Key facts of the case - The applicant is a Moroccan national living in France, who applied for a first residence permit. The prefect rejected her application on the ground that her religious practice characterized by the wearing of the full veil, shows that her republican integration into French society is not sufficient to be issued a residence permit. The applicant seeks the annulment of the prefect’s decision.

Main reasoning of the court - The administrative court upholds the decision of the Prefect. On the one hand, it deems that the applicant can neither argue of her adequate command of the French language nor of other elements proving her satisfying integration into French society, since the refusal of the Prefect only relies on her wearing the full veil.
On the other hand, the court reminds that pursuant to Article L. 314-2 of the Code for the Entry and Stay of Foreigners and Asylum Law, the issuance of a residence permit requires that a foreign individual has integrated into French society, particularly in relation to his/her personal commitment to respecting the principles governing the Republic, to their observation of these principles and to having an adequate command of the French language. With regard to these provisions, the administrative court deems that the wearing of the full veil by a woman must be held as contrary to the implementation of the principle of gender equality.

See the decision: Administrative Court of Chalons-en-Champagne, 23-09-2010, n. 1000648.