Defense against removal proceedings (deportation appeal) is one of the most complex and urgent immigration law services in Georgia. This process begins when the Ministry of Internal Affairs or a court decides on the forced expulsion of a foreign citizen. Such a decision may be based on various reasons: violation of the visa regime, posing a threat to public order, or remaining in the country without a residence permit. The deportation process directly deprives a person of the right to free movement and residence, necessitating an immediate and qualified legal response. The right to appeal is guaranteed by Georgian law, but the deadlines are extremely limited, making the involvement of a professional lawyer essential.
This service includes full legal protection during the deportation process. The service covers: appealing the individual administrative-legal act of expulsion in court; filing a motion to suspend the act until the final resolution of the dispute (allowing the person to remain in Georgia temporarily); protecting the rights of a person held in a temporary detention center (migration detention center); and gathering evidence proving that expulsion contradicts international human rights standards (e.g., the principle of family unity or the risk of torture in the home country). Lawyers also work to obtain the right to "voluntary departure," which reduces the risk of future sanctions (entry bans).
In real life, appealing deportation is critical in various situations. For example, a foreign student who inadvertently violated their visa term receives a deportation order. If they do not appeal, they will be banned from entering Georgia for 2 to 5 years, effectively ending their education. A second scenario: a family breadwinner with a Georgian spouse and children is deported due to an administrative order violation. A lawyer can prove that expulsion causes disproportionate harm to the children's interests. A third case: a political refugee denied asylum faces expulsion to a country where their life is in danger (Non-refoulement principle).
The legal framework relies on the "Law on the Legal Status of Aliens and Stateless Persons" and the Administrative Procedure Code of Georgia. The law establishes that an expulsion decision can be appealed in court within 10 days of its delivery. Filing a lawsuit automatically suspends the expulsion process, except in cases where expulsion is based on state security grounds. The court examines whether the expulsion decision is legal and substantiated and whether procedural norms were followed.
The process begins with a request from the client or their family member. The lawyer urgently requests a copy of the expulsion order and reviews the case materials. A lawsuit and evidence (medical certificates, family tie documents) are prepared. The lawyer defends the client's interests at court hearings. If the court annuls the expulsion order, the person gains the right to continue living in Georgia subject to regularizing their legal status.
Legal.ge is your reliable defender in extreme situations. We cooperate with lawyers who have years of experience handling deportation cases and know how to use every legal possibility to protect your rights. Do not give up—appeal the illegal decision with the help of Legal.ge.
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