Who Decides the Expulsion Issue
Before appealing an expulsion it is essential to understand who decides it and on which grounds. Under Article 52 of the Law on the Legal Status of Aliens, where the grounds are entry without a lawful basis or the disappearance of a lawful basis for stay, decisions on expulsion are taken by the authorised organ of the Ministry of Internal Affairs; on the remaining grounds — security, protection of health, systematic violation of legislation, forged documents, sentences — the decision is taken by a court.
The basis for initiating a court case is a submission of the authorised organ of the Ministry of Internal Affairs. State institutions are obliged to provide that organ with all information at their disposal on the existence of a ground for expulsion — the case is thus built by the state with its full arsenal, and the defence must work at the same level.
The Examination Period and the Form of the Decision
Article 53 of the law determines the manner of adopting the decision. The authorised organ of the Ministry of Internal Affairs examines the expulsion issue within 10 working days of discovering the ground and adopts one of three decisions: on expulsion, on refusal to expel, or on postponement of expulsion. The court adopts its decision in the manner prescribed by Georgian legislation.
The deciding organ is obliged to present a reasoned decision to the alien to be expelled. In adopting the decision it takes into account the duration of the alien's lawful residence and his personal, social, economic and other ties with Georgia; the principle of family unity and the consequences expected for the family or other persons permanently living with the alien; and the alien's socio-economic and other ties with the receiving state. These three factors are the main argumentative pillars of the defence.
Each of the three decision variants — expulsion, refusal, postponement — also has its own place in defence tactics: refusal ends the matter completely, while postponement buys time and at the same time leaves the question open. Where the organ chooses postponement, the defence must know that the ground for expulsion has not been satisfied but merely deferred — and that difference becomes the foundation of the argumentation at the next stage.
Service via the Website — Counting the Deadlines
Article 56-1 of the law regulates communication with the alien: a notification or decision is placed on the website of the Ministry of Internal Affairs and is deemed served from the day following its placement. The alien is obliged to keep the username and password transmitted to him, to apply immediately for their restoration if lost, and, upon receipt of a short text notification, to familiarise himself with the document.
Where the alien leaves Georgia during the examination period, the decision is sent to the e-mail address indicated by him and enters into force on the 15th day from its placement on the website. An alien held in a temporary placement centre is served personally. Missing deadlines is thus a systemic risk — the appeal period starts from the fiction of service.
The Ultimate Limit Available on Appeal
The ultimate mainstay of the defence is Article 61 of the law — the impermissibility of expulsion: an alien under the guardianship or curatorship of a citizen; a suspected victim of trafficking during the reflection period; a victim of violence against women or domestic violence until the conclusion of proceedings or during stay in a shelter; and a person with a suspended sentence or non-custodial sentence, except where a court has decided on expulsion. These categories may be expelled only where the interests of state security or public order suffer particular damage.
The impermissibility norms operate as a barrier-type rule: a person belonging to a listed category may be expelled only if the state proves particular damage. This means that the burden of proof shifts to the responding organ, and for the defence this is the firmest position — documentary establishment of the category suffices to move the case onto the ground of proving the damage.
The appeal position is built precisely on these two levels: procedural defects — deadlines, service, reasoning — and substantive arguments — ties, family, the norms of impermissibility.
Frequently Asked Questions
Below we answer the questions most frequently raised about appealing expulsion.
Who decides on expulsion?
The MIA organ — in cases of absence of a lawful basis; the court — in all other cases, on the MIA's submission.
Within how many days does the MIA organ decide?
Within 10 working days of discovering the ground — on expulsion, refusal or postponement.
How is the decision served?
By placement on the website — deemed served from the following day; personally for a person held in a centre.
When does the decision take effect for a person who has left?
On the 15th day from placement on the website, if the alien left the country during the examination.
What factors does the organ consider?
The duration of residence and ties with Georgia, family unity, and ties with the receiving state.
How We Help on Legal.ge
The Legal.ge team builds the complete appeal position: procedural review of the decision, restoration of service deadlines and substantive argumentation — from ties to the norms of impermissibility.
Contact us on Legal.ge — the appeal deadlines are short and procedural details play the decisive role.