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The Court clarifies the extent of the right of illegally staying third-country nationals to be heard

Directive 2008/115 sets out common standards and procedures in Member States for returning illegally staying third-country nationals.

After having stayed legally in France for the duration of his studies, at the end of 2012 Mr Khaled Boudjlida became a person who was staying illegally, since he had not applied for the renewal of his last residence permit. In early 2013, after he made an application for registration as a self-employed businessman, Mr Boudjlida was invited by the police to discuss that application, the circumstances of his arrival in France, the conditions of his residence as a student, details of his family and the possibility of his departure from France. On the same date, the Prefect of Pyrénées-Atlantiques issued a decision imposing on Mr Boudjlida the obligation to leave France, granting him a period of 30 days for his voluntary return to Algeria. Mr Boudjlida challenged that decision before the French courts.

Mr Boudjlida claims that he did not, before the adoption of the return decision, have the right to be heard effectively. He claims that he was not in a position to analyse all the information relied on against him, since the French authorities did not disclose that information to him beforehand and did not allow him an adequate period for reflection before the hearing. Further, the length of his interview by the police (30 minutes) was much too short, the more so when he did not have the benefit of legal assistance. The administrative court of Pau before which his case was brought has asked the Court of Justice to clarify the extent of the right to be heard.

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