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07/02/2023
EL: The administrative court of first instance lifted detention measure against an Afghan applicant who submitted an electronic application for international protection on the platform of the Ministry of Immigration and Asylum

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Greece, Administrative Court [Διοικητικό Πρωτοδικείο], Applicant v Minister for Citizen Protection, 164/2023, 07 February 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3351
Case history
Other information
Abstract

The case concerned an appeal lodged against the detention measure taken against the applicant, an Afghan national, on grounds that his detention is unlawful and contrary to the national legislation. The applicant claimed that he has submitted an application for international protection on the online platform of the Ministry of Immigration and Asylum and, through the platform, his appointment was scheduled for the full registration of his request by the competent authority before the Diavata hotspot.


The Administrative court of first instance of Kavala allowed the appeal, lifted the detention measure and ordered the determining authority to receive the asylum application and schedule the appointment for registration and lodging of the asylum application. The court also imposed an obligation to the applicant to report and present himself to the competent police authority once a week, failure to which he may be detained.


Country of Decision
Greece
Court Name
EL: Administrative Court [Διοικητικό Πρωτοδικείο]
Case Number
164/2023
Date of Decision
07/02/2023
Country of Origin
Afghanistan
Keywords
Access to procedures
Detention/ Alternatives to Detention
Return/Removal/Deportation