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Luxembourg
Country of Decision : Luxembourg
Court Name : LU: Administrative Tribunal [Tribunal administratif]
Date of decision : 03/04/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : no. 44330

Applicant (Tunisia) v Minister of Immigration and Asylum (Ministre de l'Immigration et de l'Asile) [Decision of 11.03.2020]

Tunisia

LU: The Administrative Tribunal ruled that COVID-19 measures are only temporary and there is no evidence that deportation could not eventually take place

The case concerns the effect of the COVID-19 measures on deportation of rejected asylum applicants.

On 13 February 2018 the applicant, a Tunisian national, lodged a request for international protection. On 26 September 2018 the applicant was informed that his request had been rejected in an accelerated procedure and that he should leave the territory within 30 days. His appeal was rejected by final decision of 18 December 2015. On 12 October 2019 the applicant was apprehended by the police and he did not have any identity document besides a driving license. The applicant was placed in detention with a view to preparing his deportation and the detention measure was repeatedly prolonged five times.

The applicant challenged his detention arguing among others that due to the COVID-19 pandemic his deportation could not take place and the insufficient reasoning for the decision regarding his detention.

The court noted that the removal has so far only been prevented for reasons inherent in the applicant 's acts and that the COVID-19 pandemic, which has made it more difficult to cross borders, is necessarily provisional, so that it is not likely to suggest that there is no prospect that the removal could be completed in the medium term, and considering that the government noted that the suspension of flights to Tunisia should be lifted at the end of April 2020. The court rejected the complaint.

Accelerated procedures; COVID-19/Emergency measures; Detention/ Alternatives to Detention; Return/Removal/Deportation;

National law only (in case there is no reference to EU law/ECHR);

EASO Courts and Tribunals Network

Luxembourg, Administrative Tribunal [Tribunal administratif], Applicant (Tunisia) v Minister of Immigration and Asylum (Ministre de l'Immigration et de l'Asile) [Decision of 11.03.2020], no. 44330, 03 April 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1206