60In this respect, it must be noted that, although Directive 2008/115 is not applicable during the procedure in which an application for asylum is examined, that does not mean that the return procedure is thereby definitively terminated, as it may continue if the application for asylum is rejected. Moreover, as the Czech, German, French and Slovak Governments pointed out, the objective of that directive, namely the effective return of illegally staying third-country nationals, would be undermined if it were impossible for Member States to prevent, in circumstances such as those set out at paragraph 57 above, the person concerned from automatically securing release by making an application for asylum (see, by analogy, Case C-329/11 Achughbabian [2011] ECR I-12695, paragraph 30).
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