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Key facts of the case:

After coming to Turkey from Algeria and crossing Greece, Albania, Montenegro, Bosnia and Croatia, the applicant arrived to Slovenia. He was spotted by Slovenian police officers and transferred to the police station where he applied for asylum. For the purpose of determining his identity and determining certain elements of his asylum claim, he was transferred to the Centre for Aliens. The applicant maintained that he is a Berber with no rights in Algeria and member of MAK (an opposition political party) who was imprisoned for six months due to his political activities. His assertions were conflicting and insufficient and thus very improbable. Due to the fact that he applied for asylum in Montenegro and in Bosnia, but then left the two countries and that his statements were found questionable, the administrative authority decided that he would abscond if his movement was not limited to the premises of the Centre for Aliens. By keeping him in the Centre for Aliens the competent authority was aiming to determine the merits of his asylum claim once and for all.

 

In deciding whether the detention of the claimant was lawful, the Administrative Court relied on international, EU and national constitutional legal standards regarding the prohibition of torture, right to effective judicial protection, right to personal liberty and right to personal freedom. It found that the detention in the present case was illegal and annulled the contested decision.

Key legal question raised by the Court:

The key question was the interpretation of legal standards for the deprivation of liberty (detention) of asylum seekers under international, EU and national law.

Outcome of the case:

The Administrative Court found that no reasons for detention existed and still do not exist. Hence, it annulled the decision of the administrative authority which meant that the applicant was released from the Centre for Aliens.