The applicant, a Russian national, requested for international protection in Lithuania. The Migration Department rejected the application based on a document issued by the State Security Department (SSD) on 25 January 2023, which concluded that the applicant posed a threat to the security of the Republic of Lithuania. The conclusion of the SSD was based on the declarations made by the applicant while he was filling out the mandatory questionnaire of the SSD, and in which he indicated that he supported Russia’s military actions in Ukraine and that Crimea belonged to Russia.

According to Article 90(1)(9) on the Law on the Legal Status of Aliens, “refugee status of an alien shall be cancelled if there is a serious reason to believe that his presence in the Republic of Lithuania poses a threat to the security of the state, or he has been found guilty of committing a very serious crime and poses a threat to society.”

The applicant stated that the Migration Department did not indicate any other reasons why he applicant was considered a threat to the security. The applicant appealed the decision to the Vilnius Regional Administrative Court (VAAT) who allowed the applicant's complaint and annulled the decision of the Migration Department. 

The VAAT determined that owing to the applicant's activity opposing the Russian regime, a criminal case had been filed against him. The court found that that the applicant satisfied the requirements for refugee status as he had a justified fear of persecution on the grounds of political opinion after assessing the individual circumstances of the applicant and country of origin information, citing the recast Qualification Directive and CJEU practice. 

The VAAT further found that there were no factual circumstances of the applicant's activities that were under the purview of Article 90(1)(9). The court ruled that supporting the war was unacceptable, but it could not be used as justification to revoke a person's status as a refugee. Additionally, all the factual circumstances established in the case must be evaluated to determine whether a person may pose a threat (real and actual danger) to public order or state security. However, there was no information in the file about the applicant’s previous behaviour or characteristics that would determine him as a genuine threat to state security.

The Migration Department filed an appeal before the Supreme Administrative Court (LVAT) on the grounds that the applicant indicated that he supports Russia's military actions in Ukraine and that Crimea belongs to Russia.

The LVAT upheld the appeal and confirmed the decision of the Migration Department to revoke refugee protection and to issue temporary residence permit. The LVAT concluded that the Migration Department had legally revoked the applicant's refugee protection as he consciously and unequivocally supported Russia's aggression against Ukraine, and in the context of existential threats to Lithuania's statehood, the applicant could endanger Lithuania's security.