Communicated case against Russia

Friday, January 29, 2021

The case of Mandrygin v Russia (application no. 16623/19) concerns a Kazakh national who regularly visited Russia between 2009 and 2016 and started cohabiting in 2016 in Russia with a Russian national, with whom he was allegedly planning to register a marriage. The Russian authorities granted the applicant authorization to stay from 12 March until 10 June 2017. On 10 June 2017, he was hired until 31 December 2017 by a private company and on 16 June 2017 the applicant’s stay in Russia was authorised until 31 December 2017.
In the meanwhile, the applicant had been the subject of three administrative fines. On 15 September 2017 the police issued a decision on the prohibition of the applicant’s re-entry into the Russian Federation for five years (exclusion order), of which he was not informed. Two months later, the applicant was informed of the exclusion order at the police migration department, but received neither further explanations nor a copy of the document. Upon appeal, the exclusion order was first lifted, but subsequently upheld by a Regional Court. Further appeals were unsuccessful. 

It appears that the applicant was deported from Russia and currently resides in Kazakhstan. However, it is unclear when and under what circumstances the removal took place. The applicant complains under Article 8 ECHR that the exclusion decision was a disproportionate punishment for his administrative offences and that the domestic courts failed to examine his submissions concerning its adverse effect on his family life. By consequence, the Court asks the parties, inter alia, whether the exclusion order issued on 15 September 2017 constitutes an interference with his right to respect for family life within the meaning of Article 8 ECHR and whether the domestic courts duly examined the applicant’s allegation of the adverse effect of the exclusion on his family life. 
Other similar cases were published this week: Sherstobitova against RussiaKnyshov against RussiaTsay against RussiaN.K. against RussiaSmirnov and Novoselova against RussiaEldesuki against Russia, and Sultanova and Sultanov against Russia.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                               

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