Lithuanian court rules migrant movement restrictions amounted to detention

The Supreme Administrative Court of Lithuania ruled that restrictions imposed on an asylum seeker’s freedom of movement amounted to detention and ordered her release, LRT reported.

The court said the woman had been unlawfully detained because there was no sufficient legal basis for the measure. It also established criteria for distinguishing restrictions on freedom of movement from detention.

The case arose after the Migration Department placed the pregnant international protection applicant in a reception centre during the border procedure without allowing her to move freely within Lithuania. She challenged the decision and asked to be exempted from the movement restrictions.

The court said that a ban on entering the country defines an asylum seeker’s procedural status during the border procedure but is not, by itself, sufficient grounds to deprive the person of liberty.

Detention is an autonomous concept under European Union law, the court said. A measure must therefore be assessed according to its actual content and effect rather than the term used for it in national law.

The assessment must take into account the person’s individual circumstances, the purpose and duration of the regime, procedural safeguards, and the nature and extent of the restrictions. It also depends on whether the person has a genuine opportunity to leave the accommodation facility voluntarily.

In this case, the woman could move around the reception centre but could not leave it at will. She needed prior individual permission to do so, and on one occasion also required an escort. She asked three times for permission to leave but was unable to do so on any of those occasions.

After assessing the circumstances, the duration of the regime and the overall impact of the restrictions, the court concluded that the woman had in fact been detained.

The court noted that under national law a foreigner may be detained for more than 48 hours only on the basis of a court decision. The Migration Department’s decision was therefore not sufficient legal grounds for the detention.

The court also said that pregnancy does not, by itself, prevent the use of the border procedure or restrictions on freedom of movement. However, it must be taken into account when assessing the proportionality of the measure, the person’s special reception needs and whether the border procedure can continue.

The court overturned the lower court’s ruling and the Migration Department’s decision, ordering the woman’s immediate release from the unlawful detention. The department was instructed to reconsider her accommodation within three working days.

Until a new decision is made, she may remain at the reception centre without movement restrictions. She must have a genuine opportunity to leave and return to the centre voluntarily without separate permission.

The court stressed that release from detention does not by itself grant permission to enter Lithuanian territory or terminate the border procedure.