The case concerned an applicant which was placed in detention by the Police Authority, and while in detention applied for asylum in Sweden. Following the application, the Police decided to revoke the detention order and place the applicant under supervision. In July 2016, the Migration Agency rejected the asylum application. The Police made an attempt to enforce the expulsion order in August 2021, but the North Macedonian Border Police did not allow the applicant to enter the country and he was returned to Sweden and put into detention. The applicant appealed against his detention.

The Gothenburg Administrative Court, Migration Court, decided to annul the detention order on the basis that the decision had not been reconsidered within the time limit of two months since the date on which it began to be enforced, and therefore the order expired. The Policy Authority appealed against that judgement, noting that the applicant left Sweden in October 2021 and upon his return a new detention order was issued, which is therefore still valid.

The Migration Court of Appeal noted that if an applicant returns to Sweden and a new detention order is taken, this later decision carries the coercive measure. It therefore ruled that the detention order of October 2021 is a new detention order and therefore cannot be annulled on the ground that the time limit had elapsed. However, the Court ruled that the question of whether there are conditions for detention has not been examined by the Migration Court, and therefore referred the case back for further assessment.