Appealing the decision on refusal to grant refugee status

The issue of granting refugee status in Ukraine is one of the pressing topics on which people turn to the Prikhodko & Partners law office. Migration law is the focus of our law firm’s practice, therefore we provide high-quality consulting services and legal support in cooperation with the State Migration Service. We can also represent your interests in court. So, let’s consider in more detail how you can appeal the refusal of the State Migration Service to assign the status of a refugee or a person in need of additional protection.

Ways to appeal?

The appeal procedure can proceed as follows:

1. administrative;
2. judicial.

As for the administrative method, the opportunity to use it is very limited in time. The applicant is given a 5-day period from the date of receipt of notification of the decision. If the applicant submits a complaint to the State Migration Service, then representatives of this government body register it. This is followed by an extension of the validity period of the certificate for applying for protection in Ukraine.

The State Migration Service issues a certificate that is valid for 3 months. During the period of consideration of the complaint, the certificate is extended for another 3 months. The basis for such an extension is a copy of your complaint against the decision of the territorial unit of the State Migration Service with documents confirming the sending of the said complaint.

Now let’s move on to the judicial method of appealing the decisions of the territorial divisions of the State Migration Service. This legal instrument can be used independently of an administrative appeal. The procedure takes place within the framework of administrative proceedings, as well as the consideration of any other cases where the defendant is a government body.

If a person chooses the option of appealing in court, then representatives of the State Migration Service are also obliged to extend the validity period of the certificate for applying for protection in Ukraine. You should provide the State Migration Service with a copy of the statement of claim, which bears a mark (stamp) of acceptance. A copy of the court ruling on opening proceedings in the case may also be an acceptable document. Another option is a properly executed subpoena. As in the case of an administrative appeal, the validity of the certificate is extended by 3 months.

As already noted, administrative and judicial methods of appeal exist independently of each other. If the administrative procedure failed to achieve the desired result, the final decision made on the administrative complaint is subject to appeal. The appeal period begins on the date of receipt of such final decision or notice thereof.

What decisions of the State Migration Service can be appealed?

There are 3 types of decisions of the State Migration Service, which are made at different stages of the procedure for recognition as a refugee or a person in need of additional protection. They are as follows:

• decision to accept or refuse an application;
• decision on the execution of documents or refusal to do so;
• decision to recognize a refugee or refuse to grant a person such status.

Appealing each of these decisions has its own characteristics. Therefore, it would be advisable to contact competent lawyers who will provide advice and support in such matters. You will meet such experts in the team of the Prikhodko & Partners law firm.

What services do our specialists provide?

Lawyers at the Prikhodko & Partners law office provide 3 categories of services in this matter. Among them:

• Consulting. You don’t have to search for the information you need on your own and think about how to adapt complex rules of immigration legislation specifically to your situation. Qualified specialists will give all the necessary answers.
• Legal support. In this context, we make every effort to simplify your interaction with the State Migration Service in all processes where your personal presence is not necessary.
• Representation of interests in court. If you need to defend your rights and legitimate interests by appealing the decisions of the State Migration Service, we will be happy to help you with this by carrying out representative work.

The team of the Prikhodko & Partners law office works for results and knows how to help its clients in a truly high-quality manner and as efficiently as possible. So get in touch!