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A.K. was detained by the State Border Guard Service (SBGS) on 10 October 2019 while attempting to cross the border of Lithuania. While he was in detention, he applied for asylum. The Migration Department decided not to assess his application in order to determine the EU state responsible for examining the asylum claim.
The applicant appealed before the regional court contesting his detention, that was approved by the Vilnius Regional District Court until 10 December 2019 and then extended until 10 March 2020. He claimed psychological problems linked to the imprisonment, as well as discrimination by the Department regarding his country of origin and age. The appeal upheld the Migration Department decision. As a consequence, SBGS extended his detention and the applicant appealed this decision before the Supreme Administrative Court.
The Supreme Administrative Court confirmed the lower court's decision to extend the detention. It considered that there was a high risk of absconding, as the applicant fled the first country of asylum after the rejection of his asylum claim to enter in another country where he filed another application. Before the result of his asylum claim he left also the latter country in order to avoid trasnfer under the Dublin III Regulation and entered another country where he submitted another application. The court confirmed the finding of the Migration Department that the applicant fled also the third country in order to avoid return before entering illegaly in Lithuania. Thus, it found that there was a high risk of absconding. The court also noted and confirmed the lower court's assessment that alternatives to detention would not be appropriate in this specific case.
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