The Legal Basis of Expulsion
The legal basis for the expulsion of an alien from Georgia is the Law on the Legal Status of Aliens, the international treaties of Georgia, the Code of Administrative Offences of Georgia and other relevant normative acts — this rule is established by Article 50 of the law. The first step of the defence is precisely to understand this framework: expulsion is not an unconditional measure; it arises only where grounds provided by law exist, and the completeness of those grounds rests on the very organ examining the expulsion issue.
In practical terms, this means that the dispute always turns on one question — whether the ground invoked by the state genuinely exists and whether it is properly documented.
Grounds for Expulsion and Their Verification
Article 51 of the law lists the grounds on which an alien may be expelled from Georgia: entry without a lawful basis; the disappearance of a lawful basis for further stay; incompatibility of the stay with state security or public order; the necessity of expulsion to protect the health, rights and lawful interests of citizens and other persons lawfully present; systematic violation of Georgian legislation; obtaining the basis of entry or stay through a forged or legally void document; serving a sentence in a penitentiary institution or having a non-custodial sentence imposed.
The same article contains important restrictions: where administrative proceedings are under way to establish the status of a stateless person, the grounds of unlawful entry and absence of a lawful basis do not apply during those proceedings; and a stateless person with status in Georgia may be expelled only on the security-related ground. Each of these exceptions is a real instrument of defence.
Postponement of Expulsion for up to 30 Days
Under Article 55 of the law, an alien's expulsion from Georgia may be postponed for a period of up to 30 days: in a case of force majeure; on deterioration of his physical or mental health; where he is a person with disabilities and is without supervision; in pregnancy, where according to a doctor's conclusion further travel endangers her health; where the receiving state delays the provision of documentation needed for expulsion; or where there is a risk of a minor being left without supervision or of disruption of his education.
If the relevant circumstance has not changed, expulsion may be postponed once, again for a period of 30 days. The decision on postponement is taken by the same organ that decides on expulsion. Remember also: where the receiving state recognises the standard travel document of Georgia used for expulsion, the ground of delayed documentation no longer entitles the alien to postponement.