Deportation of Foreign Nationals in Ukraine: Grounds, Procedure, and How to Appeal a Decision
Violating the rules governing stay in Ukraine can lead to serious legal consequences for foreigners, one of which is deportation. However, it is important to understand that the law provides for a clear procedure for applying such measures and also guarantees the right to appeal them. In most cases, deportation is imposed after violations of …
Violating the rules governing stay in Ukraine can lead to serious legal consequences for foreigners, one of which is deportation. However, it is important to understand that the law provides for a clear procedure for applying such measures and also guarantees the right to appeal them.
In most cases, deportation is imposed after violations of immigration law have been established. At the same time, each case has its own particularities, and decisions by state authorities can be reviewed and appealed in accordance with the procedure established by law.
The main regulatory act governing these issues is the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” No. 3773-VI
It is this law that defines the procedure for the entry of foreigners into Ukraine, their stay on the territory of the state, as well as the grounds for forced return or expulsion.
What Is Deportation: Forced Return and Expulsion
In everyday language, the term “deportation” is often used as a general term for any form of forced removal from a country. However, Ukrainian law distinguishes between two different procedures:
- Forced return
Pursuant to Article 26 of the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons,” a foreign national may be forcibly returned from the territory of Ukraine in the event of a violation of the rules of stay or other legal requirements.
In such cases, the competent authority issues a decision to that effect and sets a deadline for the foreign national to leave Ukraine voluntarily. This deadline is typically up to 30 days.
- Forced expulsion
A more stringent procedure is forced expulsion, as provided for in Article 30 of the same law.
This measure is applied in cases where a foreign national:
- has failed to comply with the decision on forced return;
- is evading departure from Ukraine;
- there is a risk that he may go into hiding.
It is important to note that forced deportation is carried out solely on the basis of a decision by an administrative court.
Main grounds for deportation
The law provides for a number of grounds on which a foreign national may be required to leave Ukraine.
The most common of these are:
- exceeding the permitted period of stay in Ukraine;
- staying in the country without valid documents;
- illegally crossing the state border;
- violating immigration laws;
- committing administrative or criminal offenses;
- actions that pose a threat to national security or public order.
In some cases, a decision to deport an individual may be accompanied by a ban on re-entry into Ukraine for a specified period.
Which authorities can initiate deportation
Several government agencies are responsible for enforcing immigration laws. These agencies have the authority to initiate forced return proceedings or file a petition with the court for deportation.
These agencies include:
- State Migration Service of Ukraine
- State Border Guard Service of Ukraine
- Security Service of Ukraine
These authorities have the authority to verify the legality of foreigners’ stay and to take action in response to any violations detected.
How to Appeal a Deportation Order
A decision on forced return or deportation is not final. A foreign national has the right to appeal it.
There are two main ways to protect your rights.
- Administrative appeal
This involves filing a complaint with a higher government authority.
- Legal appeal
A decision by a government agency may be appealed to an administrative court.
During the court proceedings, the following is examined:
- the existence of legal grounds for deportation;
- compliance with procedures;
- the absence of human rights violations.
If the court finds a violation, the decision on forced return or expulsion may be revoked.
Legal assistance in deportation cases
Cases involving the deportation of foreign nationals often require a detailed analysis of immigration law and judicial precedent. In many instances, adopting the correct legal position allows for the challenge of unlawful decisions or a significant mitigation of their consequences.
If you need legal assistance with deportation or immigration law, please contact the attorneys at the Strategic Advocacy Law Firm. We will be happy to help you understand your situation and find the best legal solution.
