CCPR/C/112/D/2126/2011
Law on refugees”.10 Such a decision may be taken by Migration Service officials at any
time and the only reason that that had not been done was the Committee’s request for
interim measures . The author further maintains that there is no procedure for the judicial
review of a deportation decision that would automatically suspend the deportation. If
deported he would be prevented from visiting the Russian Federation and seeing his family
for at least five years. Additionally, since he has no status in the Russian Federation, he
cannot work legally, nor is he entitled to medical or social insurance or support or to move
around. The author’s status has remained unchanged since his submission to the
Committee.
5.4
The author is concerned at the State party’s suggestion that he leave the country and
re-enter in order to regularize his stay. There is no guarantee that if he leaves he would be
allowed to re-enter the country. He has no documents with which to leave the country
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7. The federal executive power body controlling the matters of internal affairs or its territorial
subdivision shall forward information on the deportation of a foreign citizen to the federal executive
power body controlling the matters of foreign affairs.
8. The federal executive power body controlling the matters of foreign affairs shall inform the
diplomatic representation or the consular institution of the foreign State in the Russian Federation,
whose national the deported foreign citizen is, on the deportation of the foreign citizen.
9. Foreign citizens subject to deportation shall be kept by court decision in the specially allocated
premises of the internal affairs bodies, or in the special institutions established in accordance with the
procedure laid down by the law of the subject of the Russian Federation, until the execution of the
decision on the deportation.” Available from www.legislationline.org/documents/action/
popup/id/4355.
The article reads:
“Article 13. Expulsion (deportation) of persons from the territory of the Russian Federation
1. A person receiving a notice dismissing their application on its merits or refusal of refugee status or
notice of loss of refugee status or deprivation of refugee status who does not exercise their right to
appeal the decision and refuses to leave voluntarily, shall be expelled (deported), together with their
accompanying family members from the territory of the Russian Federation in accordance with the
present Federal Law, other federal laws and other normative legal acts of the Russian Federation and
the international treaties to which the Russian Federation is a party.
2. The person who appeals a decision dismissing their application on its merits or the refusal of
refugee status or a decision on the loss of refugee status or deprivation of refugee status and receives
notice that their appeal has been rejected, and has no other legal grounds to stay in the territory of the
Russian Federation and refuses to voluntarily depart, shall be expelled (deported), together with their
accompanying family members, from the territory of the Russian Federation in accordance with the
present Federal Law, other federal laws and other normative legal acts of the Russian Federation and
the international treaties to which the Russian Federation is a party.
3. A person deprived of the status of refugee or asylum in connection with their conviction for a crime
committed in the territory of the Russian Federation shall be subject to expulsion (deportation) from
the territory of the Russian Federation after serving their sentence, unless other rules are provided by
international treaties to which the Russian Federation is a party.
4. A person who has lost temporary asylum or has been deprived of temporary asylum due to the
circumstances provided for in paragraph 5 and paragraph 6, subparagraph 2 of Article 12 of this
Federal Law, has no other legal grounds to stay in the territory of the Russian Federation and refuses
to leave voluntarily, shall be expelled (deported) from the territory the Russian Federation in
accordance with the present Federal Law, other federal laws and other normative legal acts of the
Russian Federation and the international treaties to which the Russian Federation is a party.
5. Expulsion (deportation) of persons from the territory of the Russian Federation is carried out by the
federal executive body authorized to exercise the functions of control and supervision in the field of
migration and its regional authorities, in cooperation with the federal executive body for internal
affairs and its territorial bodies.” Available from http://refworld.org/cgi-bin/texis/vtx/rwmain?
page=country&docid=527246344&skip=0&coi=RUS&querysi=Law &
refugees&searchin=title&sort=date.
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