Common European Asylum System in a Changing World

• Exceptional cases: no period of voluntary departure, or it can be shortened: a) application has been dismissed as manifestly unfounded or fraudulent; or b) an individual poses a risk to public policy, public security, or national security, as defined by the CJEU (C-554/13; C-240/17). In these exceptional cases principles of proportionality and human rights must be respected. (Article 8) These exceptions are interpreted by the CJEU (e.g. the Achughbabian case).  Obligation to issue entry bans in certain situations , i.e. decisions prohibiting entry to and stay in the territory of all the Member States for a certain period of time (Article 11), when adopting return decisions. As a general rule – a maximum length of five years.  Member States’ implementation measures shall respect: • fundamental rights and international law (Article 1), • principle of non-refoulement, • the principle of the best interest of the child, family life, and the state of health of returnee , (Article 5, C-562/13; C-82/16) • special regime for unaccompanied minors (Article 10) incl. special conditions for detention (Article 17). 

Detention for return purposes Reasons for detention (Article 15): • risk of absconding •

the person hampers the preparation of the return o Detention – ultima ratio – last resort measure (if no other sufficient but less coercive measure can be applied (Article 15(1)). o a regular detention period cannot exceed six months , C-146/14 PPU. Maximum detention period differs in the MSs considerably.

? Look into the directive (Article 15) and check if it is possible to prolong the detention period over 6 months.

 Procedural obligations According to the RD, the return decision shall be issued in writing and must give the reasons justifying the decision and information concerning possible remedies (Article 12(1)). Translation shall be available upon request (Article 12(2)). The right of an effective remedy shall be ensured Articles 13(1) and (2)).

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