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Facts of the case: Boudjlida concerns an Algerian national who was asked to leave French territory within 30 days after his application for a residence permit in France was refused by French authorities. In the context of his appeal to the Pau Administrative Court, that court asked the Court of Justice of the EU (CJEU) to clarify:

- What is the extent of the right to be heard laid down by Article 41 of [the Charter] for an illegally staying third-country national in respect of whom a decision falls to be taken as to whether or not he is to be returned?

The European Court of Human Rights (ECtHR) has held that the detention of an unaccompanied minor at Feres and Soufli border posts for over 5 months constituted a breach of Article 3 of the European Convention on Human Rights as well as a violation of the right to an effective remedy and the right to liberty and security.

Procedurally the case relates to several (6) asylum applications lodged in Belgium which were refused to be taken into consideration by the authorities and later subject to annulment appeals by the applicant. The last two of these annulment appeals were rejected by the Council of Aliens Law Litigation (CALL) on the basis that the applicant had not provided new elements to the claim.

The German Ministry of Interior has provided information on the consequences of the Tarakhel v Switzerland judgment for German transfers to Italy under the Dublin Regulation.