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20/07/2022
DE: The Federal Administrative Court referred a question to the CJEU for the interpretation of the Return Directive.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Referral for a preliminary ruling
Original Documents
Relevant Legislative Provisions
EU Charter of Fundamental Rights ; Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals)
Reference
Germany, Federal Administrative Court [Bundesverwaltungsgericht], Bundesrepublik Deutschland v G.S. represented by the parents, 20 July 2022. 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=2861
Case history
Other information
Abstract

The case was registered before the CJEU under C-484/22:


The question referred was:


Must Article 5(1)(a) and (b) of Directive 2008/115/EC be interpreted as precluding, without exception, the lawfulness of a return decision adopted in respect of a minor third-country national, accompanied by a refusal of his or her application for international protection and setting him or her a time limit for voluntary departure of 30 days from the date on which the decision becomes final, where, for legal reasons, neither parent can be returned to a country referred to in Article 3(3) of Directive 2008/115/EC in the foreseeable future and the minor cannot therefore reasonably be expected to leave the Member State either, on account of his or her family life which is worthy of protection (Articles 7 and 24(2) of the Charter of Fundamental Rights, Article 8 of the ECHR), or is it sufficient that, on the basis of a national statutory provision, the child’s best interests and family life within the meaning of Article 5(1)(a) and (b) of Directive 2008/115/EC are to be taken into account, following the adoption of the return decision, by virtue of a suspension of the removal?


Country of Decision
Germany
Court Name
DE: Federal Administrative Court [Bundesverwaltungsgericht]
Case Number
Date of Decision
20/07/2022
Country of Origin
Keywords
Family life/family unity
Minor / Best interests of the child
Return/Removal/Deportation