APPEAL OF THE DECISION ON REFUSAL TO ISSUE A TEMPORARY RESIDENCE PERMIT IN UKRAINE

It is not always possible to get the desired and quick result when applying to state authorities. Sometimes, in order to get the necessary service or document, you need to spend a lot of time and resources. And obtaining a permit for temporary residence in Ukraine is no exception. If a person has received a refusal to issue a passport, do not immediately go to extremes, it is worth remembering that any decision of a state body can be appealed.

The decision of the territorial body of the State Migration Service of Ukraine can be appealed in two ways: by applying directly to the State Migration Service or to the court. Each of these methods has its own characteristics.

Appealing the decision on refusal to obtain a passport to the State Migration Service

In such a case, within a month from the date of receiving the decision on refusal, the person submits a complaint directly to the Social Security Administration. In the complaint, he states the circumstances with which he does not agree and provides evidence to confirm the specified circumstances. After consideration of the complaint, the DMS will provide an answer about the decision made. If the DMS refuses to satisfy the complaint, you can apply to the court. And filing a complaint with the DMS will be considered a way of pre-trial settlement of the dispute.

Appealing the decision on refusal to the court

The decision to refuse to receive a temporary residence permit can be appealed in court. The claim must be submitted to the district administrative court at the location of the territorial body of the State Administrative Service, which issued the refusal. That is, if the refusal to issue a certificate was issued by the Head of the Department of Social Security in the Lviv Region, then the lawsuit must be filed with the Lviv District Administrative Court. The statement of claim must be drawn up in accordance with the requirements of the CASU. In the lawsuit, it is also necessary to state the circumstances in support of the claims, as well as to pay the court fee. As of 2022, the court fee is UAH 992.40.

If we compare these two methods of appeal, then each of them has its advantages and disadvantages. The advantages of appealing to the State Administrative Court are that it is free of charge, that a decision is made faster than in court, and that a further appeal is possible.

Help

Do not forget that no matter which method you choose, you cannot do without the help of a professional lawyer. After all, in such a case, it is not just a question of consultation, but a question of help in drawing up documents to the State Department of Internal Affairs or to the court, as well as, if necessary, representation of the interests of a person who was refused a temporary residence permit.

A migration lawyer will be able to study in detail the reasons for refusal and choose the best and fastest way to appeal. If necessary, the lawyer will be able to help gather evidence that the decision to refuse to obtain a permit is illegal. After all, it is often thanks to the work of a professional that you can get the right document without spending time and effort, and the result of the specialist's work will speak for itself.