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Lithuania / Supreme Administrative Court / N-822-70-14

H. N. v Foreigners’ Registration Centre under the Ministry of the Interior (Užsieniečių registracijos centras prie Vidaus reikalų ministerijos)

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Lithuania / Supreme Administrative Court of Lithuania
Type:
Decision
Decision date:
19/05/2014

Key facts of the case:

The applicant requested to quash the earlier decision of the first instance court concerning his detention, which was applied to him under the basis of the Law of Legal Status of Aliens (Įstatymas dėl užsieniečių teisinės padėties). He was detained on the basis of the fact that he illegally crossed the Lithuanian border. The applicant submitted that he became the asylum seeker, his request for that was accepted by the Migration Department (Migracijos departamentas) and he was granted a temporary territorial protection. Because of that, there was no basis for his further detention. The first instance court rejected those arguments, and the applicant appealed to the Supreme Administrative Court arguing in essence that the first instance court was wrong in applying the Law on the Legal Status of Aliens.