Migration Disputes in Georgia: Entry Refusal, Visa Refusal, Residence Permit Refusal and Expulsion

In this article we look at four key categories:
1.   refusal of entry to Georgia;
2.   refusal to issue a Georgian visa;
3.   refusal to issue or extend a residence permit;
4.   expulsion of a foreigner from Georgia.

These categories are connected, but legally they are different procedures.

Entry refusal is a decision made at the border. The person has already arrived in Georgia, but the authorised body of the Ministry of Internal Affairs (MIA) does not allow them to cross the border.

Visa refusal is a refusal to grant a foreigner a visa basis for entry, stay or transit.
Residence permit refusal is a refusal to grant a foreigner a more stable right of residence in Georgia.

Expulsion is a measure that ends a foreigner’s stay in Georgia and removes them from the country, either voluntarily or by force.

The main feature of migration disputes is that they are almost always urgent. Deadlines are short, documents are often issued in Georgian, and an appeal does not always automatically protect a foreigner from expulsion.

From 1 July 2026, the procedural rules for a number of migration disputes change.
Before the amendments, many such cases are heard under the general rules of administrative court procedure. Depending on the category of the case, this may include an administrative complaint, a court claim, an appeal and, in certain cases, a cassation appeal.

After the amendments to the Administrative Procedure Code of Georgia, a special
Chapter VII35 is introduced. It establishes a special procedure for disputes concerning:
1.   refusal to issue a Georgian visa;
2.   refusal of entry to Georgia;
3.   decisions of the Public Service Development Agency taken on the basis of the
Law of Georgia “On the Legal Status of Aliens and Stateless Persons”.

It is this third category that will cover, in particular, disputes over refusal to issue or extend a residence permit, where the decision is taken by the Agency on the basis of the migration law.

Key changes after 1 July 2026:
1.   the claim is filed directly with the Tbilisi City Court;
2.   the deadline for filing the claim is 10 calendar days;
3.   the first instance hears the case within 2 months;
4.   an appeal is filed within 10 days of the decision being served;
5.   the appeal is heard within 1 month;
6.   the decision of the Tbilisi Court of Appeal becomes final;
7.   cassation to the Supreme Court is excluded;
8.   the appeal is, as a rule, heard without an oral hearing;
9.   if the case is based on a negative opinion of the State Security Service of Georgia, the court may hear it without an oral hearing;
10.  the non-appearance of the parties will not prevent the case from being heard.

The overall logic of the amendments is to speed up migration disputes and reduce the procedural burden on the courts. For foreigners this means a stricter defence regime: less time, fewer court stages and greater importance of the first written position.

What an entry refusal is
An entry refusal is a decision taken when crossing the state border of Georgia.
Even if a foreigner does not need a visa, this does not mean an automatic right of entry. Under Article 10 of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”, certain foreigners are exempt from the obligation to obtain a short-term visa for entry and stay in Georgia. However, this exemption does not cancel border control.

Under Article 12 of the same Law, to enter Georgia a foreigner undergoes a check at the border crossing point. Based on the results of the check, the authorised body of the Georgian MIA either consents to entry or refuses entry and returns the foreigner to the point of departure.

Who takes the decision
The decision to refuse entry is taken by the authorised body of the Ministry of Internal Affairs of Georgia carrying out the check at the border crossing point.

This is not a consular procedure and not a procedure of the Public Service Development Agency. The decision is taken directly at the moment of the border check, so a foreigner often has no time to properly present additional documents or explanations.

Grounds for refusal of entry
The grounds for refusal of entry are set out in Article 11 of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”. The same article also sets out the grounds for refusing a Georgian visa.

Under Article 11, a foreigner may be refused entry to Georgia if:
1.   they do not have the documents required to enter Georgia;
2.   they are banned from entering Georgia;
3.   they have not paid a fine for illegal stay in Georgia;
4.   they have not paid another fine imposed under Georgian law;
5.   they submitted incomplete or false data or documents;
6.   they do not have medical insurance where it is required;
7.   they do not have sufficient funds to stay in Georgia and return to the country of departure;
8.   their stay may pose a threat to the state security or public order of Georgia;
9.   their stay may pose a threat to the health, rights or legitimate interests of Georgian citizens or other persons in Georgia;
10.  their stay in Georgia is unacceptable for foreign policy reasons;
11.  there is a reasonable doubt that they will remain in Georgia illegally after the permitted period ends;
12.   they do not provide information about their identity or the purpose of the trip;
13.  they provide false information about their identity or the purpose of the trip;
14.  there are other grounds provided for by Georgian law.

