Residence permit refused: appeal or reapply: what to do under Georgian law

What to do

1. Deadlines: a decision of the Public Service Development Agency on a residence permit may be appealed to court within 1 month of familiarisation with it (Rules on Issuing Residence Permits in Georgia, Art. 17). The alternative is an administrative complaint, also within one month (General Administrative Code of Georgia, Art. 180). A repeat application on the same ground may be filed no earlier than 1 month after the refusal (Law on the Legal Status of Aliens and Stateless Persons, Art. 19). Count from the official familiarisation with the decision.
2. Stay during a dispute: neither a complaint nor a lawsuit extends the lawful stay period or grants the right to live and work. The refusal takes nothing away, so there is nothing to suspend. One may remain only under a deferral of departure: during court proceedings, a deferral of departure may be requested if the person’s presence is essential (Law on the Legal Status of Aliens and Stateless Persons, Art. 48). The application for such a deferral must be filed 14 calendar days before the end of lawful stay (Art. 48). Appealing a refusal does not stop consideration of expulsion or its enforcement (Art. 18).
3. Grounds: check the text of the decision. The grounds include: the requirements for the type of residence permit are not met, the basis has lapsed, false information or documents, a criminal record, or a threat to security (Law on the Legal Status of Aliens and Stateless Persons, Art. 18). Another ground is a refusal based on an opinion of the competent authority that residence is inadvisable for security reasons (Art. 18). A discretionary refusal must state all material facts (General Administrative Code of Georgia, Art. 53). A bare reference to a legal norm is grounds for annulment.
4. Choosing a path: if the shortfall is in documents or requirements and can be fixed, reapply with a corrected package once the one-month period has passed. A dispute over facts, security or the lack of justification goes to court. In court, one may request an order obliging the issuance of a residence permit (Administrative Procedure Code of Georgia, Art. 23). Information about a security threat is provided without disclosing state secrets (Law on the Legal Status of Aliens and Stateless Persons, Art. 18). An administrative complaint is reviewed by the body that issued the act (General Administrative Code of Georgia, Art. 178).
5. Where to apply: Public Service Development Agency (administrative complaint, reapplication); district (city) court, administrative chamber.
6. Evidence: the decision with the date of service, the submitted package, proof that the requirements are met, a certificate of no criminal record.
7. Traps: waiting for a reply to a complaint and forgetting that the lawful stay period is expiring; reapplying with the same package without fixing the reason for the refusal; believing that a lawsuit “suspends the refusal” and grants the right to stay and work.

Be sure to check

• grounds for refusal and the requirement of a written justification
• deadline for a court appeal and the option of an administrative complaint
• reapplication on the same ground and when it is more advantageous
• lawfulness of stay during the dispute and the risk of expulsion