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04/09/2024
HR: The High Administrative Court confirmed a detention measure taken against a Syrian national, on grounds of classified information on national security risks.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Source
Other Source/Information
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Croatia, High Administrative Court [Visoki upravni sud], Applicant v Ministry of the Interior of the Republic of Croatia‚ Directorate for Immigration‚ Citizenship and Administrative Affairs (Ministarstva unutarnjih poslova Republike Hrvatske‚ Uprave za imigraciju‚ državljanstvo i upravne poslove), Usž-808/2024-3, 04 September 2024. 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=4742
Case history
Other information
Abstract

By the decision of 3 November 2023, the Ministry of Interior adopted a detention measure (decision restricting the movement) against a Syrian applicant, by placing him in the Reception Centre for Foreigners for three months. 


The applicant appealed against the decision on grounds that it relied on unverified claims from the Security and Intelligence Agency (SOA) dated on 30 October 2023, which the applicant argued that it violated his procedural rights, that the facts and claims were not proved and that the allegation of his association with Islamic radicalisation were disclosed only during the appeal procedure. On 19 December 2023, the Administrative Court of Zagreb upheld the Ministry’s decision, stating it was based on sufficient evidence and lawfully implemented. 


The applicant lodged a second appeal before the High Administrative Court of the Republic of Croatia. The court reviewed and dismissed the appeal, by determining, after having reviewed the content of the classified information, that the restriction was lawful, proportionate, and necessary to address national security concerns. It found that the applicant had been afforded the opportunity to participate in proceedings, with necessary translations provided, and that his procedural rights, including the right to be heard and informed, had been sufficiently safeguarded.


The court reviewed the classified SOA documentation, confirming that it contained well-founded evidence justifying the imposed measure. The applicant’s claims that he posed no threat due to a lack of prior criminal activity or associations with extremist groups were deemed insufficient to overturn the decision, as the SOA’s findings were independently verified and supported by specific security-related data. The court concluded that alternative measures to detention were not feasible. 


Country of Decision
Croatia
Court Name
HR: High Administrative Court [Visoki upravni sud]
Case Number
Usž-808/2024-3
Date of Decision
04/09/2024
Country of Origin
Syria
Keywords
Detention/ Alternatives to Detention
National security
Original Documents