In practice, the most difficult cases are refusals on grounds of security, public order, migration risk or foreign policy reasons.

Under Article 11(3) of the Law, if the refusal is linked to an entry ban, a threat to security or public order, or foreign policy grounds, the opinion on the inexpediency of issuing a visa or of entry to Georgia is not subject to detailed reasoning. That is why in such cases the decision often looks formal and does not disclose all of the state’s motives.

What happens after an entry refusal
Under Article 11(4) of the Law, if a foreigner is refused entry following a check at the border crossing point, they must return to the point of departure.

If immediate departure is impossible for legal or factual reasons, Article 11(5) applies: the foreigner is temporarily placed under supervision in a specially designated area of the border control zone until their return is arranged.

How an entry refusal is appealed now
Until the special amendments take effect, an entry refusal is appealed under the current administrative and court procedure.

The general right of appeal is set out in Article 3 of the Law: a foreigner who has been refused a visa or permission to cross the state border may appeal such a decision under the procedure established by Georgian law.

Depending on the content of the decision and the applicable procedure, the defence may include:
1.   an administrative complaint to the authorised body;
2.   a court claim to annul the individual administrative-legal act;
3.   where necessary, a claim to compel the administrative body to act or to issue a new act.

Under the general rules of the Administrative Procedure Code of Georgia, an individual administrative-legal act is challenged through a claim for annulment or for a declaration that the act is invalid. If the dispute concerns not only the annulment of the refusal but also the body’s obligation to take a new decision, a claim to compel the administrative body to issue an administrative act may apply.

The main practical problem with the current regime is the absence of a separate detailed court procedure specifically for entry refusals. That is why in such cases it is especially important to correctly establish:
1.   the date the decision was received;
2.   the body that took the decision;
3.   the deadline for the administrative complaint or court application;
4.   whether there is evidence of the purpose of the trip;
5.   whether there is an entry ban or an unpaid fine;
6.   whether a repeat entry attempt could lead to a new refusal.

How it will be after 1 July 2026
After 1 July 2026, disputes over entry refusals will be heard under the special Chapter VII35 of the Administrative Procedure Code of Georgia.

The main rules:

If the entry refusal is based on a negative opinion of the State Security Service of Georgia, the court will be able to hear the case without an oral hearing, unless it considers that the factual or legal complexity of the case requires an oral hearing.

Practical takeaway on entry refusals
An entry refusal must be appealed quickly. In such cases it is not enough to say “I had no violations”. You need to show:
1.   a lawful purpose of the trip;
2.   a place to stay;
3.   financial means;
4.   a return ticket or another departure plan;
5.   the absence of migration risk;
6.   the absence of an entry ban;
7.   the absence of unpaid fines;
8.   the lawfulness of previous stays in Georgia;
9.   personal, business, family or property ties with Georgia;
10. the disproportionality of the refusal.

After the amendments, a weak initial claim will be harder to fix, because the appeal will become the last instance.

What a visa refusal is
Under Article 2 of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”, a visa is an established permit that, in the absence of grounds for refusal of entry, confirms a foreigner’s right to enter and/or stay in Georgia or to transit through its territory.

Visas may be short-term or long-term. The visa categories are listed in Article 7 of the Law.

For migration purposes, long-term category D visas are especially important:
1.   D1 - for work or business activity;
2.   D2 - for scientific, sporting, cultural, educational, journalistic or other professional activity;
3.   D3 - for study or research;
4.   D4 - for family reunification;
5.   D5 - for property owners;
6.   after the amendments - D6 for minor students and their family members in the cases provided for by law.

