Refused entry to Georgia at the border: what to do under Georgian law

What to do

1. Classification: a one-off decision of border control, not expulsion. The check at the border crossing is carried out by a Ministry of Internal Affairs body, which either consents to entry or refuses it and sends the person back (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 12). The grounds apply to any foreigner: a residence permit or property does not guarantee entry.
2. Ground on the form: lack of documents required for entry (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 11); an entry ban, or an unpaid fine for unlawful stay (Art. 11); no health insurance or funds for the stay and the return (Art. 11); refusal to answer, or false statements about identity or the purpose of the trip (there is also suspicion of non-departure, and “other cases”) (Art. 11); a threat to security or public order, or foreign-policy inexpediency (Art. 11). For a refusal on the grounds of an entry ban or fine, of security, or of foreign policy, a conclusion of the competent body on inexpediency is required (Art. 11); that conclusion is not reasoned (Art. 11).
3. Deadlines: an administrative complaint must be filed within one month of becoming aware of the decision (GAC, Art. 180); a claim to declare the act void must be filed within 1 month of becoming aware of the act or of the decision on the complaint (APC, Art. 22); a missed deadline is restored if there was a valid reason (GAC, Art. 180).
4. Written act: an oral decision restricting rights must be formalised in writing within 3 days (GAC, Art. 51); a written act must contain its reasoning (GAC, Art. 53). Request the decision and the case materials from the Ministry of Internal Affairs.
5. Complaint to the Ministry of Internal Affairs and/or a claim in court. The foreigner’s lawyer may take part in the proceedings remotely (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 41), so the person can act from abroad. If the ground is a fine, pay it.
6. Re-entry: an entry ban of 2 to 5 years results from expulsion, not from a border refusal (Law of Georgia on the Legal Status of Aliens and Stateless Persons, Art. 63). If the cause is not removed, the outcome will be the same.
7. Where to apply: Ministry of Internal Affairs of Georgia (border control; complaint); district (city) court, administrative panel; consulate.
8. Documents to prepare: the refusal form and tickets; residence permit, property extract, business registration, family in Georgia; insurance, funds, booking; receipts for paid fines.
9. Pitfalls: confusing a border refusal with an entry ban or expulsion; missing the one-month deadline without requesting a written decision; an unpaid fine for overstay is an independent ground for refusal; there is no separate migration service (FMS-type body) in Georgia, and entry refusals are issued by the Ministry of Internal Affairs (border control).

Be sure to check

• grounds for refusal of entry; a residence permit or property does not guarantee entry
• written decision and its reasoning (a security conclusion is not reasoned)
• deadlines: complaint and claim within 1 month
• difference from an entry ban and from expulsion; unpaid fines