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CJEU ruled on the preclusion of detention when applicant has submitted an appeal against a decision which rejected his/her application.

Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
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); Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;
European Union, Court of Justice of the European Union [CJEU], C, J and S v Secretary of State for Security and Justice (NL, Staatssecretaris van Veiligheid en Justitie), C‑269/18 PPU, ECLI:EU:C:2018:544, 05 July 2018. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:
The Court ruled that a third-country national whose application for international protection has been rejected as manifestly unfounded at first instance by the competent administrative authority, can’t be detained with a view to his removal, where, he is lawfully authorised to remain on that territory until a decision has been made on his action relating to the right to remain on that territory pending the outcome of the appeal brought against the decision which rejected his application for international protection. 
Country of Decision
European Union
Court Name
EU: Court of Justice of the European Union [CJEU]
Case Number
C‑269/18 PPU
Date of Decision
Country of Origin
Detention/ Alternatives to Detention
Effective remedy