The case concerns a request lodged by the General Inspectorate for Immigration to extend the detention of an Afghan national, whose request for asylum was dismissed and whose case was at the stage of forced return to Afghanistan. The Court of Appeal of Timisoara confirmed the extention of detention by 3 months noting that on 29 June 2021 the Inspectorate started the steps for the return of the foreign national under escort, but on 8 July 2021 the Ministry of Foreign Affairs of the Islamic Republic of Afghanistan informed that all forced return operations are suspended for a period of 3 months, starting with 8 July 2021. Furthermore, the court also considered that detention was justified also by the fact that there was a risk of absconding from the removal procedure, taking into account the conduct of the person who fraudulently crossed the state border. Thus, the court concluded that the Inspectorate was in an objective impossibility to enforce the decision to return under escort issued in the name of the Afghan national.
We use cookies on Case law's website to support technical features that enhance your user experience. For more information please consult our Cookie Policy .