ADC “Memorial” succeeded in cancelling court ruling on the undesirability of a foreigner’s stay in Russia based on his tuberculosis status

10.03.2017
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Tverskoy district court of Moscow ruled in favor of Mr. A., a citizen of the Republic of Uzbekistan, who had earlier made a legal appeal against the decision of the Federal Service for Supervision of Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) concerning the undesirability of his presence in the Russian Federation due to the fact that he had contracted tuberculosis.

A. contacted ADC “Memorial” after Rospotrebnadzor, Russian consumer and healthcare watchdog, had adopted decision on February 29, 2012 on the undesirability of A.’s stay in the Russian Federation due to his tuberculosis diagnosis. A. is married to a Russian citizen and, at the time of Rospotrebnadzor’s decision, was residing in Russia together with his wife, so the deportation and prohibition of entry violated his right to family life, as stipulated by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. To defend the applicant against discrimination on the basis of his health status, lawyer Olga Tseitlina in cooperation with ADC “Memorial” made a court appeal against the decision of Rospotrebnadzor. The court of first instance had left the appeal of A. without satisfaction, and the lawyer subsequently filed a second complaint to a higher court. Among the arguments presented in the legal appeal was a reference to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which established everyone’s right to respect of personal and family life. In addition, at the time when the second legal appeal was filed, A. had already been cured of his previous illness, which improved the chances for a positive outcome of his court case.

On December 21, 2016 Tverskoy district court made a positive ruling on the legal appeal made by the lawyer on behalf of A. The court found Rospotrebnadzor’s decision illegal and demanded that the resolution on the undesirability of A.’s stay in Russia be cancelled. When making its decision, the court took into account the importance of observing the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms, as well as the legal position of the Constitutional Court of the Russian Federation, which had stated in its ruling No.1297-0 of June 23, 2015 that tuberculosis was not an incurable disease. The fact that the applicant has been cured of this disease can be a reason for canceling the decision on the undesirability of his stay in the Russian Federation and/or for allowing a person’s entry into the Russian Federation.