Immigration appeals involve challenging a wide range of immigration decisions made by the Public Service Development Agency, the Ministry of Internal Affairs, or consular institutions. This can include refusals of residence permits, visas, citizenship, or termination of status. Often, the basis for refusal is "insufficient documentation," "inconsistency with purpose," or, most problematically, a negative conclusion from the State Security Service (Article 18). An appeal is a legal mechanism that allows an applicant to defend their rights and prove that the administrative body made a mistake or exceeded its authority. This is a complex process requiring deep knowledge of administrative law and the right strategy.
This service covers the preparation and submission of appeals at all instances. The service includes: filing an administrative complaint with a superior administrative body (e.g., appealing an Agency decision to the Ministry of Justice); filing a lawsuit in common courts (City, Appellate, Supreme); requesting and studying case materials; and representing the client at court hearings. Lawyers also work against refusals based on "security grounds" (SSS conclusion), which requires a specific approach and presentation of evidence that the person does not pose a threat to the state.
In real life, appeals decide people's fates. For example, an investor who put $300,000 into Georgia was denied residence for unclear reasons. Through an appeal, a lawyer can prove that the Agency incorrectly assessed the investment or relied on erroneous information. Another scenario: a student was denied a visa because the consulate deemed them not a bona fide student. Additional documents submitted during the appeal (university letter, finances) change the picture. A third case: refusal of family reunification due to suspicion of a fictitious marriage. In court, the lawyer presents evidence of cohabitation (photos, utility bills), refuting the suspicion.
The legal framework relies on the General Administrative Code of Georgia and the Administrative Procedure Code. The law establishes appeal deadlines: administrative complaint — 1 month, court lawsuit — 1 month (less in certain cases). During the appeal process, the burden of proof is often shared: the administrative body must prove the legality of its decision, while the plaintiff must prove the violation of their rights. Appealing decisions made within "discretionary authority" is particularly difficult but possible.
The process begins with analyzing the negative decision. The lawyer assesses the prospects of appeal. If the decision cites a formal defect, an administrative complaint might suffice. If the case involves factual circumstances or security, a lawsuit is prepared for court. The process can last several months, during which the lawyer ensures the maintenance of the client's legal status (e.g., suspending expulsion).
Legal.ge gives you access to top immigration lawyers with a track record of overturning negative decisions. A refusal is not a verdict—it is the beginning of a legal battle. Defend your rights with qualified assistance and achieve justice with Legal.ge.
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