Return and removal of irregular TCNs

Question 1

Arslan (2011)

Answer 1

Turkish national entered Bulgaria irregularly. Bulgaria prepared a return decision for him, but he applied for asylum. The bulgarian government said his application for asylum was only made to delay the return decision, and continued to enforce his return. The court held that a return decision cannot be enforced if an asylum application is under examination. Principle of non-refoulement applies, and the return directive does not deal with asylum seekers.