Judgment_paragraph 48 · K.S. and M.H.K. v The International Protection Appeals Tribunal and Others and R.A.T. and D.S. v Minister for Justice and Equality (C-322/19, C-385/19)

48Thus, unlike the order of the President of the Court of 17 April 2008, Metock and Others (C‑127/08, not published, EU:C:2008:235), cited by the High Court, in which couples were deprived of the possibility of leading a normal family life, it is not apparent from the orders for reference that that would be the case here. Similarly, in the case which gave rise to the order of the President of the Court of 9 September 2011, Dereci and Others (C‑256/11, not published, EU:C:2011:571, paragraph 15), also cited by the High Court, at least one of the applicants was denied the suspensory effect of the appeal he had brought against his expulsion order, with the result that the removal order against the person concerned could be implemented at any time. The Court considered that that threat of imminent removal deprived him of the possibility of leading a normal family life. However, in the cases in the main proceedings, the applicants are not deprived of liberty and the transfer decisions affecting them are suspended pending final judgment.