CCPR/C/112/D/2126/2011 journalism faculty of the state university of Saint Petersburg. In 1991 he visited relatives in Afghanistan for two weeks. Between September 1998 and March 2001 he was enrolled in post-graduate studies at the Saint Petersburg state university and had a temporary residence registration in Saint Petersburg. After he finished his studies his residence permit was extended until 10 January 2002. However he remained on the territory of the Russian Federation after his permit expired and on 28 January 2003 the Vasilyevskiy Island District Court of St. Petersburg convicted him of an administrative offence under article 18.8 of the Code of Administrative Violations and sentenced him to a fine and administrative expulsion by 23 February 2003. On 30 January 2003, he was issued with an exit visa for Afghanistan, but did not leave the territory of the Russian Federation. 4.2 On 5 February 2003 and 16 June 2003, the author filed requests for temporary protection with the Migration Departments of the St. Petersburg and Leningrad Region Internal Affairs Departments. Under section 7.1.3 of Federal Law No. 115-FZ on the Legal Position of Foreign Citizens in the Russian Federation,8 the fact that he had been convicted of an administrative offence was an obstacle to granting him a temporary residence permit for a period of five years. However, the Kuybushevskiy District Court, on 23 October 2006, declared that the decision of the Migration Service was illegal and granted the author temporary asylum, which was extended by one year on two occasions, on 29 October 2007 and on 23 October 2008 respectively. 4.3 The Kuybushevskiy District Court issued its decision on humanitarian grounds, in accordance with article 8, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms and article 9 of the Convention on the Rights of the Child. The Court granted the author entitlement to enjoy his rights, including the right to family life. After being granted temporary asylum, the author had the opportunity, in accordance with article 6, paragraphs 3.4 and 3.62, of Federal Law No. 115, to apply for a temporary residence permit, outside of the Government-approved quota, as he was married to a citizen of the Russian Federation, who had living premises in the Kirovsky Region, and they had a minor child to support. According to article 7, paragraph 1.3, of Federal Law No. 115, a temporary residence permit may not be issued to a foreigner subject to administrative expulsion for a period of five years. That period expired for the author on 28 January 2008 and therefore as of 29 January 2008 he was entitled to file an application for a temporary residence permit to the Migration Department of the Kirovsky Region. However he failed to do so. He had explained to the Court that he did not intend to live in the Kirovsky Region for economic reasons and that he would like to live and work in St. Petersburg. 4.4 On 28 September 2009, the author filed an application for extension of his temporary asylum, but his application was rejected. He appealed the decision of the Federal Migration Service before the Dzerzhinsky District Court of St. Petersburg. Article 2.2 of the Law on refugees stipulates that the Law does not protect individuals who left their countries of origin for economic reasons. On the basis of that provision the Dzerzhinsky District Court rejected the author’s appeal on 1 October 2010. Currently the author has the option to use his “personal, family rights”, after a short voluntary exit from the Russian Federation and preparing “primary migration paperwork”. After obtaining a temporary residence permit he will also be entitled to apply for citizenship through a simplified procedure. 4.5 The State party maintains that at the time of its submission there is no risk for the author of being forcibly expelled. According to article 31.9 of the Code of Administrative 8 Federal Law No. 115-FZ, on the Legal Position of Foreign Citizens in the Russian Federation, 25 July 2002, available from www.legislationline.org/documents/action/popup/id/4355. 5