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Czech Republic / Supreme Administrative Court / 6 As 146/2013 – 44

H.M. v Police of the Czech Republic, Regional Directorate of the Police of the City of Prague

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Type:
Decision
Decision date:
02/04/2014

Key facts of the case:

The respondent, Mr. H. M., a citizen of the Republic of Armenia, was found guilty in 2005 of having committed to have participated in a criminal act and sentenced to a punishment of expulsion of 10 years . In 2013, he was arrested by the police on the territory of the Czech Republic and detained. Consequently, administrative expulsion was imposed on him. Despite the imposed duty, he didn’t leave the territory of the Czech Republic and was again detained, in conformity with the Act on the Residence of Foreigners. During this detention, he filed a claim for asylum and the Interior Ministry decided he would be detained according to the Asylum Act. After the detention according to the Asylum Act had ended, the police again decided he should be detained according to the Act on the Residence of Foreigners. The legal issue at stake was the length of detention of a foreigner on whom administrative expulsion has been imposed and who filed a claim for asylum and the legal conditions of time limits for the detention of a foreigner.

Outcome of the kase:

The Municipal Court in Prague decided that the total length of detention of Mr. H.M. exceeded the maximum time limit set for detention in the Act on the Residence of Foreigners – 180 days - and abolished the decision of the police. The Regional Police Directorate appealed to the Supreme Administrative Court.