Appeal of the decision on deportation

The most severe punishment for a foreigner is forced deportation. Such a term is correct, since the term “deportation” does not exist in Ukrainian legislation. Territorial bodies of the State Security Service, bodies of the Security Service of Ukraine, as well as the border service are authorized to make a decision on the forced deportation of a person. The mentioned state authorities have the right to make such a decision only on the basis of a court decision (in the framework of administrative proceedings) issued at their request. This decision can be appealed. And here the services of the Prikhodko&Partners law firm will be useful to you.

Our team includes professional experts in migration law who know exactly how to help clients in various situations. Appealing a deportation decision is a frequent request we receive.

What are the grounds for forced deportation of foreigners and stateless persons?

So, among such grounds are the following:

1. non-execution of the decision on forced return within the specified time and without valid reasons;
2. existence of justified consequences to believe that the person will evade the implementation of such a decision;
3. the absence of a person accepted in accordance with the international readmission agreement, legal grounds for staying on the territory of Ukraine (or the absence of a similar agreement between Ukraine and another state);
4. lack of actions regarding the departure of the person in respect of whom the decision on permission to immigrate was canceled.

When the decision to cancel the immigration permit is made, the person must leave within one month from the day of receiving a copy of it. An exception is the situation when a person appeals in court against a decision to cancel an immigration permit. In other cases, forced expulsion may be applied. However, this is not the only sanction. When a foreigner or stateless person is forcibly expelled from Ukraine, further entry into our country is prohibited for 5 years.

How are such cases handled in court?

Administrative cases related to forced deportation are considered by the court with the mandatory participation of the parties. The review must take place within 10 days from the date of filing the claim. As for appeals, a 10-day period is provided for their submission from the day of the announcement.

It is worth knowing that the process of appealing a decision on forced return or forced expulsion does not stop their effect. An exception is a situation when the court, in order to secure an administrative claim, suspends the effect of a decision of a subject of authority with the help of a separate resolution. Such a decision is immediately sent to the subject of authority, which made or initiated the decision. It is mandatory for implementation.

How can we help you?

If you are faced with this problem or any other problem in the field of migration law, the lawyers of the Prikhodko&Partners law office will be happy to help you. Since this area of ​​law is our area of ​​expertise, we will provide you with the following benefits by providing our services:

• work for results;
• the most detailed research of your case before acting;
• using all available legal tools to solve your problem within the legal field.

Our team provides services in several key areas. Let’s dwell on them in more detail.

Consultancy

Turning to a migration lawyer for consultation saves a lot of effort and time, because in such a situation the client does not need to study migration legislation on his own. When there is an issue involving forced removal, it is very important to act quickly. So, in order not to waste precious time on independent study of the legislation and distinguishing the information you need from irrelevant information, a much more effective solution would be to contact a lawyer. So you will orient yourself in the following aspects:

1. prospects for the development of their situation in the legal field;
2. ways of influencing this situation;
3. the correct algorithm of actions.

For those who want to significantly facilitate their life, it is worth considering the following type of services.

Legal support and representation in court

By providing this service, we undertake all actions that do not require your personal presence. Including, we represent your interests in court when you need to challenge the decision on forced deportation.

Considering the fact that our specialists are regularly engaged in the support of such cases, we know how to represent the client’s interests effectively and convey your position convincingly to the court. In very many cases, the deportation decision is subject to a successful appeal. So don’t miss this opportunity if it was taken against you without sufficient justification.

“Prikhodko&Partners” are powerful experts in the field of migration law, as well as in many other areas of jurisprudence. Get in touch, we will make every professional effort to help.