Case summaries
CJEU – Case C-181/16 Gnandi, 19 June 2018
Country of applicant:
Togo
Member States can issue a return decision together with, or right after, a negative decision on an asylum application at first instance, as long as they ensure that all judicial effects of the return decision are suspended during the time allowed to appeal and pending that appeal.
During that period, and despite being subjected to a return decision, an asylum applicant must enjoy all the rights under the Reception Conditions Directive. The applicant can rely upon any changes in circumstances affecting his claim that came up after the return decision, before the appeals authority.
Date of decision:
19-06-2018
Relevant International and European Legislation:
Art 39,Art 7,Art 33.1,Recital 2,Recital 8,Recital (9),Article 46,Recital (2),Recital (4),Recital (6),Recital (8),Recital (9),Recital (12),Recital (24),Article 2,Article 3,Article 6,Article 7,Article 8,Article 9,Article 13,1.,Article 2,Article 3