6
L.M. AND OTHERS v. RUSSIA JUDGMENT
with his family after December 2013. L.M. had been in Damascus but had
no right of return as he was a stateless Palestinian. He had also lost contact
with the members of his family who had remained in Syria. All applicants
stressed that they were afraid to go back because of the hostilities which had
caused their departure, and said that they feared being forcibly drafted into
the armed forces.
30. On 16 June 2014 the Kaluga FMS decided that their applications for
refugee status should be considered on the merits and issued appropriate
certificates to them.
31. In parallel proceedings, also in June 2014, the three applicants were
questioned by the FMS in order to obtain temporary asylum in Russia.
32. On 17 July 2014 L.M. signed a paper in Russian stating that he had
asked for his request for “temporary asylum in Russia dated 28 May 2014”
not to be considered since he “intended to return to his home in Syria”. The
paper was also signed by a translator, Z.A.
33. On the same date a similar paper was signed by A.A. which stated
that “he and his wife intended to go to Turkey”. The paper was also signed
by Z.A.
34. According to the Government’s observations of 3 December 2014,
these requests served as the basis of the FMS decisions to terminate the
proceedings in respect of these two applicants, both in respect of their
request for refugee status and temporary asylum. No documents were
submitted in this regard.
35. On 16 September 2014 the Kaluga FMS decided to refuse M.A.’s
request for refugee status. It considered that he faced no threat of
persecution on the grounds set out in the Law on Refugees. On
17 September 2014 the Kaluga FMS, for the same reasons, refused him
temporary asylum.
36. On 28 November 2014 the Regional Court reviewed M.A.’s appeal
against the decision not to grant him temporary asylum. He was not taken to
the trial even though the decision stated that he had been notified, and he
did not have a representative. A representative of the FMS appeared before
the court, which briefly restated the reasons for the FMS decision to refuse
the applicant both refugee and temporary asylum status and confirmed that
there were no reasons to regard him as in need of protection. Neither the
general situation in Syria nor the applicant’s submissions about the situation
in Aleppo had been raised or discussed. This decision was sent to M.A. on
5 December 2014. It is unclear if he appealed against it.
3. Next round of proceedings
37. On 30 September 2014 M.A. and L.M. submitted new written
requests for refugee status, which were accepted for consideration by the
Kaluga FMS on 7 October 2014. On 15 October 2014, however, both
applicants signed papers in Russian stating that they had asked for their
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