Who takes the visa decisionThe procedure for issuing a Georgian visa is governed by Articles 6 and 8 of the Law, as well as by the Procedure for Issuing, Extending and Terminating Georgian Visas.

Under Article 6 of the Law, a Georgian visa is issued by the Ministry of Foreign Affairs of Georgia and by Georgian diplomatic missions and consular offices abroad. In exceptional cases defined by a resolution of the Government of Georgia, a visa may be issued at the state border.

Also under Article 6, the Ministry of Foreign Affairs of Georgia issues an immigration visa to a foreigner who is in Georgia on a lawful basis, if the application is filed within the set period before the end of the lawful stay.

Grounds for a visa refusal
The grounds for a visa refusal are set out in Article 11 of the Law and further specified in Article 28 of the Procedure for Issuing, Extending and Terminating Georgian Visas.

A refusal is possible if:
1.   the applicant does not have the documents required to enter Georgia;
2.   the applicant is banned from entering Georgia;
3.   the applicant has not paid a fine for illegal stay or another fine;
4.   the applicant submitted incomplete, false or inaccurate data, information or documents;
5.   the documents were submitted improperly;
6.   the applicant does not have travel/medical insurance or sufficient funds to live in Georgia and return;
7.   the applicant’s stay may pose a threat to the state security or public order of Georgia;
8.   the applicant’s stay may pose a threat to the health, rights or legitimate interests of Georgian citizens or other persons;
9.   the applicant’s stay is unacceptable for foreign policy reasons;
10. there is a reasonable suspicion that after the visa expires the applicant will remain in Georgia without lawful grounds;
11. the applicant may breach the conditions for issuing the relevant visa category;
12. the applicant refuses to provide information about their identity or the purpose of the trip, or provides false information;
13. the purpose for which the visa was to be issued has ceased to exist or cannot be proven;
14. the applicant does not meet other legal requirements.

When a refusal may be unreasoned and non-appealable
This is one of the most important blocks.

Under Article 11(3) of the Law, the opinion on the inexpediency of issuing a visa or of entry to Georgia is not subject to detailed reasoning if the refusal is linked to the grounds provided for in subparagraphs b, e or f of Article 11(1), namely:
1.   an entry ban or an unpaid fine;
2.   a threat to state security, public order, health, or the rights or legitimate interests of persons;
3.   foreign policy reasons.

In addition, under Article 11(3.1) of the Law, a decision to refuse a visa on these grounds is not subject to appeal. Also, under Article 11(3.2), a refusal of a C5 visa on grounds of Georgia’s immigration policy is not subject to appeal.

This does not mean that every visa refusal is non-appealable. But if the refusal is based precisely on these special grounds, the possibilities for defence are significantly limited.

How a visa refusal is appealed now
The procedure for appealing a visa refusal is established by Article 38 of the Procedure for Issuing, Extending and Terminating Georgian Visas.

At present, a special administrative complaint applies.

Under Article 38:
1.   a decision to refuse to issue, extend or terminate a visa may be appealed, unless the law excludes appeal;
2.   a decision of the Ministry of Foreign Affairs or a diplomatic mission is appealed to the Ministry of Foreign Affairs;
3.   a decision of the authorised MIA body to refuse a visa at the border or to terminate a visa issued at the border is appealed to the MIA;
4.   the complaint is filed within 10 working days from the day the person entitled to complain learned of the relevant decision;
5.   the complaint and attached documents are filed in Georgian;
6.   documents in a foreign language are filed with a duly certified translation into Georgian;
7.   the complaint is considered without an oral hearing;
8.   the time for considering the complaint is 1 month;
9.   the time may be extended to a maximum of 2 months;
10. a rejection of the complaint may be appealed to the general courts of Georgia within 1 month after the applicant learned of the decision or after the review period expires.

A complaint may be filed by:
1.   an adult applicant with legal capacity;
2.   a parent or other legal representative of a minor;
3.   a representative of the applicant under a duly certified power of attorney.

In practical terms, this means that at present the key deadline for visa refusals is 10 working days for an administrative complaint.

How it will be after 1 July 2026
After 1 July 2026, disputes over the refusal to issue a Georgian visa will be heard under the special Chapter VII35 of the Administrative Procedure Code of Georgia.

