A member state may not order the return of an asylum seeker when his or her asylum application is first rejected and until the appeal at first instance is concluded. However, such a return may be ordered once the appeal at first instance has been rejected, unless the national legislation authorises him or her to remain on the territory pending a definitive outcome of the entire asylum procedure.
Advocate General Paolo Mengozzi advised the judges of the Court of Justice of the EU to return a...