Iranian citizen Ensieh Gharibi sued the RA Police Department of Passport and Visa, which by its decision dated 20.07.2012 has refused granting him a temporary residence status. The said Police Department, upon receiving the application of the Iranian, has forwarded the materials to the National Security Service for the concurrence. The information received from NSS, according to which it was refused to grant a temporary residence status to E. Gharibi. NSS had made a reference to RA Law “On Foreigners”, Article 19, clause “E”. According to the above-mentioned Article 19, clause ‘E’, granting of a residence status to a foreigner may be refused if there are serious and substantial threats posed by him or her to the state security or public order of the Republic of Armenia. The foreigner was not satisfied with the response, he found out that the respondent police was satisfied only with referring to the above-mentioned Article, and that the plaintiff, based on the act adopted through breaching of the law, is illegitimately bearing the responsibility that is not stipulated by the law.
Police has informed at the Administrative Court that according to Clause 2 of Annex No 2 of the Decision of the Government of the Republic of Armenia No 134-N of 7 February 2008, the Passport and Visa Department shall co-ordinate the issue of granting temporary or permanent residence status to a foreigner in the Republic of Armenia with the National Security Service adjunct to the Government of the Republic of Armenia. According to clause 3 of the same Annex, the National Security Service shall, with regard to the issue of granting temporary or permanent residence status to a foreigner or extending the residence status, submit to the Passport and Visa Department information on its consent or objection, rather than factual data as grounds for rejecting granting (extension) of a residence status. According to the official objections of RA Police, which were available to the Administrative Court, while resolving the issue of granting residence status to foreign citizens, they are not entitled to doubt the information provided by the National Security Service, regardless of its scope and content.
Consequently, the refusal of granting temporary residence status of the Republic of Armenia to Gharibi has been legitimate. The Administrative Court rejected the Ensieh Gharibi. The Court protocolled that the refusal was grounded on RA Law “On Foreigners”, Article 19, clause “E”: “The said clauses show that although the issue of granting temporary residence status of the Republic of Armenia to a foreigner is under the authority of the Passport and Visa Department, however, with regard to the issue of granting temporary or permanent residence status to a foreigner, the latter shall receive the consent with the National Security Service adjunct to the Government of the Republic of Armenia. The consent or objection of the National Security Service shall be achieved while granting a residency status.” – protocolled the court. According to the court’s legal position, the objection of the National Security Service adjunct to the Government of the Republic of Armenia regarding the issue is a ground for refusing granting a residence status. Consequently, the decision of the Police Passport and Visa Department is legitimate, and there are no grounds to recognize it invalid. Pursuant to our information, the Iranian intends to appeal the decision at RA Administrative Court of Appeal.
Ruzan MINASYAN
