In our focus - Relex Law Firm

September 23, 2023

Right to request the removal reviewed

The circumstances of foreigner’s life might change so can the deportation decision. When a decision to remove a foreigner is taken it is usually based on established lack of economic, social and family ties with the country in question. The law establishes a possibility for judicial review of the decision taken. A foreigner will be […]...

August 16, 2023

Six months’ time-limit to decide on applications for international protection is the law, EU law. EU member state cannot modify the implementation of an EU directive at choice

Asylum seekers cannot hang in limbo for too long. The time limit for the Migration Department to decide on an asylum application is 6 months from the date the application is received. There is no right to extend such deadline whatever arguments advanced to that end concluded today Supreme Administrative Court of Lithuania in ReLex […]...

June 26, 2023

Humanitarian visa as a pathway to apply for international protection

Humanitarian visas allow people in need of international protection to enter a country, where they will be able to apply for asylum, including through accelerated procedures. From August 2020 Lithuania issued more than 800 humanitarian visas to members of Belarus opposition. According to the Migration Department, between 2020 and 2023, 757 Belarussians applied for international […]...

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 today’s ruling, 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 Constitution in so […]...

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 […]...

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 […]...