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.
Whose Expulsion Is Impermissible
Article 61 of the law establishes absolute prohibitions on expulsion. It is impermissible to expel: an alien who is under the guardianship or curatorship of a Georgian citizen; an alien regarding whom there is a reasonable suspicion that he may be a victim of trafficking during the reflection period; an alien who is a victim of violence against women or domestic violence — until the conclusion of the relevant proceedings or during the period of stay in a shelter; and an alien who has a suspended sentence or a non-custodial sentence imposed, except where a court has decided on expulsion.
These categories may nevertheless be expelled only where the interests of protecting state security or public order suffer particular damage — a high threshold that the state must substantiate.
Practical Steps of the Defence
Defence against deportation is built along three directions. First, verification of the ground: each ground listed in Article 51 must be verified at the level of fact, including the restrictions applicable to stateless persons. Second, the request for postponement: the grounds of health, pregnancy, disability, the interests of a minor or delayed documentation buy time and must be invoked under Article 55. Third, the norms of impermissibility: if the person belongs to a category protected by Article 61, expulsion is possible only on substantiation of particular damage.
Each direction requires documentary support — medical conclusions, status records, evidence of family and social ties. It is on these materials that a lawyer builds the defence position.
Frequently Asked Questions
Below we answer the questions most frequently raised about defence against deportation.
For what period can expulsion be postponed?
For up to 30 days; where the circumstance remains unchanged — once, again for 30 days.
Can a victim of trafficking be expelled?
It is impermissible during the reflection period; the only exception is a case of particular damage to state security.
Which health conditions give the right to postponement?
Deterioration of physical or mental health, and pregnancy where a doctor's conclusion states that travel endangers health.
What if the receiving country fails to issue documents?
Delayed documentation is a ground for postponement — but not where the receiving state recognises Georgia's standard travel document.
Does a stateless person have additional protection?
Yes — during status proceedings the grounds of unlawful stay do not apply, and a stateless person with status may be expelled only on the security ground.
How We Help on Legal.ge
The Legal.ge team builds a complete defence position against deportation: verifies the substantiation of the expulsion ground, prepares the request for postponement and applies the norms of impermissibility wherever they touch your situation.
Contact us on Legal.ge for a consultation — in these matters time is a decisive factor.