FSIN Undesirable Stay: Challenge and an Original Order Example

🔎 Historical example from the original publication

The original article supplied an example of an undesirable-stay order. We restore that document. It is Ministry of Justice Order No. 5677-rn of 24 October 2019, rather than a court judgment or an FSIN order under the current procedure.

📄 Redacted original Ministry of Justice order — PDF, 1 page, Russian

🔎 What an undesirable-stay decision means

Article 25.10 of Federal Law No. 114-FZ permits an authorised authority to declare a foreign national’s or stateless person’s stay undesirable in the cases prescribed by law. The FSIN procedure specifically concerns a foreign national or stateless person with an unexpunged or outstanding conviction for an intentional offence who is due to be released from imprisonment.

The decision is not an additional criminal sentence and does not replace the conviction. It is a separate migration measure. It provides a basis for a subsequent refusal of entry and may be accompanied by other migration decisions. The first task is therefore to identify every relevant act precisely instead of calling all restrictions an “entry ban”.

🔎 Supreme Court practice: a remand is not a final cancellation

Paragraph 35 of Supreme Court Review No. 2 (2025) concerns ruling No. 5-KAD24-82-K2. The Court required examination of the individual, conduct during punishment, rehabilitation and real ties to Russia. It quashed the lower rulings and remitted the case: this was not a final cancellation of the administrative order, and it is separate from the 2019 example supplied here.

Family ties and favourable reports do not guarantee cancellation. They must be assessed against the grounds and current threat. A challenge should identify deficiencies in the particular decision and support them with evidence.

What to do immediately after receiving notice

1. Preserve documents. Keep the order, notice, service date, envelope and receipt.
2. Separate measures. Identify each undesirable-stay, entry-refusal or deportation act.
3. Obtain the file. Request grounds, conduct reports, threat evidence and notification records.
4. Collect evidence. Document lawful residence, real family ties, rehabilitation and other material circumstances.
5. Check time and venue. Establish when the decision became known, the defendant authority and jurisdiction.
6. Frame claims. Prepare the claim and a separately reasoned request for interim protection.

Which circumstances matter

The evidence depends on the case and is assessed as a whole rather than as a formal checklist. Relevant matters commonly include:

• the nature, seriousness and age of the offence and the sentence actually served;
• other criminal offences and administrative violations;
• conduct in custody, rewards, disciplinary sanctions and official reports;
• compensation of harm, attitude to the offence and evidence of rehabilitation;
• the length and lawfulness of residence in Russia before conviction;
• the nationality and status of a spouse, children, parents and other close relatives;
• the reality of family life, cohabitation and dependency;
• health and the availability of necessary treatment;
• employment, taxes, housing and other stable ties to Russia;
• the possibility of family life in another country and the consequences of separation.

Filing period and interim protection

Under the general rule in Article 219(1) of the Code of Administrative Judicial Procedure, a claim is filed within three months from the date when the person learned that their rights had been affected. A late filing may still be accepted, but the court will examine the reasons and may dismiss the claim if the period was missed without a valid reason. An administrative complaint should not be used as a reason to postpone preparation of the court case.

Articles 85 and 223 allow the court to suspend the contested decision insofar as it affects the claimant. This is not automatic. The application should explain the risk of immediate enforcement, potentially irreversible consequences and the connection between the requested measure and the claim.

What the administrative claim should contain

• the authority that issued the decision, its number and date;
• when and how the claimant learned of it;
• the rights and lawful interests affected;
• the material facts that were omitted or assessed only formally;
• why the alleged real threat is not established or the measure is disproportionate;
• the relief sought from the court and the required action by the authority;
• requests for disclosure of the administrative file and interim protection where justified.

Article 220 establishes special requirements for this type of administrative claim. Venue is not determined solely by the claimant’s address: the defendant authority and the territorial scope of its powers must be identified under Article 22.

Documents commonly required

• the notice, FSIN decision and any related migration decisions;
• evidence of service or the date when the decision became known;
• the conviction and documents on execution of the sentence and expungement;
• conduct reports, rewards, disciplinary records and release documents;
• marriage and birth certificates and documents confirming relatives’ status;
• evidence of cohabitation, support of children and other dependants;
• medical records and evidence of employment, taxes, housing and lawful residence;
• responses from FSIN, the Ministry of Internal Affairs and other authorities;
• properly certified translations of foreign documents.

What changed by 2026

Older publications often cite FSIN Order No. 1180. It is no longer the current procedural basis. The applicable instrument is FSIN Order No. 611 of 3 October 2023, as amended by Order No. 78 of 27 February 2026.

Law No. 114-FZ also now contains Article 25.10-1. It concerns people currently serving under military contracts in the formations specified by law, or those who served and participated in combat within them. Certain decisions adopted from 24 February 2022 cease to operate for the expressly covered persons. This is a specific rule, rather than a general migration amnesty. Its application depends on the person’s exact status and documents and must not be generalised to every undesirable-stay case.

Common mistakes

• challenging an undefined “ban” without obtaining the exact decision and identifying the authority;
• treating a Russian spouse or child as an automatic ground for cancellation;
• providing a biography without addressing the finding of a real threat;
• missing the three-month period while waiting for an administrative response;
• failing to request the materials on which the authority relied;
• assuming that filing a claim automatically suspends enforcement;
• relying on obsolete FSIN Order No. 1180.

Frequently asked questions

Primary sources and verification date

Checked on 10 October 2026: the original administrative order, current statutory and procedural provisions and the details of the current FSIN instrument. Order No. 611 is amended as of 27 February 2026. The historical example does not replace current procedure.

Supreme Court Review No. 2 (2025), paragraph 35: primary judicial text reproduced in a legal database. The court website’s review page displayed a maintenance notice during this check.

• Article 25.10 of Federal Law No. 114-FZ;
• Article 25.10-1 of Federal Law No. 114-FZ;
• rules governing the decision, suspension and cancellation;
• FSIN Order No. 611, current version;
• Article 219 of the procedural code: filing period;
• Article 220: claim requirements;
• Article 223: interim protection;

Related practice

Entry ban: restrictions and family circumstances · Administrative expulsion: challenging the order