Appealing the decision of the SMS in court

APPEAL OF THE DECISION OF THE STATE MIGRATION SERVICE OF UKRAINE IN COURT

Migration processes are increasingly continuing in Ukraine, in this sense even during the period of martial law. Foreigners and stateless persons arrive in Ukraine to obtain the legality of stay for more than 90 days, but during the period of processing the relevant documents, many difficulties and problems arise.

WHO MAKES DECISIONS ON IMMIGRATION IN UKRAINE?

The State Migration Service is a central body of executive power that ensures state policy on issues of migration, refugee status, and citizenship of Ukraine. The activity of the DMS is aimed at supporting the state policy in registration for foreigners and stateless persons:

• permission to immigrate to Ukraine
• permanent residence permits
• temporary residence permits
• citizenship of Ukraine
• refugee status

If you have negative decisions regarding the processing of documents from the services of the migration service listed above and you do not agree with them, you can appeal them with the help of a lawyer.

OPTIONS OF APPEAL OF THE DECISION OF THE SMS

Foreigners and stateless persons, unfortunately, very often receive a negative response when issuing the relevant documents. Although when submitting the relevant package of documents, all norms and clauses of the current legislation of Ukraine were observed. Due to internal checks, the state migration service decides not to issue a document to a foreigner or an OBG. In some situations, the refusal is indeed justified, but sometimes representatives of state authorities may miss some details or nuances in the preparation of documents, violating your right to a positive decision.

If such a situation arose, your negative decision can be resolved in two ways:

Administrative - appeal to a higher body of the State Internal Revenue Service
Judicial - apply directly to the court
We recommend that you always start the appeal of the decision with the administrative option, if this appeal did not give a positive result and the appeal was not approved, then you can start the second option - a court appeal of the decision of the DMS.

Important: Immigration denials can only be challenged through a court process.

APPEAL FROM THE DECISION OF THE DMS IN THE COURT PROCEDURE

Appealing the decision of the state migration service in court - this method must be used if the administrative method did not bring the desired positive result for you. The judicial method takes more time to some extent. A lawsuit is filed at the place of territorial authority to the district administrative court. The statement of claim must contain all clarifications, evidence, confirmation of the administrative process (if any), reasonable explanation, documents and claims.

PROCEDURE OF APPEAL OF THE DECISION OF THE DMS IN COURT

The preparation and processing of documents for appealing the decision of the migration service may consist of several stages, which we can provide to you. First, a lawyer's request is made to specify the reason for refusal. Further, with an official response from the migration service, you can choose to submit documents administratively or through the court.

If you do not wish to appeal the decision through the administrative process, or received a negative decision through the administrative process, then we will file a claim with the court to protect your rights and legitimate interests. Lawyers analyze the current national and international legislation, court practice, form the legal part and the relevant evidence base with certification in accordance with the law.

Lawyers of J.O. ENWOLT supervise the legal process, represent interests in the district administrative court. After the completion of the court process, we receive a decision and further resolve the case in the bodies of the migration service on the basis of the court decision.