LUXEMBOURG – An asylum seeker whose application for protection in a EU-country has been rejected should not be deported as long as that decision is not final. Member states can, however, a so-called terugkeerbesluit determine, but that should only be carried out if on appeal it is established that the asylum seeker is not entitled to international protection. During the appeal proceedings the person in question shall not be locked.
The European Court of Justice has determined in a case of a Togolese who in 2014 received an order to leave Belgium. He went in appeal, which the Belgian Council of State, advice to the court in Luxembourg.
After the first rejection is the stay is not illegal, according to the court. An effective removal and return policy must go hand in hand “with full respect for the grondrechtenen the dignity of the persons concerned”, the judges.
Rules not properly applied
Belgium had in this case the rules are not correctly applied, because the husband was obliged to leave the country. The return had to be suspended.
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