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EU court rules undocumented refugees cannot be jailed
The European Court of Justice says EU rules prevent imprisonment of refugees crossing into Schengen area.
EU countries cannot imprison undocumented refugees and migrants for entering the Schengen area, the bloc's top court ruled on Tuesday.
The European Court of Justice in Luxembourg has said that European Union rules prevent the jailing of non-EU refugees and migrants who have crossed a frontier if they have not already been subject to deportation procedures.
The ruling came in the case of a Ghanaian woman, Selina Affum, who was caught by French police at the Channel Tunnel while on a bus from Belgium to Britain using someone else's passport.
French police placed her in custody for illegal entry to France, and then asked Belgium to readmit her.
The EU court, ruling on Affum's appeal against her detention, said that it was against the EU's "return directive" or laws on deporting migrants.
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