39In that regard, it follows from the definition of the concept of ‘illegal stay’, set out in Article 3(2) of Directive 2008/115, that any third-country national who is present on the territory of a Member State without fulfilling the conditions for entry, stay or residence is, by virtue of that fact alone, staying there illegally (judgment of 7 June 2016, Affum, C‑47/15, EU:C:2016:408, paragraph 48).
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