Case C-663/21, Bundesamt für Fremdenwesen und Asyl v. AA (C.J.E.U.)

Abstract

On July 6, 2023, the Court of Justice of the European Union (CJEU) delivered its judgment in C-663/21 AA on a preliminary reference from the Austrian Supreme Administrative Court. The CJEU examined the international legal principle of non-refoulement and how it applies in EU law, particularly to expulsion decisions following the withdrawal of refugee status. It held that EU law “preclude[es] the adoption of a return decision in respect of a third-country national where it is established that removal of that third-country national to the intended country of destination is, by reason of the principle of non-refoulement, precluded for an indefinite period.”