Administrative Review (administrative complaint) is the first and often most effective step to change an unfavorable decision made by a state body. This procedure involves reviewing the decision within the same or a superior administrative body without going to court. In an immigration context, this often concerns decisions by the Public Service Development Agency, the Ministry of Internal Affairs, or the Revenue Service. Administrative appeal is faster and less expensive than litigation and often allows for the correction of technical errors or factual inaccuracies that formed the basis of the refusal.
This service covers the full cycle of administrative proceedings. The service includes: legal analysis of the negative decision; developing an appeal strategy; preparing and submitting a substantiated administrative complaint to the relevant agency (e.g., Ministry of Justice); gathering and submitting additional evidence; and representing the client during an oral hearing (if scheduled). Lawyers ensure that the complaint meets the requirements of the General Administrative Code and focuses on the legal flaws that led to the initial decision.
In real life, administrative review is effective when an obvious mistake has been made. For example, the Agency denied residency on the grounds that proof of income was not submitted, when in reality the document was uploaded but the system failed to recognize it. An administrative complaint easily corrects this technical glitch. Another scenario: a border guard denied entry for a formal reason. An appeal to the superior body (MIA) can prove that the border guard misinterpreted the law. A third case: a fine for visa overstay when the overstay was caused by force majeure (illness). The complaint allows submitting medical certificates and cancelling the fine.
The legal framework relies on the General Administrative Code of Georgia (Chapter XIII). The law establishes that an administrative complaint must be submitted to the decision-making body (if it has a superior) or directly to the superior body within 1 month of the act's publication. The superior body is obliged to review the complaint within 1 month. This process does not automatically suspend the act in all cases, so a lawyer's consultation is necessary.
The process begins with receiving the decision. The lawyer checks if the appeal deadline is met. A complaint is prepared, stating why the decision is illegal or unsubstantiated. The complaint is submitted to the chancellery. As a result of the review, the body makes a new decision: upholds, modifies, or annuls the old one. If the result is negative, the next step is court.
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