A citizen of the Russian Federation applied to the Kiev court with a lawsuit, which was filed due to the fact that he was denied the status of a refugee or a person who requires additional protection.
There is evidence that a citizen of the Russian Federation illegally resided on the territory of Ukraine, not intending to issue documents for legal residence.
Also, he was invited in 2021 to the territory of Ukraine for the purpose of a guest visit by a citizen of Ukraine.
After that, he wanted to marry her and, on this basis, obtain a temporary residence permit.
During the large-scale invasion of the Russian Federation, the man lived on the territory of Ukraine and was against military operations on the territory of the country. He was also against Putin's policy, took part in various rallies protesting against the Russian government, and also actively sent money to help the Armed Forces of Ukraine. However, he was still not given the opportunity to obtain the status of a refugee or a person in need of additional protection.
At the moment, Ukraine is considered an unsafe country, so it is recommended that foreigners who did not have time to apply for paperwork for legal residence on the territory of Ukraine be sent to safer states.
According to the Convention relating to the Status of Refugees of 1951 and the Protocol of 1967, the term "refugee" includes four main grounds under which a person may be granted refugee status. These grounds are:
1) the presence of a person outside the country of his nationality or, if the person does not have a certain citizenship, outside the country of his former place of residence;
2) the presence of well-founded fear of becoming a victim of persecution;
3) the fear of becoming a victim of persecution must be associated with the grounds specified in the Convention relating to the Status of Refugees, namely: a) race; b) religion; c) nationality (citizenship); d) belonging to a certain social group; e) political views;
4) the impossibility or unwillingness of a person to enjoy the protection of the country of origin as a result of such fears.
An authorized official of the migration service body, who was personally approached by a person who intends to be recognized as a refugee in Ukraine or a person in need of additional protection, or his legal representative in cases provided for by the Law:
a) establishes the identity of the applicant;
b) register the applicant in the register of persons wishing to apply for recognition as a refugee or a person in need of complementary protection (Annex 1) (hereinafter referred to as the register of persons);
c) informs the applicant in a language that he/she understands about the conditions under which in Ukraine a person can be recognized as a refugee or a person in need of subsidiary protection, about his/her rights and obligations, as well as about the consequences of failure to fulfill obligations;
d) ensure the provision of interpreter services to the applicant
The verification is carried out, inter alia, taking into account updated information on the country of origin of the applicant at the time of application;
f) conduct fingerprinting of the applicant;
g) enters the information received into the centralized information system;
h) explains the procedure for applying for free legal assistance in a language understood by the applicant
A citizen of visa-free countries has the right to stay on the territory of Ukraine for 90 days
The claim was satisfied in part.
The inaction of the GMSU, which consists in not taking a decision on accepting an application of a citizen of the Russian Federation for recognition as a refugee or a person requiring additional protection, was recognized as illegal.
Oblige the GMSU to make a decision on accepting the application of a citizen of the Russian Federation to recognize him as a refugee or a person in need of additional protection or to refuse to accept the application of a citizen of the Russian Federation.
If you need to obtain official documents for legal residence on the territory of Ukraine, you can follow this link to learn more about this possibility.
