SUBJECT: Brief analysis of the Judgment of the Administrative Court in Zagreb, business number: UsI-484/21-8 dated July 12, 2022
Legal matter: regulation of temporary residence for humanitarian reasons of a stateless person F.V.
By its judgment, the Administrative Court of the Republic of Croatia decided: The Decision of the Ministry of Internal Affairs of the Republic of Croatia, I. Appeals Commission, CLASS: UP/II-217-02/18-06/115, number: 317-18-8 from December 14, 2020; and the defendant is ordered to make a decision on the plaintiff’s appeal within 60 days from the date of delivery of the verdict.
The Administrative Court of the Republic of Croatia states the following in the explanation of the Judgment: the plaintiff filed a lawsuit with this court on February 24, 2021 against the decision of the Ministry of Internal Affairs of the Republic of Croatia, I. Appeals Commission, CLASS: UP/II-217-02/18-06/ 115, UR NO: 317-18-8 of December 14, 2020, rejecting the appeal filed against the decision of the Zagreb Police Administration, No.: 511-19-23/1-PB-68970-UP/I-11432/1- 2018 from May 20, 2020. In the latter decision, under point 1 of the sentence, it is determined that the legal stay ends and that the request of F. V., of undetermined citizenship, born on March 25, 1983 in the Republic of Albania, for approval of a temporary stay for humanitarian reasons is rejected. Also F.V. the measure of leaving the EEA was pronounced within 30 days from the execution of that Decision.
The lawsuit was filed due to an incompletely and improperly established factual situation, improper application of substantive law and, as a result, a violation of the procedural provisions of the Law.
The Administrative Court of the Republic of Croatia adopted all the allegations of the plaintiff and according to the free opinion of the Court, and on basis of consideration of all legal and factual issues, in accordance with Article 55, Paragraph 3 of the Law on Administrative Disputes. Allegations indicated in the claim: F.V., she came to the Republic of Croatia 20 years ago and resides in the territory of the Republic of Croatia all the time, and has created a life in the Republic of Croatia and considers it her home. She has no family, she left Albania as a small child and has no documents. The plaintiff spent several years in a psychiatric hospital on Rab, she was placed in reception centers in Ježevo, Kutina, and later as a seeker of international protection she was also placed in Porin. It is not stated that she is a danger to the public order of the Republic of Croatia because she has been residing in state institutions without documents for over 10 years and that in those years she did not pose a danger to the public order of the Republic of Croatia. This is precisely how the plaintiff was placed in a procedurally disadvantageous, unequal and illegal position, because she is not allowed a normal life and work, and even medical treatment.
The Administrative Court of the Republic of Croatia, after reviewing the entire case file, the defendant’s file, and the disputed Decisions of the first and second instance bodies, considers that the contested decision is not based on the law, and therefore did not accept the defendant’s position that it is necessary to reject the plaintiff’s appeal against decisions of the Zagreb Police Administration, Number: 511-19-23/1-PB-68970-UP/I-11432/1- 2018 from May 20, 2020. Namely, the Administrative Court of the Republic of Croatia encountered several irregularities in the procedure, and accordingly considers that in the retrial it is necessary to determine the factual situation accurately and completely, in order to make a valid decision.
In conclusion: F.V. is a female person without citizenship, without origin – home country, without birth certificate and personal documents, without education and health insurance, a vulnerable category of persons, health and socially endangered, who has been in the Republic of Croatia for over 20 years, and by non regulating her status, she is prevented to lead a normal life, to get a job, to find accommodation, to be of use to society, and thus the basic rights guaranteed by the Constitution and the Convention on Human Rights of every human being are threatened, namely the right to a dignified life and home, which F.V. has not been having in the Republic of Croatia for many years and the question is whether the client’s life has been ruined, in the previous, and especially in this phase of resolving administrative procedures and disputes that CRP Sisak conducts for the client.
In Sisak, July 14, 2022.
CRP SISAK
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