The main rules:

It is important to distinguish: at present the key deadline for the administrative complaint against a visa refusal is 10 working days; after the amendments, under the new court procedure, the key deadline for going to court is 10 calendar days.

Practical takeaway on visa refusals
A visa dispute is won not with general statements but with documents.

You need to confirm:
1.   the correct visa category;
2.   the purpose of the trip;
3.   the grounds for a D visa;
4.   financial means;
5.   the lawfulness of the previous stay;
6.   the absence of unpaid fines;
7.   the absence of migration risk;
8.   the authenticity of the documents;
9.   the reality of the study, work, business, property or family tie;
10. the disproportionality of the refusal.

If the refusal is linked to security or the SSSG, you need to work separately on the proportionality argument: even if the state has broad discretion, it must assess the applicant’s individual circumstances.

What a residence permit refusal is
A residence permit is a more stable migration basis than a visa or visa-free stay.
Under Article 15 of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”, Georgia provides for different types of residence permit, including work, study, family, former Georgian citizen, stateless person, special, permanent, investment, short-term and other types provided for by law.

A residence permit refusal means that the Public Service Development Agency does not recognise the existence of grounds for issuing or extending the residence permit.

Who reviews the application
Applications to issue and extend a residence permit are reviewed by the Public Service Development Agency.

Under Article 14 of the Law, an application for a residence permit is filed by a foreigner who is in Georgia on a lawful basis, if they meet the requirements of the relevant type of residence permit.

Documents are usually submitted through:
1.   a House of Justice;
2.   a territorial office of the Agency;
3.   electronic services, where the specific procedure allows.

The Agency takes the final decision but may obtain information from other state bodies, including the MIA and the State Security Service.

Under Article 14 of the Law, the Agency has the right to verify the information stated in the documents, including by visiting the specified place, inspecting the place and interviewing the relevant persons.

Grounds for a residence permit refusal
The grounds for refusing a residence permit are set out in Article 18 of the Law.

Under Article 18, a foreigner may be refused a residence permit if:
1.   there is a decision of the authorised body on the inexpediency of their residence in Georgia from the standpoint of state or public security;
2.   the ground on which they request the right of residence has ceased to exist;
3.   their activity poses a danger to state or public security;
4.   they have committed a crime against peace and humanity;
5.   they are wanted;
6.   they have an unexpunged or outstanding conviction for a crime committed within the last 5 years;
7.   criminal prosecution against them is ongoing;
8.   they have an infectious or other disease that may pose a threat to the population of Georgia;
9.   they submitted forged or invalid documents;
10. they provided incorrect information;
11. they concealed material information;
12. the requirements of Article 15 of the Law for the specific type of residence permit are not met.

After the amendments, the state and public security block in Article 18 is spelled out in more detail.
Threats to state or public security may include, in particular, information about a person’s connection with:
1.   the armed forces of a state or an organisation hostile to the defence and security of Georgia;
2.   the intelligence services of another state;
3.   terrorist or extremist organisations;
4.   illegal drug trafficking;
5.   illegal arms trafficking;
6.   weapons of mass destruction or their components;
7.   human trafficking;
8.   other criminal, including transnational, organisations.

Under Article 18 of the Law, information on circumstances related to a threat to security or public order may be provided to the body reviewing the case in a way that does not harm the interests of state security or public order. This explains why an applicant does not always see the entire body of information on which the refusal is based.

In addition, under Article 18, a residence permit is not issued to a foreigner in respect of whom expulsion proceedings have begun or an expulsion decision has already been taken, including where that decision has been appealed to court.

How a residence permit refusal is appealed now
A decision to refuse a residence permit is an individual administrative-legal act. It can therefore be challenged under the rules of administrative court procedure.

Depending on the procedural structure, the applicant may seek:
1.   annulment of the Agency’s decision as an unlawful individual administrative-legal act;
2.   a declaration that the decision is invalid;
3.   to compel the Agency to review the application again;
4.   in certain cases, to compel the issuance of a new administrative act, where there are legal grounds for this.

