To enhance procedural efficiency, the applicant should not have an automatic right to remain on the territory of a Member State for the purpose of an appeal procedure against a decision on inadmissibility taken on the basis of the concept of safe third country. In addition, the applicant should not have an automatic right to remain on the territory of a Member State for the purpose of an appeal procedure against a decision on inadmissibility taken on the basis that a Member State other than the Member State in which the appeal is lodged has granted the applicant international protection. Nonetheless, the enforcement of the corresponding return decision should be suspended during the time limit within which the applicant concerned can exercise his or her right to an effective remedy before a court of first instance and, when such an appeal is lodged, where there is a risk of a breach of the principle of non-refoulement.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
