On 24 February 2021, the Applicant was arrested on the basis of the detention and deportation orders pending against him from 4 April 2019. On 9 March 2021, the applicant submitted an application for international protection and on 10 March 2021, pursuant to Article 9F (2) of the Law on Refugees, a detention order was issued which was served on the Applicant on 11/03/21. The applicant contested a detention order of 10 March 2021 and requested its annulment jointly with his immediate release.

The Administrative Court for International Protection annulled the contested detention order and ordered the immediate release of the applicant. It found that the applicant was not aware of the deportation process against him when he applied for international protection and thus, he could not have been detained for the reason of delaying or preventing his return. Moreover, the Court considered that the investigation prior to detention is lacunar, lacks legal and factual basis since the detention decision was not based on individual circumstances that characterize the applicant. Consequently, it does not result that the detention measure was necessary and proportionate in the applicant’s case.

The Court based its decision on the EASO Judicial Analysis Judicial analysis - Detention of applicants for international protection in the context of the Common European Asylum System ", 2019, UNHCR guidelines and the CJEU case law in Mehmet Arslan vs Police Force of the Czech Republic, Regional Police Directorate of the Usti nad Labem Region, Foreigners Police Station (Policie ČR, Krajské ředitelství policie Ústeckého kraje, odbor cizinecké policie), 30 May 2013, Bashir Mohamed Ali Mahdi (Sudan) vs Directorate for Migration at the Migration of the Interior Bulgaria (Direktsia ‘Migratsia’ pri Ministerstvo na vatreshnite raboti), 5 July 2014 and FMS and Others vs Országos Idegenrendeszeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendeszeti Főigazgatóság, 14 May 2020.