As a rule, the court does not “issue a residence permit” instead of the Agency. If the refusal is found unlawful, the court usually annuls the decision and obliges the Agency to review the application again in light of the court’s legal assessment.

Does appealing a residence permit refusal suspend expulsion
No, not always.

Under Article 18 of the Law, appealing the Agency’s decision to refuse a residence permit does not prevent proceedings for the expulsion of the foreigner and/or the enforcement of an expulsion decision.

This is one of the main practical risks.

You cannot rely on the logic: “I appealed the residence permit refusal, so I cannot be expelled.”
If a foreigner’s lawful stay has expired and there is no other basis to be in Georgia, you need to assess separately:
1.   whether there is a risk of illegal stay;
2.   whether there is a risk of expulsion;
3.   whether a new application can be filed;
4.   whether a visa can be obtained;
5.   whether a deferral of expulsion can be requested;
6.   whether there are grounds for international protection;
7.   whether the court should be asked to suspend enforcement.

How it will be after 1 July 2026
After 1 July 2026, disputes over Agency decisions taken on the basis of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons” will be heard under the new Chapter VII35 of the Administrative Procedure Code of Georgia.

This will also apply to refusals to issue or extend a residence permit.

The main rules:

Practical takeaway on residence permit refusals
For residence permit disputes, the evidence base is especially important.

You need to prepare:
1.   the basis for the specific type of residence permit;
2.   documents on lawful stay;
3.   documents on income;
4.   contracts;
5.   tax documents;
6.   bank documents;
7.   confirmation of the reality of the work or business activity;
8.   property documents;
9.   family documents;
10. confirmation of study;
11. an explanation for every potential doubt of the Agency;
12. evidence of the absence of false information.

After the amendments, 10 calendar days is the period in which you must not only write the claim but also gather the evidence. That is why in residence permit cases it is better to prepare the evidence base even before receiving the decision, if there is a risk of refusal.

What expulsion is
Under Article 2 of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”, expulsion is an action of an authorised state body whereby, on the grounds provided for by law, a foreigner or a stateless person is expelled from Georgia against their will.

The legal grounds for expulsion are set out in Article 50 of the Law. Under Article 50, the grounds for expulsion are the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”, the international treaties of Georgia, the Code of Administrative Offences of Georgia and other relevant regulations.

Grounds for expulsion
The specific grounds for expulsion are listed in Article 51 of the Law.

A foreigner may be expelled from Georgia if:
1.   they entered Georgia illegally;
2.   they have no lawful grounds for further stay;
3.   there are sufficient grounds to believe that they may pose a threat to the state security, public security or public order of Georgia;
4.   their expulsion is necessary to protect the health, rights and legitimate interests of Georgian citizens or other persons lawfully in Georgia;
5.   they regularly breach Georgian law;
6.   they obtained the right of entry or stay on the basis of forged or invalid documents;
7.   they are serving a sentence in a Georgian penitentiary institution - after serving the sentence or release;
8.   they have been given a non-custodial sentence;
9.   they have been given a suspended sentence - until the end of the probation period.

Article 51 also provides that expulsion proceedings are suspended if extradition proceedings are underway against the foreigner and/or criminal prosecution has begun in Georgia.

The foreigner’s duty to cooperate with the MIA
After the amendments, Article 51.1 of the Law is of particular importance; it establishes the foreigner’s duty to cooperate with the authorised MIA body during expulsion proceedings.

A foreigner must, in particular:
1.   provide oral and/or written information and explanations;
2.   provide evidence, documents and information in their possession;
3.   cooperate in obtaining the documents needed for expulsion;
4.   assist in establishing and verifying identity;
5.   report a mobile phone number, email address and actual place of residence, if any;
6.   notify the MIA in writing within 3 working days of any change in contact information or legal or citizenship status;
7.   comply with the obligations set in connection with voluntary departure;
8.   leave Georgia within the period set for voluntary departure;
9.   undergo photographing and fingerprinting.

Failure to comply with these duties may affect the assessment of the risk of absconding and the application of stricter measures.

Who takes the expulsion decision
The competence of the MIA and the court is delimited in Article 52 of the Law.

