Conditions for postponing removal
Article 11
1. Removal pursuant to Article 10 shall be postponed in the following circumstances: (a) when it would violate the principle of non-refoulement; or (b) when and for as long as suspension of the return decision in accordance with Article 28 is in place. 2. Removal pursuant to Article 10 may be postponed, taking into account the specific circumstances of the individual case. Where there is a risk of absconding, additional measures may be applied pursuant to paragraph 7 of this Article. 3. If the third-country national requests postponement of removal, the request shall be duly substantiated. 4. Member States shall provide the third-country national concerned with a written confirmation of the postponement in accordance with paragraph 1 or 2 and of his or her rights during postponement. A translation of the confirmation may be communicated orally to the third-country national in a language he or she understands or is reasonably presumed to understand, including with the use of interpretation services. 5. The postponement of the removal shall be reviewed in the event of a change of relevant circumstances. 6. The following shall be taken into account concerning the situation of the third-country national, including the compliance by the third-country national with the obligations laid down in this Regulation, during periods for which the removal has been postponed: (a) basic needs; (b) family unity with family members present in the Member State’s territory; (c) emergency health care and essential treatment of illness; (d) access of minors to the basic education system subject to the duration of their stay; (e) special needs of vulnerable persons. 7. If the removal is postponed, the measures set out in Articles 18, 23 and 29 may be applied when the conditions are fulfilled.