Case summaries
CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky establishes that the right to remain under the Asylum Procedures Directive (2013/32) completely immunises an applicant from being classified as an illegally staying third-country national under the Return Directive (2008/115). Consequently, a return decision cannot be issued at any point between the submission of an asylum application and the first-instance rejection of that application, even if the return decision concerns a period of illegal stay that occurred before the asylum application was made.
A Member State cannot rely on the rebuttable presumption under Articles 36 and 37 of the 2013 Asylum Procedures Directive (APD) in respect of the safe country of origin concept and subsequently find the application to be manifestly unfounded in accordance with Article 31(8)(b) without having fully implemented and complied with the procedures under the APD relating to the designation of countries as safe countries of origin.
Moreover, a Member State may not consider an application for asylum as manifestly unfounded under the APD due to the insufficiency of the applicant’s representations.
Asylum authority’s decision regarding the application of the safe third country principle quashed. The Court pointed out that the application of the STC principle is ‘absolutely unacceptable.’