Under Article 52:
1.   the authorised MIA body takes the expulsion decision on the grounds provided for in subparagraphs a and b of Article 51(1), that is, illegal entry or the absence of lawful grounds for further stay;
2.   the court takes the expulsion decision on the grounds provided for in subparagraphs c–h of Article 51(1), that is, on more serious grounds related to security, public order, forged documents, regular violations or penal situations;
3.   the basis for court review is a motion of the authorised MIA body.

How an expulsion decision is taken
The procedure for taking the decision is set out in Article 53 of the Law.

Under Article 53, the authorised MIA body reviews the question of expulsion within 10 working days after a ground for expulsion is identified and takes one of the following decisions:
1.   to expel the foreigner from Georgia;
2.   to refuse expulsion;
3.   to defer expulsion.
When taking the decision, individual circumstances must be taken into account, including:
1.   the length of the foreigner’s lawful residence in Georgia;
2.   their personal, social, economic and other ties with Georgia;
3.   the principle of family unity;
4.   the consequences for the family;
5.   the foreigner’s ties with the receiving country.

This is important to use in a court position: expulsion must not be automatic. The body is obliged to assess individual circumstances and the proportionality of the measure.

Voluntary departure
Voluntary departure is governed by Article 54 of the Law.

Under Article 54, a foreigner in respect of whom the question of expulsion is being considered may, at their request and taking account of the circumstances of the case, be granted a reasonable period for voluntary departure - from 7 to 30 calendar days.

During this period the foreigner must leave Georgia independently, without expense to the state budget.

For the voluntary departure period, additional obligations may be imposed, for example:
1.   to report to the authorised MIA body or a territorial police body no more than twice a week;
2.   to pay a deposit of at least GEL 3,000;
3.   to surrender the travel document;
4.   not to change the address of residence or contact details without notifying the MIA;
5.   to report any absence from the place of residence of more than 2 days;
6.   to attend the MIA for consultations or to clarify the circumstances of enforcing the decision.

The voluntary departure period may not be granted, or may be set at less than 7 days, if there is a risk of absconding, a security threat, a refusal to cooperate, the submission of false information or other grounds provided for in Article 54.

Deferral of expulsion
Deferral of expulsion is governed by Article 55 of the Law.
Under Article 55, expulsion may be deferred for up to 30 days if:
1.   there are force majeure circumstances;
2.   the foreigner’s physical or mental health has deteriorated;
3.   the person has a disability and is left without an escort;
4.   the foreigner is pregnant and further travel is dangerous to health;
5.   the receiving country delays issuing the documents needed for expulsion;
6.   there is a risk that a minor will be left without an escort or that their education will be interrupted.
If the relevant circumstances persist, the deferral may be extended only once for a further 30 days.

Appealing an expulsion decision
The procedure for appealing a decision on expulsion, refusal of expulsion or deferral of expulsion is set out in Article 56 of the Law.

Under Article 56, a reasoned decision on expulsion, refusal of expulsion or deferral of expulsion may be appealed to court within 10 days after it is served on the foreigner.

At the same time, exercising the right of appeal is not in itself a ground for issuing a residence permit or for deferring the obligation to leave Georgia.

In addition, Article 56 expressly states that in a court dispute related to expulsion, withdrawing the claim or complaint, appealing a court ruling and/or reapplying to the court do not prevent expulsion proceedings and/or the enforcement of the expulsion decision.

This is a key practical risk: in expulsion cases it is often not enough simply to file a complaint. You need to assess separately the question of suspending enforcement, deferring expulsion, international protection or other protective mechanisms.

Service of MIA decisions and notifications
Article 56.1 of the Law establishes a special procedure for communicating with the foreigner and serving MIA decisions.

Under this rule, communication with the foreigner may be carried out by posting a notification or decision on the MIA website. The notification or decision is deemed served on the day after it is posted on the website.

Information about the posting of a notification or decision is sent to the foreigner as an SMS in a language they understand, as far as can reasonably be assumed.

The foreigner must:
1.   keep the login and password provided to them;
2.   contact the MIA immediately to restore access if it is lost;
3.   review the notification or decision on the website after receiving the SMS.

