Court rejects migrant appeal in first EU migration pact case

Lithuania’s Supreme Administrative Court has rejected an irregular migrant’s appeal against restrictions on his freedom of movement at a temporary accommodation facility, LRT reported. The case was the first in Lithuania to address issues related to the European Union’s Migration and Asylum Pact.

The court said the new EU pact substantially changes the asylum system previously in force. It aims to establish more unified and faster procedures across the EU, particularly when third country nationals illegally cross the bloc’s external border and seek international protection.

One of the main changes is a border procedure that allows certain applications for international protection to be examined before applicants are granted the right to move freely within a member state. The new rules began applying on June 12.

The first case of this kind in Lithuania began on the same day. That evening, a citizen of a North African country illegally crossed into Lithuania from Belarus by swimming across the Nemunas River in Lazdijai District.

The man did not immediately apply for international protection. Six days later, he was detained at Vilnius Airport while attempting to fly to Dusseldorf without a legal basis to remain in the EU or travel documents. The following day, while in detention, he applied for international protection in Lithuania.

The Migration Department decided to examine his application under an expedited process using the border procedure established by the new EU rules. He was placed in a temporary accommodation facility but was not allowed to move freely within Lithuania.

The man argued that the restriction was effectively detention. He asked to remain at the facility without restrictions on his freedom of movement, saying that he was cooperating with the authorities, had provided a copy of his passport, posed no threat to public order or national security and had not breached the conditions of temporary leave from the facility.

The Supreme Administrative Court found that he was not detained under the rules set out in Lithuania’s Law on the Legal Status of Foreigners, nor had an alternative measure to detention been imposed. The court said that placing him in a temporary accommodation facility without allowing him to move freely was based on a specific legal provision applicable to people seeking international protection during the border procedure.

The court said the restriction on movement during the border procedure was linked not to an individually established need to detain the person, but to the application of the procedure itself and the fulfilment of conditions set by law. Cooperation with authorities, the absence of a threat to public order or national security, or compliance with temporary leave permits did not by themselves mean that the restriction could no longer apply.

The panel of judges found no grounds to conclude that the border procedure had been applied without justification or that circumstances had arisen requiring it to end.

On July 7, the Migration Department refused to grant the man international protection, ordered his removal to his country of origin, imposed a two year ban on entering Lithuania and entered an alert in the Schengen Information System concerning a ban on entry and residence.

He challenged that decision, but the Regional Administrative Court rejected his complaint on July 30. The Supreme Administrative Court has now rejected his appeal and upheld the lower court’s decision.