N. H. vs Ministry of Interior (Ministerstvo vnútra)
The applicant arrived as a transit passenger on 18 March 2019 by air from Moscow to the Czech Republic and applied for international protection at the Václav Havel Airport Prague. The applicant was refused entry into the territory as she was registered in the Schengen Information System (SIS) as an undesirable alien to whom refusal of entry into the Schengen area was to be made. It was considered that if admitted, the applicant could pose a danger to national security or public order. New elements were presented after this decision, based on which the applicant could be considered a vulnerable person, victim of physical harm. The Supreme Administrative Court held that there is an obligation on the court to consider any fundamental changes occurring after the issuance of the administrative decision under review if such changes might result in the continuation of restriction of personal freedom that was originally imposed in accordance with the law.
Detention/ Alternatives to Detention; Vulnerable Group;
CZ Supreme Administrative Court Website
EASO Annual Report on the Situation of Asylum in the EU
Czech Republic,CZ: Supreme Administrative Court [Nejvyšší správní soud], N. H. vs Ministry of Interior (Ministerstvo vnútra), 04/09/2019CZ: Supreme Administrative Court rules on obligation of the court to consider any fundamental changes occurring after the issuance of the administrative decision