The applicant, Ms. V.K., was detained by the border guards, because of the lack of documents allowing her to stay in Latvia. It was decided to detain her for a short period in the centre for detained aliens in Olaine. Ms. V.K. challenged her detention in the court of general jurisdiction. The court refused to accept her application stating that the issue must be brought to administrative courts. When Ms. V.K. submitted an application to the administrative district court, the court refused to accept the application stating that the courts of general jurisdiction are ought to decide the case. Ms. V.K. submitted an ancillary complaint. The administrative regional court decided to request the opinion of the Chief Justice of the Supreme Court on the question of jurisdiction.
The Chief Justices of the Departments of the Supreme Court in their decision noted that the Immigration law expressly states that the decisions about long term detention of immigrants are made by the courts of general jurisdiction. Therefore, also the challenge of the lawfulness of the short term detention of immigrants must be carried out by the courts of general jurisdiction.
In this particular case, however, as the decision of the court of general jurisdiction was already irrevocable, the Chief Justices decided that on exceptional basis the case must be decided by the administrative courts in order to ensure for the applicant effective access to justice.