If the foreigner is placed in a temporary accommodation centre, the notification or decision is served on them personally against signature. If they refuse to sign, the document is deemed served.

Prohibition of expulsion
Prohibition of expulsion is governed by Article 61 of the Law.

Certain categories of foreigners cannot be expelled from Georgia, except where they pose a threat to state security or public order. Such categories include, in particular:
1.   foreigners under the guardianship or care of a Georgian citizen;
2.   persons presumed to be victims of human trafficking, during the reflection period;
3.   persons for whom there are other special grounds for protection provided for by law.

In addition, expulsion must take into account Georgia’s international obligations and the principle of non-refoulement, if returning the foreigner may create a risk of persecution, torture, inhuman or degrading treatment or another serious risk.

Re-entry ban
The re-entry ban after expulsion is governed by Article 63 of the Law.

Under Article 63, an expelled foreigner may be deprived of the right of re-entry to Georgia for a period of 2 to 5 years. The specific period is set by the body taking the expulsion decision.

The re-entry ban does not apply to foreigners who voluntarily left Georgia under Article 54, but this rule does not apply to expulsions on the grounds provided for in subparagraphs c–h of Article 51(1). Also, on the grounds of illegal entry or the absence of lawful stay, the body may impose an entry ban even if the person left voluntarily.

Placement in a temporary accommodation centre
The grounds for detaining a foreigner and placing them in a temporary accommodation centre are governed by Article 64 of the Law.

Under Article 64, a foreigner may be detained and placed in a temporary accommodation centre if:
1.   their identity cannot be established;
2.   there is a risk that they will abscond;
3.   they failed to comply with alternative measures set by a judge;
4.   there are sufficient grounds to believe that they may pose a threat to state security, public security or public order;
5.   it is necessary to enforce the expulsion decision;
6.   it is necessary to ensure their appearance in court;
7.   they do not cooperate with the MIA;
8.   they do not have the documents needed for return, or such documents cannot be obtained in time;
9.   they refuse to cooperate in the procedures for obtaining documents;
10. there are other grounds provided for in Article 64.

Under Article 64, a detained foreigner must be brought before a court no later than 48 hours after detention. The court must decide on placement in a temporary accommodation centre within the next 24 hours. If the court does not take such a decision, the foreigner must be released.

A foreigner may be placed in a temporary accommodation centre for up to 3 months. On appropriate grounds, the period may be extended by a further 6 months, but the total period in the centre must not exceed 9 months.

Alternatives to placement in a temporary accommodation centre are provided for in Article 65 of the Law. In an expulsion dispute it is important to prove separately why placement in a centre is not necessary and why an alternative measure is sufficient.

How it will be after 1 July 2026
After 1 July 2026, procedures related to expulsion become faster and more formalised.

Key changes:
1.   a number of issues will be heard without an oral hearing;
2.   the non-appearance of the parties will not prevent the hearing;
3.   issues of temporary accommodation and extension of accommodation will be heard on an expedited basis;
4.   issues of deferral of expulsion will also be heard faster;
5.   certain court acts will be final;
6.   posting court documents on the MIA website may be deemed service;
7.   an appeal, reapplication or withdrawal of a complaint will not always prevent the enforcement of expulsion.

Practical takeaway on expulsion
In an expulsion case it is important to act not only along the line of “challenge the decision” but also along the line of “stop enforcement”.

You need to assess separately:
1.   whether a deferral of expulsion can be requested;
2.   whether there are grounds for international protection;
3.   whether there is a risk of breaching the principle of non-refoulement;
4.   whether an alternative measure can be applied instead of a temporary accommodation centre;
5.   whether the absence of a risk of absconding can be proven;
6.   whether family, social or economic ties with Georgia can be confirmed;
7.   whether the expulsion is disproportionate.

After 1 July 2026, a special procedure is introduced for key migration disputes in the new Chapter VII35 of the Administrative Procedure Code of Georgia.

It concerns:
1.   refusal to issue a Georgian visa;
2.   refusal of entry to Georgia;
3.   decisions of the Public Service Development Agency under the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”.

