How to appeal a refusal to obtain a residence permit in Georgia

Technical errors include incomplete or incorrectly formatted document packages, as well as administrative oversights. Often, such errors can be corrected by submitting additional applications with documentation amendments.

Refusals based on Article 18 of the Law "On the Legal Status of Foreigners and Stateless Persons" (hereinafter referred to as the Law), concerning national security, are significantly more serious. They indicate possible threats from the applicant, making the appeals process more complex and requiring thorough preparation and argumentation.

Let's clarify immediately— we will never know the exact reasons for the refusal. The conclusion of the Georgian Security Service, which serves as the basis for refusal under Article 18 of the Law, is classified as "secret." The lawyer's status does not allow access to it in the case, and it is not evaluated in the court decision.

Filing the lawsuit and paying the fee. It is necessary to prepare the evidence base, draft and submit the statement of claim to the Tbilisi City Court, and pay the state fee.

First instance. The case is usually heard in one or two sessions, with the possibility of fully or partially satisfying the demands.

Appeal and cassation. In the event of an unfavorable decision, it can be appealed by one of the parties to higher instances, which requires additional time and financial costs.

Within 14 days from the moment of receiving the court decision in writing, the Agency may appeal such a decision. In this case, we continue to defend our position further.

If the decision is not appealed within 14 days, the court returns the case to the Agency. Within 30 days, the Agency reconsiders the residence permit application. No fee is required. The Agency may request additional documents (rarely). Following the review, the Agency is obliged to make a decision to approve the residence permit.

Within 14 days from the moment of receiving the written court decision, the Agency may appeal such a decision in appellate court. In this case, we continue to defend our position further.

If the decision is not appealed within 14 days, the court returns the case to the Agency. Within 30 days, the Agency reconsiders the residence permit application. No fee is required. The Agency may request additional documents (rarely). Following the review, the Agency may make one of the following decisions:

• Approve the residence permit.
• Refuse the residence permit again.

What's next?

Within 1 month, we file a new lawsuit in court demanding that a decision be made instead of the Agency, as the Agency does not make a decision and issues a refusal on the same grounds that the court deemed unjustified.

Within 14 days from the moment of receiving the written court decision, appeal it to the appellate court. The court fee is 150 lari, and the case review period is from 2 to 5 months. Engage in the fight - go all the way.