Crossing the border is an important stage of travel, work and other activities for many people. However, sometimes there may be situations where you are wrongly refused to cross the border. In such cases, it is important to know your rights and how to protect them. On this page, we will consider the legal and illegal grounds for refusal to cross the border, as well as the procedure for appealing such refusals.
Legal grounds for refusal to cross the border
The legal grounds for refusal to cross the border are determined by national and international laws that regulate the migration policy of each country.
- Mismatch of documents. One of the most common legal grounds for refusal to cross the border is that your documentation does not meet the requirements of the destination country. This may include an invalid passport, lack of a required visa, or other documentary issues.
- Medical restrictions. Some countries may deny entry to individuals with certain medical conditions or illnesses that may pose a threat to public health.
- A crime story. Convictions for serious crimes can lead to denial of entry to some countries. Each country has its own rules and requirements regarding the criminal history of entry.
- National security. Reasons related to national security may also lead to refusal to cross the border. They may be associated with a risk to the security of the country of destination.
Illegal, but not rare, grounds for refusal to cross the border
Unlawful grounds for refusal to cross the border are wrongful actions or decisions by border guards or immigration authorities that violate the laws and rights of the person trying to enter the country. These grounds may include the following illegal practices:
- Discrimination. Refusal to cross the border due to racial, ethnic, religious, sexual or other types of discrimination is illegal. Countries must adhere to the principle of equality before the law for all persons, regardless of their personal characteristics.
- Corruption. In some cases, border guards may demand bribes or otherwise abuse their authority to grant permission to cross the border. This is illegal and violates the transparency and fairness of the process.
- Arbitrary or insufficiently substantiated decision. In some cases, especially in the absence of clear and objective grounds, refusals to cross the border are issued. These decisions can be arbitrary and illegal.
- Political motives. Refusal to cross the border for political reasons, which has no basis in the laws and regulations of the country, may also be illegal. Individuals should not suffer because of political persecution.
- Violation of the right to asylum. When a person has legal refugee status or other status entitling them to asylum, it is unlawful to refuse to cross the border without due regard to their asylum rights.
Persons who are denied border crossing on grounds that are contrary to the law have the right to appeal these decisions and defend their rights in accordance with national and international legislation. It is important to bear in mind that dealing with such situations may require legal support and advice on the best course of action to protect your rights.
How to appeal the refusal to cross the border?
- Contact the local representative office of the destination country. The first step in resolving the situation is to contact the consular service or embassy of the country you tried to enter. They can provide you with information about further action and appeals procedures.
- Collect the evidence. Gathering evidence to support the legitimacy of your intention to cross the border is an important step. This may include copies of documents, certificates, medical reports, etc.
- Collaborate with legal professionals. A law firm can provide you with professional support and advice on appealing a border crossing refusal.
Help from our law firm
Our law firm “Prykhodko and Partners” has experience in solving similar situations and is ready to provide you with comprehensive support in the procedure of appealing a refusal to cross the border. We understand how important it is for you to overcome this hurdle and complete your journey stress-free and hassle-free. Remember that you have certain rights – we will help protect them.
If you are faced with a refusal to cross the border and wish to receive qualified legal assistance, do not hesitate to contact our company.
Our professional lawyers are ready to help you solve this problem and ensure that your rights are protected. Do not hesitate to contact us for more information and advice.
For a consultation or calculation of the price of appealing a refusal to cross the border – fill out the form below.