The court referred to the Convention for the Protection of Human Rights and Fundamental Freedoms.
Syrian citizen Mohammed Sh. who asked Civic Assitance Committee for help was granted temporary asylum prolongation based on the decision of the Luberetsky court. This positive outcome became possible thanks to Maivand Abdul Gani, an attorney for the Memorial’s “Migration and Law” Network. This is a huge victory since Syrians have been recently denied prolongation “due to the elimination of circumstances which previosuly served as grounds for granting temporary asylum”.
The wife and child of Mohammed Sh. are Russian citizens. This could be the reason for giving him the temporary residence permit but the Syrian’s visa expired which is a necessary document for this very permit. Were it not for the prolongation of the temporary asylum Mohammed would have had to go to Syria with his family. After Maivand Abdul Gani, his representing attorney, appealed the denial to prolong the Syrian’s status the Ministry of Internal Affairs canceled their denial decision but the General Administration for Migration Issues for Moscow Region (UVM GU MVD Russia for Moscow Region) still refused to prolong the validity of the temporary asylum. The reasoning was that “there is no ground to beleive that the life of Mohammed Sh. will be in bigger danger than the lives of other citizenz living in the country…”. It didn’t help that the Luberetsky city court of the Moscow Region established that military action was still ongoing in Syria and the situation hasn’t changed since Mohammed was last granted asylum. The court referred to Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (Right to respect for private and family life) and Article 2 of the Russian Constitution (“the recognition, observance and protection of the rights and freedoms of man and citizen shall be the obligation of the State”). Based on this standing the court ordered to prolong temporary asylum for another year and to rule the prolongation denial by the General Administration for Migration Issues illegal.