Court suspends the consideration of application regarding the decision of the Minister of the Interior to prohibit a person from entering the Republic of Latvia
7 March, 2018
On 7 March, the Department of Administrative Cases of the Supreme Court initiated the oral proceedings on application for the annulment of the decision of the Minister of the Interior of the Republic of Latvia of 5 August 2015, which prohibits the applicant – a citizen of the Russian Federation from entering the Republic of Latvia. At the hearing, the court heard the parties to proceedings – the applicant's representative, the representatives of the Ministry of the Interior, the Security Police and the Prosecutor General’s Office. Taking into account that the applicant's representative at the hearing expressed his desire to get acquainted with the opinion of the Security Police, on the basis of which the Minister of the Interior adopted the contested decision, the Court decided to stay the proceedings, thus allowing the applicant's representative to turn to the Security Police and request special permission to access the state secret to become acquainted with specific opinion. The proceedings are stayed for an indefinite period of time.
The Supreme Court received an application from the applicant for the annulment of the decision No 1-66/52-ip of 5 August 2015 of the Minister of the Interior of the Republic of Latvia "On inclusion of a foreigner in the List of foreigners for whom entry into the Republic of Latvia is prohibited". The said decision is based on Section 61, Paragraph one, Clause 2 of the Immigration Law, namely that the Minister of the Interior decides on the inclusion of a foreigner in the list, if the competent state authorities have reason to believe that a foreigner poses a threat to national security or public order and safety, upon arriving in Latvia, may interfere with pre-trial investigation or the work of law enforcement agencies in detecting a criminal offense. In the opinion of the applicant, the decision of the Minister for the Interior does not contain the facts on the basis of which he would be included in this list, the decision is formal and vague.
In accordance with the Section 651, Paragraphs one and two of the Immigration Law, the Department of Administrative Cases of the Supreme Court, as the first instance, shall examine the case within two months’ period from the date when the decision to accept the application and initiate the proceedings is adopted.
Information prepared by Baiba Kataja, the Press Secretary of the Supreme Court
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