The applicant, from Iraq, entered Lithuania on 11 June 2021. He submitted an asylum application to the Migration Department and was accommodated at the VSAT Aliens Registration Centre. The Regional Court temporarily detained the applicant in the Foreigners Registration Centre for three months from 5 July 2021 to 5 October 2021. The Migration Department rejected his request for asylum on 15 September 2021 and planned to return him to his country of origin. After receiving an appeal from the applicant, the Regional Court overturned the ruling and ordered the Migration Department to re-examine his asylum application. The Regional Court consequently extended his period of detention until the 5 January 2022.

The applicant appealed the decision to the Supreme Administrative Court, which upheld the appeal, and adopted an alternative measure to detention in the form of the reception centre, with the right to move only within the area of the accommodation until 5 January 2022, but not until a final decision in the asylum case had been taken. The alternative measure to detention was extended by the Regional Court on 31 December 2021, until 5 April 2022, since they could not confirm his personal identity.

The applicant submitted an appeal against the Regional Court’s decision. In his appeal, he argued that he was housed in a closed area of the registration centre with approximately 100-150 square metres, surrounded by fencing and containers, where people could only pass between units that were three metres apart. He further argued that according to the Court of Justice of the European Union's interpretation, such accommodation is recognised as detention when coercive measures are applied, and freedom of movement is deprived. His detention had also already lasted for nine months, and to extend it for another three months, to one year, was unjustified. He had submitted a copy of his passport, other evidence proving his identity and reasons for his application, which indicated that he was cooperating with the authorities.

The Regional Court rejected his appeal and applied an alternative measure to detention, with the right to move only within the accommodation area until 5 July 2022. The applicant had entered Lithuania illegally, according to the court, and failed to provide documentation proving his identity, citizenship, and right to be there. There was reason to believe that the applicant would try to leave the accommodation, Lithuania, and the European Union before a decision was reached since he had not cooperated with the pertinent authorities and did not possess an identity certificate.

In his appeal to the Supreme Administrative Court, the applicant sought to overturn the Regional Court’s decision and adopt an alternative measure to detention without restrictions on freedom of movement. The Supreme Administrative Court considered the interpretation of the grounds for detention outlined in Article 8(3)(c) of the Reception Conditions Directive (recast), the case law of the EU Court of Justice, and the content of the Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention when making its decision. The Supreme Administrative Court upheld the appeal and ruled that further restrictions on the right to freedom of movement would violate Article 5 of the European Convention on Human Rights. Accordingly, an alternative measure to detention without imposing restrictions on the right to freedom of movement was to be adopted until 5 July 2022, but not until a final decision in the asylum case has been taken.