Thanks to intervention of the Commissioner the right of the citizen for lawful stay in Ukraine is restored

19/05/2015 16:59

On February 28, 2014 the citizen Ts. applied to the Ukrainian Parliament Commissioner for Human Rights concerning illegal actions of the State Migration Service of Ukraine (SMS), namely: violation of her right for a freedom of movement and the right for lawful stay in the territory of Ukraine.

For the purpose of clarification of a situation and facts of the case a number of inquiries of the Commissioner were sent to the State Migration Service of Ukraine concerning legalization of the applicant in the territory of Ukraine, possibility of obtaining nationality and powers of SMS concerning cancellation of permission for immigration.

Citizen Ts. was born in Bendery (Republic of Moldova), and in 2002 arrived in Ukraine according to the passport of the former USSR. Since then she lives together with husband and two children in Ukraine.

In 2002 according to the decision of the division of state passportization and immigration service of the Regional Department of the Ministry of Internal Affairs of Ukraine in Odessa Region permission to immigration of the citizen Ts. was provided in compliance with article 3 of the Law of Ukraine "On legal status of foreigners and stateless persons" as the applicant's mother - the citizen of the Republic of Moldova also has permission to immigration in Ukraine.

However, in 12 years after granting the corresponding permission, on August 1 2014 Main department of SMS of Ukraine in Odessa Region adopted the decision concerning its cancellation, motivating it that its adoption contradicted provisions of the law of Ukraine "On immigration".

However, it is said in the Commissioner's explanation, identification by bodies of the SMS of  mistake can't be the basis for cancellation of the decision.

The same position was confirmed in the Resolution of the Supreme administrative court of Ukraine of September 18, 2013, and also in similar cases - in decisions of the European Court of Human Rights.

Today in the Odessa district administrative court the resolution concerning recognition of the solution of Main department of SMS in Odessa Region illegal at the suit of the citizen Ts. was adopted, in it the Commissioner was the third party. During judicial proceedings of the this case in the Odessa district administrative court there was a representative of the Secretariat of the Commissioner Mr. Roman Lilitsky who presented explanations of the Commissioner.