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EU: CJEU: Press release: The Court clarifies the extent of the right of illegally staying third-country nationals to be heard

12 December 2014

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"The purpose therefore of the right to be heard before the adoption of a return decision is to enable the person concerned to express his point of view on the legality of his stay and on whether any of the exceptions to the general rule are applicable. Similarly, under EU law, national authorities must take due account of the best interests of the child, family life and the state of health of the third-country national concerned and respect the principle of non-refoulement, so that the person concerned must be heard on that subject. Last, the right to be heard implies that the competent national authorities are under an obligation to enable the person concerned to express his point of view on the detailed arrangements for his return (Such as the period allowed for departure and whether return is to be voluntary or coerced)..." [emphasis in original]

See the full-text: The Court clarifies the extent of the right of illegally staying third-country nationals to be heard (pdf)

Plus: Full-text of judgment: Case C-249/13, Khaled Boudjlila v Préfet des Pyrénés-Atlantiques
(pdf)

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