Russia: HIV-positive foreign national to be deported from the Amur Region

The court reached this decision on the grounds that the disease could pose a threat to public health

BLAGOVESHCHENSK,  A court in the Amur Region has ruled to deport an HIV-positive foreign national from Kazakhstan on the grounds that the disease could pose a threat to public health. The man will be deported despite being married to a Russian woman, according to the Blagoveshchensk City Court.

“The court has ruled that the deportation from Russia of an HIV-positive foreign national is lawful, despite his marriage to a Russian woman,” the statement reads.

It has been established that in September 2025, Rospotrebnadzor in the Amur Region ruled that it was undesirable for the Kazakhstani citizen to remain in Russia. The reason was a medical report confirming that he was HIV-positive. Under federal law, the presence of a foreign national with such a condition poses a threat to public health.

The man was informed of the decision in October 2025. By that time, he was already married to a Russian citizen. He disagreed with Rospotrebnadzor’s decision and filed a claim with the Blagoveshchensk City Court. In his statement, he argued that he was under medical supervision, undergoing treatment, posed no danger to others and was participating in a state programme for the voluntary resettlement of compatriots. The court did not accept the claimant’s arguments. The key issue was that the marriage was registered on 4 October 2025. This took place after Rospotrebnadzor’s decision, which was issued on 26 September 2025. The application for registration was submitted on 2 September, by which time the man was already aware of his diagnosis.

The court stated that the rule exempting HIV-positive foreign nationals with families in Russia from being deemed undesirable cannot be applied retrospectively. At the time the decision was made, the man was not married to a Russian citizen; therefore, there were grounds for his expulsion. The court also rejected the reference to participation in the state programme for the resettlement of compatriots. The programme’s rules state that a participant’s status is forfeited if they have not provided medical documents confirming the absence of infectious diseases posing a threat to others, or if a decision has been made declaring their presence in Russia undesirable.

The man disagreed with the decision of the Blagoveshchensk City Court and lodged an appeal. However, the Amur Regional Court upheld the decision of the court of first instance and dismissed the man’s appeal. The ruling has become final.