Summary table:

The main change: after the amendments, the first instance and the appeal become effectively the only stages of court defence.

Court costs are determined by the Law of Georgia “On State Fees”.

Under Article 4 of the Law of Georgia “On State Fees”, for non-property disputes the state fee is usually:

After the amendments, for the categories where cassation is excluded, the cassation fee effectively does not arise.

But this does not necessarily make the dispute simpler or cheaper. The cost of a mistake rises: if the position is prepared weakly in the first instance and the appeal, there will be nowhere left to fix it.

In an entry refusal dispute
You need to prove:
1.   the purpose of the trip;
2.   the route;
3.   the place of stay;
4.   financial means;
5.   a return ticket or a clear departure plan;
6.   the absence of an entry ban;
7.   the absence of unpaid fines;
8.   the lawfulness of previous visits;
9.   the absence of an intention to stay in Georgia illegally;
10.  the disproportionality of the refusal.

In a visa refusal dispute
You need to prove:
1.   compliance with the claimed visa category;
2.   the reality of the ground;
3.   the authenticity of the documents;
4.   financial solvency;
5.   the existence of an invitation, where required;
6.   the reality of the study, work, business, family or property;
7.   the absence of migration risk;
8.   the absence of a security threat;
9.   compliance with previous migration rules;
10. errors or incompleteness in the body’s assessment.

In a residence permit refusal dispute
You need to prove:
1.   the existence of a ground for the specific type of residence permit;
2.   lawful stay at the time of filing;
3.   sufficient income;
4.   the reality of the work or business activity;
5.   the lawfulness and authenticity of the documents;
6.   the absence of concealed information;
7.   the absence of a security threat;
8.   the existence of ties with Georgia;
9.   the disproportionality of the refusal;
10. the need to review the application again.

In an expulsion case
You need to prove:
1.   the existence of a lawful basis for stay;
2.   the absence of a ground for expulsion;
3.   the disproportionality of the expulsion;
4.   family ties in Georgia;
5.   social and economic ties;
6.   the absence of a risk of absconding;
7.   the possibility of voluntary departure;
8.   the possibility of an alternative measure instead of a temporary accommodation centre;
9.   the risk of breaching the principle of non-refoulement;
grounds for deferring expulsion.

If you have been refused entry, a visa or a residence permit, or expulsion proceedings have started, it is important to immediately:
1.   keep the decision or notification;
2.   record the date of receipt;
3.   photograph or scan all documents;
4.   check which body took the decision;
5.   check the appeal deadline;
6.   check whether the deadline is in working or calendar days;
7.   translate the decision if it is in Georgian;
8.   check for any fines;
9.   check for an entry ban;
10. collect documents on the purpose of the stay;
11. prepare evidence of ties with Georgia;
12. assess the risk of expulsion;
13. separately consider the question of suspending enforcement;
14. not wait for the appeal, but prepare a strong position already in the first instance.

After 1 July 2026, the 10-calendar-day deadline will be especially important. This is a short period in which you must not only decide to appeal but also prepare the evidence, the translation of documents and the legal position.

The amendments from 1 July 2026 significantly change the rules for migration disputes in Georgia.
Where previously many issues could be handled under the general administrative process, a special expedited procedure is now introduced for entry refusals, visa refusals and Agency decisions under the migration law.

The main changes:
1.   10 calendar days to apply to court;
2.   the Tbilisi City Court as the first instance;
3.   2 months to hear the case in the first instance;
4.   10 days for the appeal;
5.   1 month to hear the appeal;
6.   the appeal becomes final;
7.   cassation is excluded;
8.   many issues may be heard without an oral hearing;
9.   the non-appearance of the parties will not prevent the hearing;
10. an appeal will not always suspend expulsion.

The main practical takeaway: after 1 July 2026, a migration dispute must be prepared quickly and to a high standard from the outset.

In such cases you cannot count on being able to substantially rework your position in cassation. There will be no cassation for the new special categories. That is why the claim, the evidence, the translation of documents, the legal argument and the question of suspending enforcement must all be thought through at the first stage.