Denial of Deferment: What to Do?
If you were denied a deferment from mobilization, it is important to understand why this happened and what actions to take in order to get a fair decision. The denial may occur due to several reasons, including insufficient documentation or incorrect completion of the application. In case of denial, you should receive a written rejection stating the reasons your request was not accepted. This rejection can be challenged in an administrative court within 6 months from the date of receipt. However, even if you file a lawsuit, the mobilization process will not be stopped until the court makes a decision.
Reasons for Denial of Deferment
The reasons for denial of deferment can vary, and for each case, it is important to understand what exactly was the basis for the decision. Here are a few main reasons why a deferment may be denied:
- Incorrect completion of the application or submission of incomplete data.
- Lack of necessary medical documents or certificates confirming your health status or other circumstances.
- Failure to meet document submission requirements or deadlines.
- Non-compliance with the status of individuals eligible for deferment (e.g., if you are not a combatant or have other restrictions).
Steps for Challenging the Denial
If you were denied a deferment, the next steps involve challenging this denial in court. The court must make a decision within 2 months after the lawsuit is filed. However, mobilization will continue until the court's decision is made. Here’s what you need to do:
- Obtain a written denial with the reasons for rejection.
- File a lawsuit with the administrative court within 6 months from the date of receiving the denial.
- File a motion to secure the lawsuit, to stop the mobilization process until the court decision is made.
- If the denial is deemed unlawful, you will be granted the deferment, and the decision can be appealed in the appellate court.
How Can a Military Lawyer Help?
By consulting an experienced military lawyer, you will receive professional assistance in defending your rights. The lawyer will help you properly prepare the necessary documents for filing the lawsuit and provide advice on the best actions to take in the situation. The support of a lawyer will allow you to quickly address any difficulties and reduce the risks of delays.
Consultation with a Lawyer. An experienced lawyer will help you properly assess the situation and develop a strategy for challenging the denial. They will advise you on how to properly prepare all documents and claims.
Legality Test of the Denial. The lawyer will check whether the denial was lawful and whether any violations occurred during the review of your request.
Document Analysis. The lawyer will review all documents related to your case and provide recommendations for necessary actions to correct mistakes.
If you have any questions or need a consultation, please contact:
- Ukraine: +380735349850
- United Kingdom: +447418377298
- Poland: +48799362716
- USA: +16469348519
Questions and Answers
Question
Can I appeal the denial of deferment?
Answer
Yes, you have the right to appeal the denial in an administrative court within 6 months of receiving it. The court will consider your case and decide on the legality of the denial.
Question
What documents are required to appeal the denial?
Answer
To appeal, you need to file a lawsuit, along with all documents that support your case, including the denial and evidence of no violations on your part.
A denial of deferment is not the end of your fight for justice. Challenging the denial in court gives you a chance to restore your rights. It is important to follow all legal procedures and seek qualified assistance from a military lawyer for a successful outcome.
