59It follows both from the definition of the concept of ‘illegal stay’, set out in Article 3(2) of Directive 2008/115 and recalled in paragraph 47 of the present judgment, and from recital 5 of the directive, according to which the directive applies ‘to all third-country nationals who do not or who no longer fulfil the conditions for entry, stay or residence’, that a third-country national who, after entering the territory of a Member State illegally, is present on that territory without fulfilling the conditions for entry, stay or residence is, on that basis, staying there illegally.
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