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UNHCR observations on the Draft Amendments to the Law of the Republic of Lithuania on Legal Status of Aliens (No XIVP-2385) and the Draft Amendments to the Law of the Republic of Lithuania on the State Border and its Protection (No XIVP-2383)

20 March 2023 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

L.G. tegen Staatssecretaris van Justitie en Veiligheid, verzoek om prejudiciele beslissing, C‑745/21

16 February 2023 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Children's rights | Countries: Lithuania - Netherlands - Syrian Arab Republic

M.A. v Valstybės sienos apsaugos tarnyba, Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas, Case C-72/22 PPU

The Court, ruling under the urgent preliminary ruling procedure, holds that the Procedures Directive (4) precludes legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or in the event of a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are, de facto, denied the opportunity of having access to the procedure for examining an application for international protection in the territory of that Member State. Furthermore, the Court holds that the Reception Directive (5) precludes legislation of a Member State under which, in the event of such a declaration, an applicant for asylum may be detained on the sole ground that he or she is staying in the territory of that Member State illegally.

30 June 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security - State of emergency | Countries: Lithuania

L.B. v. Lithuania (Application No. 38121/20)

Accordingly, the Court finds that the refusal to issue the applicant with an alien’s passport was taken without carrying out a balancing exercise and without ensuring that such a measure was justified and proportionate in his individual situation (see, mutatis mutandis, Pfeifer, cited above, § 57). That refusal was based on formalistic grounds, namely that he had not demonstrated that he was personally at risk of persecution and that he was not considered a beneficiary of asylum at that time, without adequate examination of the situation in his country of origin, as well as on the purported possibility of obtaining a Russian passport, without any assessment of whether that possibility was accessible to him in practice in view of his particular circumstances. 97. In the light of the foregoing, the Court concludes that it has not been demonstrated that the interference with the applicant’s right to freedom of movement was necessary in a democratic society. 98. There has accordingly been a violation of Article 2 of Protocol No. 4 to the Convention.

16 June 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Travel documents | Countries: Lithuania

CASE OF T.K. AND OTHERS v. LITHUANIA (Application no. 55978/20)

22 March 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Rejected asylum-seekers | Countries: Lithuania - Tajikistan

VG Hannover 12. Kammer, Beschluss vom 23.02.2022, 12 B 6475/21

Decision in German available here: http://www.rechtsprechung.niedersachsen.juris.de/jportal/?quelle=jlink&docid=MWRE220005233&psml=bsndprod.psml&max=true

23 February 2022 | Judicial Body: Germany: Verwaltungsgericht | Document type: Case Law | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Suspensive effect | Countries: Germany - Lithuania

UNHCR observations on draft Amendments to the Law of the Republic of Lithuania on Legal Status of Aliens (No 21-29207)

27 September 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

UNHCR legal observations on the amendments to the Law of the Republic of Lithuania on Legal Status of Aliens (No XIV-506)

28 July 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

EASO Age assessment practices in EU+ countries: updated findings

July 2021 | Publisher: European Union: European Asylum Support Office (EASO) | Document type: Thematic Reports

Campaign Update, January 2021 - March 2021

15 April 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country News

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