Sienos Grupė

The Court Annulled the Decision of the Migration Department Refusing to Review the Deportation of a Foreigner After a Child Was Born



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2024 06 10


At the initiative of Sienos Grupė, a foreigner, a citizen of the Federal Republic of Nigeria, applied to the Migration Department requesting a review of the decision to deport him from Lithuania after a child was born to a Lithuanian citizen. The Migration Department rejected the request, citing discrepancies in personal data in the submitted documents. The Regional Administrative Court annulled the Migration Department’s letter of 26 March 2024, which refused to consider the request to review the deportation and entry ban. The court found that the Migration Department’s position was overly formalistic and did not comply with the principle of good administration, as the institution failed to consider all legally significant circumstances, including the applicant’s clear identification with the person subject to the contested decision. The court emphasized that public administration authorities must make not only formally lawful but also justified and reasoned decisions, as required by the Law on Public Administration. The Migration Department was ordered to reconsider the applicant’s request, and litigation costs were awarded to the applicant (case No. eI2-8394-776/2024).


This case is one of Sienos Grupė’s strategic cases, aiming to ensure children’s right to grow up in families with both parents, where at least one parent is a foreigner subject to a deportation decision from Lithuania.



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