Not all HIV-positive foreigners are deported

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foreigners with HIV are not being deported, someone with HIV not be deported, the foreign national with HIV infection in Russia

The constitutional court of the Russian Federation explained that anyone from coming to Russia of foreign citizens HIV patients cannot be deported.

The constitutional court declared the mandatory deportation of foreign nationals with HIV is illegal, but only in certain cases. If applicants have family in Russia, their spouses and children are citizens of the Russian Federation, its citizens, the disease is nothing to hide and is actively being treated.

In addition, there are cases when HIV infection becomes infected with a foreign citizen on the territory of Russia, i.e. at the time of entry this individual was healthy and did not try to deceive the authorities.

Until that time, the Supreme court also considered a similar case. Then he decided that it was necessary to strike a balance between the protection of public health and respect for family values. According to the constitutional court, the contested provisions do not prohibit state authorities and courts to take into account the state of health, family status, when deciding on the undesirability of stay of a foreign citizen in Russia.

So this time the constitutional court ruled that his explanations are not taken into account in full, the contested norm in interconnection are recognized inappropriate to the Constitution, according to the legislator will have to amend the laws change.

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