The applicant, a Russian national, breached the rules of the reception centre where he was accomodated. He did so for 32 times. Among others violations, he entered in the centre under the effects of alcohol, he consumed alcohol inside the centre and he refused to wear the protective mask not complying with the COVID-19 health regulation. The State Border Guard Service (SBGS) requested his detention until a final decision would be issued in first instance proceedings and claimed that the applicant could be a risk for national security or public order.

After having assessed the file submitted by the parties, the regional court established that the grounds for the detention of an alien as enshrined by both national and EU law were not fulfilled and therefore the applicant cannot be detained. It held that there was no evidence in the case that the applicant posed a threat to state security. In addition, the fact that he was once administratively punished for violation of public order when he became intoxicated in a public place does not constitute a sufficient ground for concluding that the asylum seeker posed a threat to national security or public order, nor that he would be absconding.