COURT WITH THE MIGRATION SERVICE: THE MOST COMMON REASONS

State Migration Service is a service that performs important functions for the state and helps citizens in restoring and replacing documents, issuing a temporary or permanent residence permit, as well as issues of Ukrainian citizenship and border crossing. Despite the fact that it is difficult to overestimate the role of this structure (especially in wartime), there are a number of problems that become a reason for people to go to court regarding certain actions of the State Migration Service. Let's consider common problems.

Ukrainian citizenship

The case of Dayana Zalevska became a well-known precedent in its time. The girl's parents came to Ukraine from Kazakhstan back in the 90s. Despite the fact that the girl was born here, and her mother repeatedly appealed to the State Department of Internal Affairs to grant the child Ukrainian citizenship, the service found reasons to refuse it. When Diana came of age, she began to fight the system herself. Accordingly, everything came to trial.

It is worth noting that citizenship issues are very important. In such a situation, without a passport and relevant legal relations with the state, a person has no opportunity to obtain a student card and passbook, issue a card at a bank, and even purchase a train ticket. Although Diana's case gained particular publicity, such a situation is not the only one.

If we continue with the issue of Ukrainian citizenship, then starting from 2014, some volunteers who fight for Ukraine, but come from other countries, where they can be repressed for such a choice, have the same problem.

Document format

A well-known successful case of its time was the lawsuit of citizen Nataliya Degtyar to the State Migration Service, who, based on her religious beliefs, demanded that she be issued a passport in the form of a booklet, instead of a plastic card. This case was considered in several instances. And, having reached the Supreme Court of Ukraine, Mrs. Natalia defended her rights. The relevant Resolution was adopted. When the court satisfied this claim, it motivated its decision by the fact that the state should take care of all people, refraining from decisions that may be negatively perceived by certain sections of the population.

When the State Migration Service is the plaintiff

Despite the fact that there are certain shortcomings in the work of the State Migration Service, it does not always act as a defendant in court cases. A striking example is the issue of deportation of persons who are illegal migrants from Ukraine. For example, one such case, which happened to a migrant from the Republic of Sudan in the Ivano-Frankivsk region, was published on the department's website. Representatives of the territorial administration of the service appealed to the court with a demand to expel the mentioned person, and the court satisfied this demand.

When you need the help of a lawyer?

At the present time, when the DMS is overloaded with a mass of various requests, the risk of errors and imperfections in its work is increased. Therefore, if you see that your rights in migration matters are being violated, you can contact the specialists of the Prikhodko&Partners law office, who will help you defend yourself.