You are here
Home ›
News ›
CJEU ›
Return › Right to remain pending a decision (Suspensive effect) ›
News
Facts of the case: Mr. Abdida, a Nigerian national diagnosed with AIDS, submitted an application to the Belgian state requesting leave to remain due to medical reasons. Under Belgian law transposing the Qualification Directive the state refused his leave to remain and an order to leave the country was issued. When appealing against this decision, Mr. Abdida was not granted with a remedy having suspensive effect. In addition, during the litigation procedure, Mr. Abdida had his basic social security and medical care withdrawn. Domestic litigation concerning Mr Abdida’s entitlement under EU law to such suspensive remedies and social rights reached the Brussels Employment Court, which referred two questions to the CJEU.
(Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - Applicability to asylum seekers - Possibility of keeping a third-country national in detention after an application for asylum has been made)
Facts of the case