Migrants detained in Lithuania discover how to win freedom: persuade the courts by meeting a simple condition

The Iraqi SZ, along with 5 other friends from the fate of Belarus, illegally crossed the Lithuanian border at the beginning of the crisis, on June 8. The group of newcomers had already moved into the depths of the country, they were detained only after officials received a report from local residents of the Varėna district about the sightings of dark-skinned people.

SZ was housed at the Alien Registration Center (URC). By court order, he was detained for 3 months and could not leave the territory of the URC. He appealed against this decision in court, but all his requests were rejected.

I found a way to freedom

Therefore, SZ tried another way: while in detention, he was able to find and rent an apartment in the capital, and then, with a lease, he applied to the Vilnius Regional District Court, asking for permission to live there.

“I don’t bother anyone at the URC, I have no problem, I read books,” the migrant wrote in his complaint.

The foreigner emphasized that he had been detained for a long time, and claimed that he was a real refugee and not an economic migrant, although his request had not yet been honored.

Representatives of the URC requested that such a request from the foreigner not be granted. They pointed out that the Iraqis arrived without a passport, crossed the border illegally, and the lease has no value because it is impossible to rent a house without a passport.

Judges Donata Šimkutė, who examined the case, considered that the migrant’s arguments were more important than those of the URC. His decision freed the Iraqi. He is obliged to report his whereabouts by phone every Tuesday and Thursday.

“Assessing the totality of the circumstances established in the case: the identity of the foreigner has been established, he cooperates with state authorities, no evidence has been provided to the court that may pose a threat to state security and public order, therefore that his request and an alternative arrest warrant must be granted ”, the judge ruled.

The court noted that a lease in Lithuania can be concluded without personal documents. Furthermore, although the man arrived in Belarus without a passport, which he claimed had been taken by a magician who had helped him cross the border illegally, the detained migrant received and handed over copies of his documents. The court considered such conduct as cooperation with the authorities.

“When deciding on the request for detention, it is necessary to assess whether the detention is a necessary and proportionate measure to achieve the legitimate ends, which in this particular case are to find out the reasons for the alien’s request for asylum, make a final decision in the asylum procedure and run it, “the court said.

According to Delfi, at least a few more immigrants managed to reach freedom, and some of them, having seized the opportunity, were able to escape from Lithuania. Neither the Interior Ministry nor the State Border Guard Service provided the requested information on the exact number of these migrants. However, it was claimed that these were isolated cases.

The Iraqi is nowhere to be found

According to the court decision, the Iraqi, who won his freedom, has been living in Vilnius for more than two weeks, since mid-September.

URC chief Alexander Kislov said that at least for now, the Iraqi is honestly recording and reporting his whereabouts.

“It just came to our attention then. I still can’t talk about this week, you have to report on Tuesdays and Thursdays. For our part, we asked our colleagues to check more thoroughly if he lives in that apartment,” said the URC commander. .

The interviewee has not yet received any knowledge from the officials, who had to verify if the migrant really lives in the rented apartment.

Mr. Kislov added that he was aware of this only Iraqi citizen who was allowed to reside in the chosen location. However, these cases are not exceptional, they are usually only refugees from Belarus or other neighboring countries.

“The court decides in each case individually, assesses the totality of the circumstances: their danger, the available documents, their cooperation. Having an apartment alone does not guarantee that this decision will be made, ”said the head of the URC.