In this case, the issue was whether living with HIV and being in the process of receiving gender affirming care could render a person vulnerable, affecting the assessment of the proportionality of detention. The Supreme Administrative Court ruled in favour of the applicant, overturning the detention. 

As in an earlier case (No. 7 Azs 417/2019 - 60), the Court referred to a 2019 amendment to the Act on the residence of foreigners, which introduced alternatives to detention for vulnerable individuals, such as staying in designated centers for regular check-ins. These centers provide accommodation, medical care, and other services while still restricting movement, balancing public order with the need to protect vulnerable persons from the harsh conditions of detention. The applicant’s vulnerability was not properly assessed, nor were these alternatives sufficiently considered. This alternative expands the possibilities for families with children.

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