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Lithuania / Vilnius Regional Administrative Court / eI-5007-484/2016

N. S. v Migration Department under the Ministry of the Interior

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Vilnius Regional Administrative Court
Type:
Decision
Decision date:
15/03/2016

Key facts of the case:

The applicant submitted a request to the Migration Department asking to change a temporary residence permit on the ground of family reunification, since she got married to a Lithuanian citizen; initially the applicant received a temporary residence permit for one year on the ground of legal business activities in Lithuania (this ground was annulled as of 1 November 2014). The respondent rejected the applicant’s request claiming that her marriage was fictitious; It also took into consideration the fact, that the other Schengen country has entered an alert in the Schengen Information System (SIS) for the purpose of refusing the entry of the applicant into the Schengen Area until 30 April 2018. The applicant challenged the decision of the Migration Department before Vilnius Regional Administrative Court (Vilniaus apygardos administracinis teismas) stating that the respondent examined all the relevant circumstances insufficiently and made unfounded conclusion regarding the fictitious marriage. 

Outcome of the case:

The Court decided that the conclusion of the Migration Department that the marriage of the applicant and J.G. was fictious was done in haste, and the respondent had not fully examined all the circumstances. Regarding the alert in the SIS, the Court concluded that a prohibition to entry Schengen area is not absolute and may be waived, if this would lead inter alia to a violation of international obligations, in the present case – the right to a family life guaranteed by the European Convention on Human Rights.

The Court quashed the decision of the Migration Department and obliged the respondent to reconsider the request of the applicant regarding the change of temporary residence permit on the ground of family reunification. The Court decided that prohibition to entry Schengen area is not absolute and may be waived, if this would lead inter alia to a violation of international obligations, in present case – the right to a family life guaranteed by the European Convention on Human Rights.