GB c. Minister van Asiel en Migratie, C‑313/25 PPU [Adrar]

GB c. Minister van Asiel en Migratie, C‑313/25 PPU [Adrar]

Document source:

European Union: Court of Justice of the European Union (CJEU)
Date:
4 September 2025

In this section

The Court of Justice of the European Union (CJEU) ruled that national courts must examine ex officio whether the principle of non-refoulement, the best interests of the child, and family life oppose the detention and removal of a third-country national under a final return decision, even if that decision was not challenged.

GB, an Algerian national, applied for international protection in the Netherlands but did not attend the interview.
His application was rejected without substantive examination, and a return decision was issued.
After being transferred from France under the Dublin Regulation, GB filed a second asylum request, which he later withdrew.
He was then detained for removal to Algeria.
GB claimed fear of inhuman treatment in Algeria and stated he was the father of a child born in France.
He challenged the legality of his detention before a Dutch court.

The Dutch court questioned whether it must assess, even ex officio, if removal violates:
- Non-refoulement (Article 5 of Directive 2008/115 and Article 19(2) of the Charter),
- Best interests of the child and family life (Article 5(a) and (b) of the Directive, Articles 7 and 24 of the Charter).
The CJEU emphasized:
- Detention is a serious interference with liberty and must be strictly justified.
- The principle of non-refoulement is absolute and must be respected at all stages.
- Courts must ensure effective judicial protection under Article 47 of the Charter.
- Even if the return decision is final, courts must consider new circumstances.

National courts must examine ex officio whether non-refoulement prohibits removal when reviewing detention legality.
Courts must also assess, ex officio, whether the best interests of the child and family life oppose removal.

Title

GB c. Minister van Asiel en Migratie, C‑313/25 PPU [Adrar]

Document source

European Union: Court of Justice of the European Union (CJEU)

Date

4 September 2025

Document number

ECLI:EU:C:2025:647

Document type

Case Law

Collection

Case Law

Legal instruments

1951 Refugee Convention

2008 Returns Directive (EU)

Country

Netherlands (Kingdom of the)

Algeria

France

Keywords

Best interests of the child

Deportation / Forcible return

Immigration Detention

Non-refoulement

Right to family life

Protected persons

Asylum-seekers

Comments:

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GB c. Minister van Asiel en Migratie, C‑313/25 PPU [Adrar]

C‑313/25 PPU [Adrar]

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