EDAL case summaries
Country of Decision: Belgium
Country of Applicant: Togo
Keywords: Effective access to procedures, Effective remedy (right to), Final decision, Non-refoulement, Procedural guarantees, Return, Right to remain pending a decision (Suspensive effect)
The Council of State requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on the compatibility of Belgian Law with Article 5 of Directive 2008/115/EC (the “Directive”). The Directive requires Member States to respect the principle of non-refoulement, as well as ensure that there is a right to an effective remedy.
Under Belgian Law, the Commissioner-General for Refugees and Stateless Persons (the “Commissioner”) can dismiss an asylum application and issue an order to leave the territory (“Return Order...
Date: 08-03-2016
