The case is a reopening after the CJEU ruled in  CD v Ministry of the Interior of the Czech Republic, Asylum and migration policy service (Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky) (C-257/22, 9 November 2023) following the referral of the regional court in CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky (14 April 2022). 

The parties submitted observations following the CJEU judgment in the case.

The Regional Court reiterated the chronological order of the facts: (i) the foreign national applied for international protection, (ii) the police subsequently initiated administrative expulsion proceedings against him, (iii) the police then issued an administrative expulsion decision without waiting for a decision on the application for international protection. The CJEU clarified that an administrative expulsion decision, as provided under the Return Directive cannot be issued before the application for international protection has been rejected.

The Regional Court of Brno ruled, based on the findings of the CJEU judgment, that the decision issued on 12 October 2021 (expulsion order) and 6 December 2021 (confirmation of expulsion order) must be set aside and the case referred back to the Ministry of the Interior for reassessment.