CHAPTER IITERMINATION OF ILLEGAL STAY

Article 9Postponement of removal

1

Member States shall postpone removal:

a

when it would violate the principle of non-refoulement, or

b

for as long as a suspensory effect is granted in accordance with Article 13(2).

2

Member States may postpone removal for an appropriate period taking into account the specific circumstances of the individual case. Member States shall in particular take into account:

a

the third-country national’s physical state or mental capacity;

b

technical reasons, such as lack of transport capacity, or failure of the removal due to lack of identification.

3

If a removal is postponed as provided for in paragraphs 1 and 2, the obligations set out in Article 7(3) may be imposed on the third-country national concerned.