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On December 20, 2022, the Iranian citizen F.S. addressed the Right Side Human Rights Defender NGO and reported that the head of the Passport and Visa Department of the RA Police made a decision to revoke his temporary residence status.
From the study of the case, it was found that an administrative hearing of the case was scheduled for December 14, 2022, however, the notification of the hearing was delivered to F.S. by mail on December 19, 2022, that is, 5 days after the scheduled administrative hearing. And the decision to revoke the residence status granted to F.S., a citizen of the Islamic Republic of Iran, was made on December 15, 2022, and was delivered to F.S. by mail on December 26. This means, F.S. was not properly notified about the administrative proceedings and did not have the opportunity to exercise his rights during the proceedings, whereas it is the requirement of Article 38 of the RA Law “On Administrative Principles and Administrative Procedures” that the administrative body is obliged during the administrative proceedings to give the participants of the proceedings and their representatives an opportunity to express themselves regarding the factual circumstances discussed in the administrative proceedings, however, the administrative body did not ensure the right of F.S. to be heard.
The attorneys of the organization made a complaint to the RA Minister of Internal Affairs. At the same time, F.S. was directed to apply to the competent authority on new grounds for obtaining a residence status. As a result, the decision of the RA Police and Passports Department of December 15, 2022, remained without consequence, and on new grounds, F.S., a citizen of the Islamic Republic of Iran, was granted a residence card for a period of one year on March 22, 2023.
April 10, 2023 Armenia, Yerevan