C-156/23K and Others v Staatssecretaris van Justitie en Veiligheid

Domstolens egne nøkkelord

Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Return of third-country nationals staying illegally in a Member State – Directive 2008/115/EC – Article 5 – Principle of non-refoulement – Enforcement of a return decision adopted in the context of a procedure for international protection, as a result of the illegal stay of the third-country national concerned arising from the rejection of an application for a residence permit provided for by national law – Obligation for the administrative authority to assess whether the enforcement of such a decision complies with the principle of non-refoulement – Article 13 – Remedies against decisions related to return – Obligation, for the national court, to raise of its own motion infringement of the principle of non-refoulement when enforcing a return decision – Scope – Article 4, Article 19(2) and Article 47 of the Charter of Fundamental Rights of the European Union.

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