Communicated on 1 April 2014

FIRST SECTION

Application no. 33405/10 Dmitriy Vladimirovich KOSTROMITIN against Russia lodged on 6 April 2010

STATEMENT OF FACTS

The applicant, Mr Dmitriy Vladimirovich Kostromitin , is a national of Uzbekistan, who was born in 1974 and lives in the Penza Region.

A. The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

In 2002, the applicant moved to the Penza Region from Tashkent, together with his mother, V.K., born in 1949. They lived together with his grandmother, R.S., born in 1928.

In 2003 they bought a house in the town of Shnayevo . In 2007, the applicant ’ s mother acquired Russian nationality. Both the mother and the grandmother are the applicant ’ s dependants and need his assistance in the daily life.

In 2009, the applicant applied to the Federal Migration Service of the Primorskiy Region for a residence permit, invoking exceptional humanitarian grounds. By letter of 10 August 2009, he was informed that his application was rejected by reference to section 7 § 1 (13) of the Foreign Nationals Act, which restricted the issue of residence permits to foreign nationals who could not show their HIV-negative status.

On 16 October 2009 the Leninskiy District Court of Penza rejected the applicant ’ s challenge to the Migration Service ’ s refusal, referring to the same legal provision and finding no exceptional circumstances in the applicant ’ s case.

On 15 December 2009 the Penza Regional Court upheld the judgment on appeal.

B. Relevant domestic law and practice

For a summary of relevant domestic law and practice, see Kiyutin v. Russia , no. 2700/10, §§ 16-27, ECHR 2011.

COMPLAINT

The applicant complains under Article 8 of the Convention, taken alone or in conjunction with Article 14 of the Convention, that he was a victim of discrimination on account of his health status in the determination of his application for a residence permit.

QUESTION TO THE PARTIES

Having regard to the principles established in the Court ’ s judgment concerning the refusal of a residence permit to an applicant on account of his health status (see Kiyutin v. Russia , no. 2700/10, §§ 53-74, ECHR 2011 ), was there a violation of the applicant ’ s right to be protected against discrimination under Article 14 of the Convention, read in conjunction with his right to respect for his private and family life under Article 8?