The applicant, a Nigerian national, arrived in Cyprus and entered via an uncontrolled point. He submitted an asylum application which is pending examination. The applicant was sentenced to 3 months imprisonment for the crime of assault and causing bodily harm to a compatriot. He was released on 8 August 2021, but re-detained based on Article 9F (2) e of the Refugee law , namely because he posed a real threat to public order. The applicant contested the decision and invoked lack of reasoning of the contested decision and errors in the assessment.

The Administrative Court of International Protection held that the administrative body issuing the detention order for an asylum seeker under Article 9F (2) (e) should clearly check its suitability and necessity of the measure of detention against other alternative measures. In the present case the Court considered that the facts and reasons for detention were obvious and derived also from the wording of the legal framework.

Moreover, based on the circumstances and nature of the offence, which took place shortly after the applicant entered the country and indicate a behaviour that make it reasonably and justifiably for the necessity of the detention decision in order to protect public order. The Court held that the circumstances invoked by the applicant as circumstances indicating cooperation with the competent authorities are not sufficient to compensate for his inclination to commit offenses, which makes his detention necessary. The Court confirmed the decision and also noted that no alternative to detention was possible.

The Court also consulted the EASO Judicial analysis Detention of applicants for international protection in the context of the Common European Asylum System".