Appealing a visa or residence permit denial in court is the final and most effective legal lever when administrative appeal resources are exhausted or when the administrative body (e.g., Ministry of Justice) has rejected the complaint. Refusals of immigration visas (Category D) or residence permits are often based on general and vague formulations, such as "threatens state security" (Article 18) or "purpose not confirmed." The court is the only body authorized to order the administrative agency to reconsider the matter or directly issue an act granting residency. This process requires professional court representation, as the subject of the dispute often involves classified information or complex legal interpretations.
This service covers full litigation for visa and residency disputes. The service includes: preparing and filing a lawsuit with the Administrative Chamber of the Tbilisi City Court; motioning for interim measures (to maintain the person's legal status until the dispute concludes); defending the client's interests at court hearings; accessing the State Security Service's classified conclusion (via a lawyer with special clearance, if possible); and, if necessary, appealing the case to the Appellate and Supreme Courts. Lawyers also work on gathering evidence proving the client's bona fides and ties to Georgia.
In real life, litigation is often the only way to restore justice. For example, a businessman who held residence for 5 years was suddenly denied renewal based on an SSS conclusion. An administrative complaint proved fruitless. In court, the lawyer demanded justification, and it turned out the refusal was based on outdated or erroneous information. The court annulled the refusal and ordered the Agency to reconsider. Another scenario: a spouse was denied a visa because the consul deemed the marriage fictitious. Family photos and witness testimonies presented in court confirmed the validity of the marriage.
The legal framework relies on the Administrative Procedure Code of Georgia. According to the law, a lawsuit must be filed within 1 month of receiving the response to the administrative complaint. The court checks whether the administrative body violated the law when making the decision or used discretionary power improperly. The court's decision is binding on the administrative body.
The process begins after the administrative appeal stage concludes. The lawyer prepares the lawsuit and evidence. The court schedules preparatory and main hearings. If the case involves state security, the process may be closed or partially classified. In case of a positive decision, the Agency is obliged to reconsider the application taking into account the court's instructions.
Legal.ge is your partner in legal battles. We cooperate with lawyers who have a successful track record in immigration disputes against state structures. When all doors close, the court remains open. Use this chance with the help of Legal.ge.
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