The Council of State indicated that European law does not allow to issue a refusal of entry to a foreigner arrested while crossing an internal border or close to it, nor does it automatically deprive an asylum seeker from reception conditions i.e. accommodation. The rules from Return directive must apply.
Cimade and other v the State – No. 428178
Court Council of State
Relevant Law Article 2 Directive 2008/115/EC, Article 13 Regulation (EU) 2016/399
Found for Applicant