In our focus - Relex Law Firm

June 07, 2023

The automatic detention of foreigners is illegal. Detained foreigners may be entitled to compensation

The foreigners whose freedom has been automatically restricted have the right to claim compensation for damages for illegal detention. In its ruling of today’s date, the Constitutional Court declared Article 5 of the Law on the Legal Status of Foreigners (the Law) as of 13 July 2021 to be contrary to Article 20 of the […]...

May 31, 2023

Prolonged residence at IDP camp does not constitute a ground for rejecting asylum

IDP camps cannot be considered as safe haven from violence and persecution. A standard approach of assessing asylum applications must be set to determine the place of origin/place of former habitual residence prior to displacement. UNHCR’s Guidelines on International Protection No. 12 underlines that the presence of internally displaced persons, including those who are receiving […]...

May 24, 2023

Families with children cannot be detained in migration procedures – CRC Committee

Although Reception Standards Directive 2013/33/EU does not outjudge the possibility of detaining a minor in asylum procedures, United Nations Committee on the Rights of the Child – CRC – remains consistent that no child can be detained in migration procedures. Article 11 (2) of the Directive allows detention of minors as a measure of last […]...

May 04, 2023

Pushbacks are illegal in EU law, grounds for security measures can not be merely declaratory

While for the purposes of the area of free movement, security and justice, (internal) security is considered a common EU policy objective, security measures are still considered an exception to the common rules. This concept is in line with the provisions of Article 4(2) of the EU Treaty, according to which the Union respects the […]...

March 20, 2023

Lithuania grants political asylum to first Cuban dissidents

For the first time, the Department of Migration has granted refugee status to Cuban nationals forced to flee their country because of persecution. The decision is based on information from the country of origin confirming that human rights are systematically violated in Cuba where the government continues to deny its citizens their basic civil and […]...

March 08, 2023

Asylum seekers are not banned from applying for residence permit, both work or family based

Within global asylum regulations, states must give access to asylum procedures for people who seek international protection. Many governments, Lithuania included, are nevertheless implementing hard line or restrictive asylum policies and practices in order to deter and to prevent asylum-seekers from seeking refuge on their territory, including by interception and interdiction measures, visa controls, administrative […]...

February 13, 2023

If there is one thing to be taken seriously, it is human right to life

One life can make a difference. ReLex managing partner Rytis Satkauskas shares his reflections in teise.pro on the story of Simas Kudirka, pushbacks and right to life. Perhaps a headline would suffice. However, if, along with the author of these lines, you wish to pay your respects to the deceased, I encourage you to read […]...

February 07, 2023

Depriving asylum seekers of the right to appeal the decision of the Migration Department puts in question the effectiveness of the asylum procedures in Lithuania

The notion of effective remedy, established by Article 13 of the European Convention for Human Rights requires independent scrutiny of the claim that there exist substantial grounds for fearing a real risk of treatment contrary to Articles 2 and 3 of the Convention, given the irreversible character of the removal. Actions of the Government returning persons […]...

January 19, 2023

No, you do not need to report your whereabouts to the Migration Department for more than 18 months, confirmed Supreme Administrative Court

During the declared migration emergency, in case of illegal entry to the territory of the Republic of Lithuania the foreigner can be detained for 6 months, regardless of whether the application for international protection has been submited. If the circumstances indicating the threat of illegal migration can be established, measures alternative to detention can be […]...

January 10, 2023

All Afghan women are entitled to international protection, decides Swedish Migration Agency

In its latest legal opinion, used for deciding on submited asylum application, LIFOS emphasised an accumulation of discriminatory restrictions on women and girls’ access to work, healthcare and education, and to seek protection from violence. The analysis also referred to the very recent restrictions, including a ban on women to go to university studies and […]...

January 09, 2023

No compulsory health insurance scheme is available to foreigners without residence permit

The taxes payable by asylum seekers and foreigners whose asylum applications were rejected are State Social Insurance (VSD) and Personal Income Tax (GPM). These workers do not have the option of paying compulsory health insurance (PSD). By paying VSD, they are entitled to a sickness benefit, but only essential medical care is provided. Foreigners or […]...

January 06, 2023

Temporary residence permit can now be obtained before arriving to Lithuania through external services provider in 34 countries

As of 2023 foreigners can apply for Lithuanian residence permit by submitting documents proving their work, business or family or academic interests in VFS Global offices, regardless of whether they are resident in the country where such services are provided. The time allowed for examining the application and taking a decision will vary from 1 […]...

December 29, 2022

No one is illegal. Residence permit might be issued if deportation decision is not executed within one year

Rejected asylum seekers will not stay in limbo. Article 132 of the Law on the Legal Status of Foreigners addresses situations where there is no objective possibility to return a person to his country of origin. When application for asylum is rejected, a foreigner can still stay legally in Lithuania based on the length of […]...

November 08, 2022

A foreigner may not have concerns about his/her detention, a judge must review its legality ex officio

On 8 November 2022, the Grand Chamber of the Court of Justice of the European Union ruled in Joined Cases C-704/20 PPU and C-39/21 PPU that national courts must review the legality of a detention measure of a third country national ex officio, of its own motion, on the basis of the material in the file brought to […]...

November 02, 2022

Arrived to Lithuania on humanitarian visa? You might need to apply for asylum urgently

Seeking asylum is a right, not an obligation. No one can be forced to seek political asylum against their will. However, persons who have been granted a permit to enter Lithuania for exceptional humanitarian reasons and who fear returning to their country of origin should hurry to take advantage of it before it expires. We […]...

October 19, 2022

No measure alternative to detention can be imposed for more than 18 months

Supreme Administrative Court of Lithuania reversed the practice of the regional courts imposing alternative measures to foreigners beyond the 18 months from their entry. In an important decision in ReLex case A-3944-822-2022 today, the court confirmed that the alternative measures have same time limits as the detention itself, whether they amount to de facto detention […]...

October 13, 2022

Refusing to participate in war crimes is a duty not a choice

War crimes and crimes against humanity are serious violations which result in an individual responsibility directly under international law. No one can be denied asylum for fleeing forced participation to this. ReLex partner Rytis Satkauskas shares his reflections on the forced mobilisation in the Russian Federation and the right to seek asylum in Leiden Law […]...

September 22, 2022

Avoiding forced recruitment in Russian Federation constitutes basis for asylum

Protests and sold out flights out of the country forecast a wave of forced conscripts and anti war protesters seeking asylum in the neighbouring countries...

September 14, 2022

The Syrian Arab Republic is still not a safe place to return

The UN Human Rights Council-mandated Commission of Inquiry on Syria released a report on 14 September, documenting continued grave violations of international human rights and humanitarian law across Syria, many of which amount to likely war crimes and crimes against humanity. Cases of arbitrary arrests, beatings, disappearances, harassment and extortion, including of returnees, continued to […]...

August 21, 2022

Sri Lankan Tamil asylum cases require thorough examination, recalls ReLex partner

Sexual violence in armed conflict (SVAC) and impunity for the perpetrators of the mass crimes against civil population in Sri Lanka written in blood in the stories of the Tamil asylum seekers. Despite real threats acknowledged in foreign courts and human rights organisations, Sri Lankan Tamils seeking asylum in Lithuania have not yet received a […]...