FORCED DEPORTATION FROM UKRAINE

The decision on the forced deportation of a foreign citizen or stateless person can be taken by the bodies of the State Migration Service, the Security Service of Ukraine, as well as the protection of the state border. Lawyers of PRIKHODKO&PARTNERS provide their clients with services in a wide range of migration law topics. In particular, this applies to client requests related to appealing a deportation decision. We invite you to take a closer look at this topic.

Forced deportation from Ukraine: for what reasons can a decision on deportation be made?

Reasons for deportation may include:

• Actions that harm the national security of Ukraine. This is the only ground, in the presence of which there is neither the possibility nor the point to appeal the deportation. However, in the vast majority of other cases, this possibility exists.
• Actions that violate the rule of law. Here it is worth understanding in each specific case and, based on the information received, build a line of protection for the client.
• Actions that violate immigration laws. This is one of the most common reasons for deportation. But, as our practice shows, in many situations it is possible to successfully appeal such a decision.
• Cases when such deportation is required to protect the interests and rights of citizens of Ukraine. Here, too, you need to understand what exactly was the reason for the deportation. We carefully study the documents from the bodies that made such a decision, and on the basis of the studied facts, we build the process of appealing it.

In most cases, where the actions of a foreigner or stateless person do not encroach on national security, qualified lawyers are able to achieve a positive decision. This is evidenced by many successful cases in our practice.

What you need to know about the appeal process?

Regardless of which body made the decision to deport, it can be appealed in court. This is the only available format for influencing the situation, since there are no administrative levers in the form of appeals to higher authorities.

It is very important to seek qualified help in time, as the deadlines for appealing are limited. This issue is regulated by Article 288 of the Code of Administrative Procedure.

In this case, the task of lawyers is to collect evidence in favor of their client, correctly draw up a claim and convincingly represent his interests in court. A 10-day period is given for consideration of the application, and the jurisdiction of the local court is determined by the location of the body that made the decision to deport.

If we analyze the judicial practice in such cases, we can conclude that the prospects are good. Very often, the courts decide in favor of the plaintiff, because the procedure for his detention prescribed by law was violated. Also, the reason often lies in the fact that the documents were formed with errors or the order of expulsion was violated.

And finally, it is worth mentioning the reason related to security. If a foreigner is in danger in the country from which he came, this is the basis for satisfying a lawsuit to appeal the decision to deport.

Our team will provide you with competent and efficient assistance in such cases.