Case summaries

The Returns Directive does not permit an entry ban to be time limited only in circumstances where the recipient makes an application for such.

Whether the detention of an individual under the Returns Directive for the purposes of removal is still lawful if the Applicant subsequently applies for asylum. 

The grounds for extending a deadline for departure can exist either within the country or abroad or grounds which otherwise hinder a departure within the deadline. In addition, problems which typically affect former asylum seekers, namely long absence from the country of origin and circumstances such as disappearance of their social network following an absence of many years, are to be considered as special circumstances which make it necessary to extend the deadline for departure.

Although voluntary departure is an absolute requirement for the extension of the deadline for departure, the intention to submit an application for leave to remain does not in itself represent an obstacle. Rather, a judgment is required in each individual case.

This case concerns the interpretation of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98) and of Article 4(3) TEU.

1. The expulsion of a recognised refugee may only take place subject to the requirements of Article 21 (3) in conjunction with (2) and Article 24 (1) of the Qualification Directive.

2. Compelling grounds for public security or order according to Article 24 (1) of the Qualification Directive do not presuppose any outstanding acts of extraordinary danger in support of international terrorism; neither does specific involvement of a sympathiser suffice unless it is characterised by a large degree of continuity and as such shapes and influences the environment of the terrorist organisation. 

Contrary to the wording of the corresponding Austrian legislation, an entry ban of at least 18 months which must be issued in every case together with a ban on readmission is not compatible with the Returns Directive without a prior examination on a case-by-case basis. 

The case concerned whether the Returns Directive precludesnational legislation providing for the imposition of a sentence of imprisonment on a third-country national on the sole ground of their illegal entry or residence in national territory.