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Czech Republic / Supreme Administrative Court / 5 Azs 7/2016-22

Plaintiff: S. A. H.

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Type:
Decision
Decision date:
25/02/2016

Key facts of the case: 

The plaintiff, a citizen of Iraq, was seized by the Police on the territory of the CR as he had no documents and no visa. The Police issued a decision on his administrative expulsion and on his administrative detention to implement the expulsion. The plaintiff filed an administrative action against the decision on administrative detention. The Municipal Court in Prague (Městský soud v Praze) found the decision of the Police lawful. Afterwards the plaintiff filed an appeal with the court of cassation.

The Supreme Administrative Court stated that the Police and the Municipal Court in Prague did not deal with the requirement of a realistic prospect of removal, which is a necessary condition for administrative detention. In the case of the plaintiff, there is no realistic prospect of removal because he comes from Mosul in Iraq, which is currently controlled by ISIS. Consequently, the administrative expulsion would contravene the non-refoulement principle set out in Article 3 of the European Convention on Human Rights and in Articles 4 and 19 of the Charter. 

Outcome of the case: 

The Supreme Administrative Court decided that the Police must always take into account the non-refoulement principle and examine the situation in the home country of the foreign national when making a decision about administrative detention. The decisions of the Police and the Municipal Court in Prague were annulled because they failed to take into consideration the realistic prospect of removal in the case of this plaintiff.