ATSISAKYMŲ UŽSIENIEČIAMS IŠDUOTI LEIDIMĄ LAIKINAI GYVENTI LIETUVOS RESPUBLIKOJE YPATUMAI IR PRAKTINĖS PROBLEMOS

Abstract

This article analyzes the specifics and challenges of issuing (or not issuing) 
temporary residence permits to foreigners in the Republic of Lithuania. The author, relying on both national and international court practices, raises the issue of whether, when making decisions to refuse to issue a temporary residence permit to foreigners in the Republic of Lithuania, the Migration Department conducts a thorough assessment of all the individual circumstances of the foreigner. It also questions whether the conclusion of the State Security Department regarding a threat to national security can be the sole basis for refusing to issue a temporary residence permit to a foreigner in Lithuania, whether hypothetical and future-oriented statements are used when determining a threat to national security, and whether the burden of proof regarding a threat to national security is unjustly shifted onto the foreigner. The article aims to analyze the legal grounds for refusing to issue a temporary residence permit to a foreigner in the Republic of Lithuania, to review court practices, and to evaluate the justification of the actions taken by institutions when refusing to issue such permits. The objectives of the article include revealing court practices related to the assessment of national security threats, examining the evaluation of the totality of a foreigner’s individual circumstances, and investigating the validity of shifting the burden of proof onto the foreigner regarding national security threats. The subject of the research is the legal regulation concerning the refusal to issue temporary residence permits to foreigners in the Republic of Lithuania