Judgment of the Court (Eighth Chamber) of 26 March 2026 (request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Roermond – Netherlands) – HG v Minister van Asiel en Migratie

(Case C-202/25,  (1) Tadmur  (2) )

(Reference for a preliminary ruling - Area of freedom, security and justice - Common standards and procedures in Member States for returning illegally staying third-country nationals - Directive 2008/115/EC - Revocation of subsidiary protection status - Public order - Principle of non-refoulement - Possibility of adopting a return decision)

(C/2026/3026)

Language of the case: Dutch

Referring court

Rechtbank Den Haag, zittingsplaats Roermond

Parties to the main proceedings

Applicant: HG

Defendant: Minister van Asiel en Migratie

Operative part of the judgment

Article 5 of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in conjunction with Articles 3 and 6 of that directive and with Article 17(1) and Article 19(3)(a) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted,

must be interpreted as precluding the adoption of a return decision in respect of a third-country national whose subsidiary protection status has been revoked, where it is established that the removal of that third-country national to the intended country of destination is precluded by virtue of the principle of non-refoulement.

(1)  OJ C, C/2025/3397.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any of the parties to the proceedings.