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11/08/2021
RO: The Court of Appeal of Timisoara extended by 3 months the detention of an Afghan national due to the impossibility to enforce the measure of forced return to Afghanistan and the risk of absconding

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Romania, Court of Appeals (Curte de apel), General Inspectorate for Immigration v Applicant (Afghanistan), No 451/2021, 11 August 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1962
Case history
Other information
Abstract

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.


Country of Decision
Romania
Court Name
RO: Court of Appeals (Curte de apel)
Case Number
No 451/2021
Date of Decision
11/08/2021
Country of Origin
Keywords
Afghanistan
Detention/ Alternatives to Detention
Return/Removal/Deportation