Navigating Asylum Seekers’ Mobility Restrictions in Emergency Situations – Insights from the Supreme Administrative Court of Lithuania

Abstract

n 2021, the Republic of Lithuania declared a state-level emergency across the country due to an unprecedented influx of foreigners, posing a multifaceted challenge to numerous institutions in this domain. In response, amendments to the Law ‘On the Legal Status of Foreigners’ emerged, introducing, inter alia, various mobility restrictions applicable to irregular migrants (including asylum seekers). These changes faced criticism both at home and abroad until the Constitutional Court of the Republic of Lithuania eventually put an end to it. Nevertheless, when dealing with appeals regarding the movement restrictions of asylum seekers, the Supreme Administrative Court of Lithuania interpreted and applied this regulation for about two years, and the jurisprudence that was formed influenced national legal framework in one way or another. This article aims to highlight key cases handled by the Court regarding the movement restriction of asylum seekers, which laid the groundwork for not deviating from respect for human rights and the country’s in- ternational obligations in this area during the emergency situation in the country. Therefore, this article addresses various jurisprudential aspects, including the right to judicial review of movement restrictions, the calculation of deadlines for alternative measures to detention and the role of deportation prospects. Moreover, it highlights the Court’s referral to the Court of Justice of the European Union, impacting the national regulation of asylum seekers’ detention.