The right to an effective remedy
Article 26
1. The third-country national concerned shall be afforded an effective remedy to challenge the decisions referred to in Article 5(1), Article 8 and Article 10(3) before a court or tribunal competent under national law. 2. The effective remedy shall provide for a full examination of both points of fact and points of law. 3. Where material in the file brought to the attention of the court or tribunal competent for the remedy against a return decision or decision ordering removal, as supplemented or clarified following adversarial proceedings, suggests that the third-country national concerned is at risk of refoulement, compliance with the requirements arising from the principle of non-refoulement shall be verified. 4. The annulment or revocation of a non-essential element of a return decision shall not result in the annulment or revocation of the remainder of the decision concerned.