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04/09/2019
CZ: Supreme Administrative Court rules on obligation of the court to consider any fundamental changes occurring after the issuance of the administrative decision

ECLI
Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;
Reference
Czech Republic, Supreme Administrative Court [Nejvyšší správní soud], N. H. v Ministry of Interior (Ministerstvo vnútra), 9 Azs 193/2019 - 48, 04 September 2019. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1012
Case history
Related cases:
Abstract

The applicant arrived as a transit passenger on 18 March 2019 by air from Moscow to the Czech Republic and applied for international protection at the Václav Havel Airport Prague. The applicant was refused entry into the territory as she was registered in the Schengen Information System (SIS) as an undesirable alien to whom refusal of entry into the Schengen area was to be made. It was considered that if admitted, the applicant could pose a danger to national security or public order. New elements were presented after this decision, based on which the applicant could be considered a vulnerable person, victim of physical harm. The Supreme Administrative Court held that there is an obligation on the court to consider any fundamental changes occurring after the issuance of the administrative decision under review if such changes might result in the continuation of restriction of personal freedom that was originally imposed in accordance with the law.

Country of Decision
Czech Republic
Court Name
CZ: Supreme Administrative Court [Nejvyšší správní soud]
Case Number
9 Azs 193/2019 - 48
Date of Decision
04/09/2019
Country of Origin
Keywords
Detention/ Alternatives to Detention
Vulnerable Group