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"CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky establishes that the right to remain under the Asylum Procedures Directive (2013/32) completely immunises an applicant from being classified as an illegally staying third-country national under the Return Directive (2008/115). Consequently, a return decision cannot be issued at any point between the submission of an asylum application and the first-instance rejection of that application, even if the return decision concerns a period of illegal stay that occurred before the asylum application was made."

"The Committee against Torture decided that the removal of the complainant, a (former) Turkish national, from Sweden to Kosovo, where he would face a real risk of being forcibly transferred to and subjected to torture in Türkiye, would constitute a violation of article 3 of the Convention."

"The Committee found that there were serious risks concerning the applicant’s situation that justify a more thorough examination than the simple summary assessment by the Federal Administrative Court. The absence of an effective, independent and impartial review of the decision constitutes a breach of the procedural obligations under Article 3 of the Convention."

"The return of a survivor of trafficking and gender-based violence to the country of original harm under the Dublin III Regulation violates Articles 2(d) and 6 of the Convention on the Elimination of All Forms of Discrimination against Women, unless the state conducts an individualized, trauma-informed, and gender-sensitive assessment of the real risk of retraumatization."

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