The applicant, Turkish national, was detained prior to deportation and appealed against the measure. The Court had to check the legality of the prolongation of the measure which was confirmed on 28 September 2021.

The Court mentioned the obligation of the application to cooperate for the enforcement of the deportation, but the applicant refused to cooperate and refused to undergo a COVID-19 test prior to the flight. The Court had that the refusal of the applicant to conduct a COVID-19 test is not a reason to lift the detention measure. The Court reiterated that the detention measure does not have a punitive character but it is a mean to oblige the applicant to cooperate for his departure since his asylum application was not successful.

The Court noted that the State Secretary acted expeditiously and held departure interviews despite the uncooperative attitude of the applicant and found the detention measure as lawful. The appeal was rejected as unfounded.