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European Union
Country of Decision : European Union
Court Name : EU: Court of Justice of the European Union [CJEU]
Date of decision : 05/07/2018
Type : Order
ECLI : ECLI:EU:C:2018:544
Case Number/Citation/ Document Symbol : C‑269/18 PPU

C, J and S vs Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie)

The Court ruled that a third-country national whose application for international protection has been rejected as manifestly unfounded at first instance by the competent administrative authority, can’t be detained with a view to his removal, where, he is lawfully authorised to remain on that territory until a decision has been made on his action relating to the right to remain on that territory pending the outcome of the appeal brought against the decision which rejected his application for international protection. 

Detention/ Alternatives to Detention; Effective remedy;

Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO Annual Report on the Situation of Asylum in the EU

European Union,EU: Court of Justice of the European Union [CJEU], C, J and S vs Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie), 05/07/2018, ECLI:EU:C:2018:544
CJEU ruled on the preclusion of detention when applicant has submitted an appeal against a decision which rejected his/her application.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=608

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