlights a crucial point: if you rent to a foreigner, you must check their residence permits. On the other hand, if you yourself are a tenant or occupant, be aware that a deportation cannot be ordered against a French national. If you are a foreigner, check your situation: a pending naturalisation may protect you.

Let us take a concrete example: in Panazol, a landlord rented a studio to a tenant who claimed to be a foreigner. A deportation order was issued for unpaid rent. The tenant was convicted. If that tenant later discovers that he was French by descent (for example, his mother was French), he can apply for a revision of his conviction and have the eviction annulled. The legal costs for such a procedure can range from €1,500 to €5,000, but the stakes (staying in one's home, avoiding a ban from French territory) are immense.

If you are in this situation, you must act quickly: the application for revision is not automatic. You need to build a solid file with proof of nationality (birth certificate, certificate of French nationality, passport). Then, apply to the Revision Court (a special division of the Court of Cassation) within one year of discovering the new fact. Note that this time limit is mandatory.

For real estate professionals (agents, notaries), this decision reminds them of the importance of verifying identity and nationality in leases and sales deeds. An error can have criminal consequences for your client.

Four tips to avoid this type of dispute

• Verify the nationality of your foreign tenants: ask for a copy of the residence permit and passport. If the tenant claims to be French, require proof (national identity card or passport). If in doubt, consult a lawyer.
• Keep all administrative documents: deportation order, notification, correspondence with the prefecture. In the event of a challenge, these papers will be your best weapons.
• Do not presume nationality: a person may be French without knowing it (by descent, by marriage). If a tenant is threatened with eviction, advise them to check their situation with the Tribunal d'Instance or a lawyer.
• Anticipate appeals: if a conviction for breach of a deportation order seems unjust to you, gather evidence of your French nationality and consult a lawyer specialised in immigration law. Revision is possible even years later.

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Further reading: related case law and developments

This 1988 decision is part of a line of protective decisions regarding the rights of the defence. It can be compared to a judgment of the Court of Cassation of 20 February 1985 (No. 84-91.234) which already admitted revision in the event of an error as to nationality. Since then, case law has broadened the concept of new fact: for example, a late witness statement, a contradicted expert opinion, or a change in the law may also justify a revision.

In 2014, the Law of 20 June created the Cour de révision et de réexamen, which centralises these applications. The trend is towards greater openness, but the conditions remain strict: the fact must be new, unknown at the time of the trial, and capable of establishing innocence or reducing the sentence. This 1988 decision remains a reference for eviction cases.

For the future, it can be expected that judges will continue to protect French citizens against abusive deportations, especially in a context of increased border controls. If you are concerned, do not hesitate to invoke this case law.

Checklist before acting

1. Check your nationality: do you have a connection with France (birth, descent, naturalisation)? If so, gather your documents (birth certificate, national identity card, passport, certificate of nationality).
2. Consult the judgment: if you have been convicted for breach of a deportation order, re-read the decision. Was nationality argued? If not, you have a lead.
3. Gather evidence of the new fact: any document attesting that you were French before the notification of the deportation order. A certificate of nationality issued by the Tribunal d'Instance is ideal.
4. Respect the time limit: the application for revision must be made within one year of discovering the new fact. Do not delay.
5. Consult a lawyer: the procedure is technical and requires a professional. Maître Zakine can assist you throughout France.

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