CASE OF IBROGIMOV v. RUSSIA
Violation of Article 14+8 - Prohibition of discrimination (Article 14 - Discrimination) (Article 8 - Right to respect for private and family life;Article 8-1 - Respect for family life;Respect for private life)
Alena Poláčková;Dmitry Dedov
4. The applicant was born in 1992 and lives in Bukhara, Uzbekistan. 5. The facts of the case, as submitted by the parties, may be summarised as follows. 6. The applicant was born in Uzbekistan. In 2003 his father, mother, brother and sister moved to Vladivostok in Russia and subsequently acquired Russian nationality, while he continued to live with his grandfather in Bukhara, visiting them in the summer months. After his grandfather had died and the applicant had finished the secondary school, in June 2011 he joined his family in Russia. 7. The applicant took a mandatory blood test with a view to obtaining a health certificate to support his application for a temporary residence permit. He was found to be HIV-positive. 8. On 23 September 2011 the Consumer Protection Authority declared the applicant’s presence in Russian undesirable (the “exclusion order”) on the ground that he was HIV-positive. 9. By judgment of 19 December 2011, the Sovetskiy District Court in Vladivostok rejected the applicant’s challenge to the exclusion order, finding that it was issued in full compliance with Russian law. 10. On 13 February 2012 the Primorskiy Regional Court upheld the judgment on appeal. 11. On 22 February 2012 the applicant left Russia to comply with the exclusion order.