APPEAL AGAINST THE REFUSAL OF THE STATE MIGRATION SERVICE IN COURT ✅ MIGRATION ✅ SERVICES

The client and the lawyer sign the contract and agree on a plan of further actions. The lawyer orally advises the client on the prospect of appealing the decisions of the Migration Service in court.

As a result of this step the client receives the contract text.

Familiarity with the documents available and visual evaluation of the documents at the client, directly with the relevant decision of the Migration Service and provided that the period after receiving the refusal does not exceed the permitted, Counsel shall determine the grounds for judicial appeal against the decision of the TCU. If the service cannot be provided, the lawyer provides a legal conclusion that there is no basis for the claim.

As a result of this step the client receives a legal conclusion.

The lawyer makes a statement of claim to appeal the decisions of the Migration Service. Within this stage, the lawyer performs the following actions:

1. Analysis of existing national and international legislation;

2. Analysis of the current jurisprudence of district courts, appeal courts and the Supreme Court;

3. Describes the evidence and arguments of the client from the point of view of law;

4. Forms the application form;

5. Forms annexes and certifies them in accordance with existing legislation;

The result of this phase is the text of the statement of claim.

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Challenging the decisions of the State Internal Revenue Service in court

The State Migration Service of Ukraine is the main authority that ensures the functioning of state policy on all issues related to migration, obtaining citizenship, refugee status and other possible areas. It is an executive body and is directly coordinated by the Cabinet of Ministers of Ukraine due to the position of the Minister of Internal Affairs.

So if you have faced injustice in this area, you can challenge the decision of the DMS in court.

The activities of the State Migration Service of Ukraine are aimed at:

The DMS is directly responsible for immigration and emigration. And also for supporting the state policy on obtaining citizenship, registration of natural persons, refugee status.

If you received a negative decision of the State Administrative Court on these issues, it is possible to appeal it together with a lawyer.

Also, the LMS may be responsible for introducing innovations and proposals regarding the topics of their jurisdiction, which have been described above. The Minister is considering such proposals.

General provisions on appealing decisions of the State Administrative Court

Unfortunately, you can't always expect a favorable result when applying to the Social Security Administration. Sometimes the refusal will be justified, sometimes the authorities may have missed some details and nuances, thus violating your legal right to a positive decision.

Appealing the decisions of the State Administrative Court can waste a lot of your nerves, resources and time. Therefore, to file an appeal, we recommend working with a lawyer specializing in migration issues from the beginning who will help you go through this process quickly and painlessly.

In general, if it so happened that your appeal was rejected or refused, then you can appeal the decision of the DMS in two ways:

● Administratively, by applying to the State Migration Service.

● Through the court.

If the administrative appeal was unsuccessful and the appeal was not approved, it may be subject to a further court appeal. The court will review the final decision that was made on the administrative appeal.

How to appeal the decision of the DMS?

As mentioned above, there are two options for the development of events: administrative and judicial process. Let's consider the appeal of the decision of the DMS in more detail.

1. Appealing the decision to the State Migration Service will take place according to the following scenario:

You have one month after receiving the refusal to appeal the decision to the State Migration Service and not to go to court. The complaint must contain a description of the points and circumstances with which the person who received the refusal does not agree. To appeal the decision of the DMS, you need to provide evidence that substantiates your disagreement with these points. The State Authority will then review your complaint and respond. This can be a way of pre-trial settlement. But if this method did not bring results, then you need to contact a lawyer and file a complaint with the court.

2. Appealing the decision of the DMS in court:

We advise you to use this method when all possibilities of administrative settlement of the problem are impossible. Our migration lawyer specializing in this matter will help you file an appeal against the decision of the State Migration Service. Such a lawsuit is filed at the place of territorial authority to the district administrative court. It should contain all the evidence and claims, a human rights defender will help to prepare them correctly.

Assistance of a lawyer on migration issues in appealing decisions of the State Administrative Court

When we talk about the participation of a lawyer in appealing decisions, we are talking about full assistance in drawing up and submitting a complaint, preparing the evidence base, and support at every stage. The lawyer will be there both at the initial consultation and in the courtroom.

Challenging the decision of the DMS with a lawyer will help to consider in detail the reasons for the refusal and choose the option of actions and arguments that will suit your situation.

Oral consultation and documentation analysis regarding the appeal of the decision of the State Administrative Court

After contacting us, you conclude a contract that allows our lawyer to represent your interests in full. Our migration lawyer will provide you with a first-rate oral consultation, where the client's wishes and scenarios for further cooperation will be worked out. The lawyer will also review all the submitted documents and provide conclusions.

Writing an appeal against the decision of the DMS

A lawyer writes a statement of claim to challenge the decisions of the Migration Service. As part of this stage, the lawyer performs the following actions:

1. Analysis of current national and international legislation;

2. Analysis of current judicial practice of district, appeals courts and the Supreme Court;

3. Describes the client's evidence and arguments from the point of view of law;

4. Forms the preliminary part of the statement of claim;

5. Forms applications and certifies them in accordance with current legislation.

Obtaining a court decision on appeal of the decision of the DMS

The lawyer supervises the legal process and represents the client's interests in the district administrative court. After that, he waits for the decision and all the necessary documents.