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16/06/2023
EL: The Administrative Court of Komotini annulled the return of an Afghan national due to the suspension of readmissions by Türkiye in 2020 and of returns to Afghanistan in 2021 and ordered his release.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
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
Greece, Administrative Court [Διοικητικό Πρωτοδικείο], Applicant v Police Directorate of Xanthi, AP309/2023, 16 June 2023. 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=3636
Case history
Other information
Abstract

The application lodged by an Afghan national was rejected on the grounds that Türkiye was a “safe third country” in his case. Subsequently, he was subjected to a removal order and detained in the Xanthi pre-removal detention centre. The applicant appealed against the detention order before the Administrative Court of Komotini. In its judgment, the court stated that there was no reasonable prospect of removal in this case, upheld the applicant's appeal and ordered his release. The court argued that Türkiye had unilaterally suspended returns to its territory since 16 March 2020 and that there was no indication that the practice would change in the near future, that returns to Afghanistan had been suspended since 8 July 2021, and that the police had not taken any measures to ensure the applicant's return to Türkiye.


Country of Decision
Greece
Court Name
EL: Administrative Court [Διοικητικό Πρωτοδικείο]
Case Number
AP309/2023
Date of Decision
16/06/2023
Country of Origin
Afghanistan
Keywords
Detention/ Alternatives to Detention
Return/Removal/Deportation
Safe Country concept/Safe Country of Origin/ Safe third country