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“A law approved by the Seimas as a matter of urgency is ‘perforated’ in the sense of human rights. At present, however, there would be a greater risk of having a ‘perforated’ policy on illegal migration. At present, it is better to have such a law than not to have a regulation that provides for measures to manage the emergency situation on the Lithuanian border with Belarus.
This would send a completely unacceptable signal to the countries of origin of the migration, ”said the president.
The report of the presidency indicates that the main doubts for the head of state are that the decision of the Migration Department, which has necessarily prejudged the foreigner’s complaint, is executed immediately, thus violating the principle of non-refoulement, that is, that The person cannot be returned to his or her country of origin or third country without guarantees.
It is noted that the amendments also permanently deprive asylum seekers of the right to appeal against the decisions of the court of first instance on appeal, despite the fact that the Constitution does not allow the establishment of such legal regulation that would deny the review of judicial decisions. . of first instance and correction of possible judicial errors.
Amendments to the law on the legal status of foreigners have shortened asylum procedures, as well as restricted some of the rights of illegal migrants following the declaration of an emergency situation in the country due to their influx.
Human rights NGOs have stated that the amendments will largely legitimize human rights violations. The lawyers commented on the possible unconstitutionality of the amendments on the right of appeal not guaranteed after a negative asylum decision.
President Povilas Mačiulis’s adviser declared the day before that the amendments “threw the rights of migrants into the trash”, but the head of state is cautious about vetoing the Seimas’ ability to convene an extraordinary session.
On Tuesday, before deciding whether to sign the amendments, the president discussed them with Seimas President Viktorija Čmilyte-Nielsen, Interior Minister Agne Bilotaitė and Seimas Defense and National Security Committee Chair Laurynas Kasčiūnas.
The president of Seimas qualifies the president’s decision as wise
Seimas President V.Čmilytė-Nielsen calls on President G.Nausėda’s decision to sign amendments that sensibly restrict the rights of illegal immigrants.
“After the conversation yesterday, I was hoping that the president would sign, and I think it is a wise decision in the current situation, when we need to be given the tools to deal with the crisis of illegal immigrants,” said V. Čmilytė- Nielsen. BNS.
The president of Seimas also confirmed that the law will be reviewed in the autumn session in accordance with the statements made by the Head of State.
“We will return to this law in the fall, there will already be some practice from its application, and I think that then we must take into account both the comments of the human rights experts and the experience of the first months of applying the law.” , Noted V. Čmilytė-Nielsen.
