Appealing the refusal to cross the border

Traveling to other countries has become the norm for a long time. But there are cases when, when crossing the border, a person receives a refusal to cross it. The reasons for refusal to cross the border are quite different, but they have one thing in common - this is the possibility of appealing it. Usually, many citizens are not aware of the right to appeal the refusal to cross the border and do not take any action. The other part, on the contrary, actively uses their rights and takes actions to protect them.

Ways to appeal the refusal to cross the border of Ukraine:

• Extrajudicial. Appeal to a higher authority.
• Judicial. Appeal to the administrative court.

How to begin?

In order to appeal any decision, you first need to get it and get to know it. That is, the refusal to cross the border must be formalized by the decision of the border service. It is impossible to challenge the refusal in words. Next, decide how to appeal. Each method has its own advantages and disadvantages. Collect evidence of unreasonable refusal to cross the border and proceed to the appeal process.

Method 1. Complaint against a decision to refuse to cross the border.

Such a complaint is submitted to the higher body of the State Border Service, which issued the decision to refuse to cross the border. The deadline for filing a complaint is 30 days from its receipt. The advantages of this method of appeal are that no court fee is paid and the complaint period under consideration is 30 days, in some cases it can be extended up to 45 days. But not always filing a complaint can be an effective way of protection, and then it remains to go to court.

Method 2. Court order.

This method of appeal is more complex and time consuming. This is due to the fact that you need to apply to the district administrative court with a claim to recognize the actions of the border service as unlawful regarding the refusal to cross the border. It is important that the claim be filed in accordance with all the requirements of KAFU. The term for appeal is 6 months from the date of receipt of the decision. A court fee is payable for filing a claim. As of 2022, it is UAH 992.40.

The case may take up to 2 months to process. Another month is needed for the court decision to come into force. When applying to the court, it is necessary not only to substantiate the legality of the decision made, but also to add evidence to the justification. If the border guard files a response to the claim, a response to it may also be required.

Recommendations

If you do not agree with the decision to refuse to cross the border, then do not hesitate. In such situations, time is against you. After all, preparing a complaint also requires a certain period of time, and the sooner you deal with the issue of appeal, the faster you will get the result.

If you do not understand the intricacies of the appeal, it is better to immediately contact the specialists. After all, the result depends on the correctness of the design and justification of the complaint. And remember that violated rights can be restored and there are tools for this, the main thing is to be able to use them.