STA, 21 June 2021 - The Constitutional Court has taken a position that turning down a foreigner's application for a residence permit in the country of residence of their close relatives could interfere with the person's right to family life even when that person committed a crime.
The court adopted the position in granting an appeal by a woman whose application for her husband to be granted an extension of the residence permit was rejected.
In a judgement announced on Monday, the court said it had deliberated on the applicant's appeal from the aspect of the right to family life and the principle of best interest of the child.
The court took the decision based on case law of the European Court of Human Rights and of Slovenia.
It thus annulled the relevant decisions by the Administrative Court, Interior Ministry and the Administrative Unit, which the petitioner appealed, and returned the application to be handled anew by the Administrative Unit.
The court said that in all decisions affecting children, their best interest should be given a key weight. Even though the best interest of children cannot be decisive as such, it has a major weight in deliberation.
The decision by the first instance body was annulled mainly because it failed to give due weight to the best interest of underage children. Since the shortcoming was not tackled by the body of second instance and the Administrative Court, they too violated the applicant's human rights to family life and children's rights.
