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Currently, the courts are overwhelmed with migrant detention cases, and the Supreme Administrative Court of Lithuania (SACL) is gradually developing the practice of how to proceed in various cases.
Arrest raised for the family
On May 31, an Iraqi family with two young children, who came to Lithuania from Belarus illegally on foot through the forests without documents, applied for asylum in Lithuania.
They said they flew to Belarus by plane, lived in a hotel there for two days, then left their passports and headed to Lithuania.
“We went to Switzerland, but our goal was to apply for asylum in any country in the European Union,” he explained to Lithuanian officials. “We left the passports because we were afraid that if we had the documents, they would send us to the country of origin.”
The family that applied for asylum in Lithuania was housed in the Alien Registration Center. The Vilnius Regional District Court allowed them to be detained there for three months.
According to the court, although there is no evidence that the foreigner and her family may pose a threat to state security or public order, it is necessary to detain them because the exact identity of the migrants has not been established.
“As a foreigner cannot be subjected to an alternative measure to detention, he cannot live independently in the Republic of Lithuania; therefore, in the opinion of the court, detention will not harm the best interests of children, – the court ruled in Šalčininkai.
The migrant appealed this decision to the SACL. The woman said that although she did not have a passport, she provided other documents that allowed her to be identified.
The foreigner points out that she must take care of two small children, who must also be guaranteed decent and dignified living conditions. If she is detained, neither she nor the children will be allowed to go for a walk, which is contrary to the principle of the best interests of children. Also, young children have a variety of needs, so you may need to go to the store or spend time on leisure. It would be impossible to do so while in detention. In addition, children are not detained, but the detention of a foreigner mainly means that young children will also be forced to live in detention conditions, which is illegal, ”says the migrant’s complaint.
In this case, the URC asked that the woman’s complaint be ignored and that she continue to be detained because the identity of the migrant was not clear.
“The center states that the foreigner is not separated from her husband and children because the husband is also detained, he and the minor children are housed with her. These foreigners live in the best conditions: they are housed in a newly constructed building for detained families and for women only, where there are no bars, it is not closed and foreigners can go out and be out for 24 hours. “It is possible not only to eat the food that is brought into the bedroom 3 times a day, but also to prepare it yourself in the common kitchen. Not only the parents, but also the social workers take care of the employment of the children,” said URC in your review.
The judges who examined the complaint decided not to detain the family, but to house them in the URC without restrictions on their freedom of movement until an asylum decision was made.
The SACL noted that families with young children can be detained only in special cases.
In the present case, according to the judges, no special circumstances have been established, in addition, it is very important to take into account the best interests of the children.
“The panel of judges concludes that there is no evidence that there are currently special circumstances that could justify a foreigner being subjected to a restriction of liberty as severe as detention, which also means living with their minor children in detention conditions” – decided the SACL.
Following this decision, the family will be able to freely leave the URC for 24 hours and move around Lithuania.
There will be challenges
As the head of the URC, A. Kislovas, said in Delfi, this is no longer the first decision of its kind made by the SACL. So far, the practice is still forming, but the trends are already clear.
“The courts of first instance have actively used detention and a review process is underway. I would not say that the practice is fully formed, it will take shape in the next few weeks. But the trend is that vulnerable people, families or mothers single women with children are subjected to various forms of alternative measures to detention ”, he commented.
Generally, there are two alternatives: restricted and unrestricted individuals left the center. According to the director of the URC, this creates additional challenges.
“It is a challenge to control those who have been given an alternative to detention: permission to move only within their territory without leaving the center. It is important to ensure that such foreigners do not leave the territory.
Another category of aliens that can leave the territory 24 hours a day. Register and monitor each departure and return of the guards, whether they return on time or late, ”he said.
It is true that if a person is late, there are not many tools to discipline him, he can be warned, his employment can be restricted or the monthly allowance of 11 euros can be cut in half.
“We are very flexible if a foreigner arrives 15 minutes late. And there is no malignancy, it can also be warned. The most effective measure is to reduce the benefit,” said A. Kislovas.
When asked if they are foreigners within 24 hours. You can travel without control wherever you want, such as going to the sea, answered the interlocutor affirmatively.
“24 hours” Enough time, if you want, to go to Germany and come back, “he joked.
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