#62025CJ0202EU Court Ruling on Return Decisions After Revocation of Subsidiary Protection
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The court ruled that EU member states cannot issue a return decision for a third-country national if removal is blocked by the non-refoulement principle. This affects people whose subsidiary protection has been revoked, meaning they can't be sent back to their home country if they'd face danger there.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Prohibition on issuing return decisions if non-refoulement applies
- Impact on individuals with revoked subsidiary protection
- Implications for member states' immigration procedures
Obligations
What this law requires
Member States must take due account of the principle of non-refoulement when implementing return procedures for third-country nationals
Member States shall not issue a return decision to a third-country national when removal would violate the principle of non-refoulement, even if their subsidiary protection status has been revoked
Member States must revoke subsidiary protection status if, after being granted such status, a third-country national should have been excluded under Article 17(1) due to serious crimes or constituting a danger to public order or security
Member States shall postpone removal of a third-country national when doing so would violate the principle of non-refoulement
When revoking subsidiary protection status based on public order grounds, Member States must ensure that return decisions comply with the non-refoulement principle and refrain from issuing return decisions if removal would expose the individual to danger in their country of origin