3-year entry ban and expulsion successfully cancelled in court

On September 2022, attorney Dmytro Chuguienko successfully appealed the decision of the Immigration Service, which placed a ban on entering Ukraine for 3 years and a forced return of a Canadian citizen to his country of origin.

In 2018, a Canadian citizen came to Ukraine at the invitation as a volunteer. He has received a temporary residence permit in Ukraine and has lived in Ukraine for several years (with brief returns to Canada). During this time, he met a Ukrainian woman, whom he later fell in love with.

Every time the permit was expiring, the foreigner renewed it. On December 24, 2021, the validity period of his document was to expire.

On November 22, 2021, the Client started the procedure and applied to the "Doсument" Passport Service with an application to extend the validity of the temporary residence permit. But the Department for Temporary and Permanent Residence of Foreigners and Stateless Persons of the State Immigration Service in the city of Kyiv (hereinafter - the Immigration Service) made a decision to refuse the issue of a new Permit.

The reason for their refusal was an unpaid fine for violating traffic rules.

He found out about this fine from the Department’s decision on November, 30.

The Client was ready to pay the fine the same day he found out about it but to get the exact amount and details, taking into account the quarantine, took almost a week.

December 24, 2021, his permit expired.

By the recommendation of immigration lawyers, the Client waited until January 6 and did not apply in time for the extension of the permit for temporary residence in Ukraine.

The foreigner did not want to leave Ukraine, since his beloved one lives here and his work got better, so he decided to pay the fine for overstaying and resubmit the documents to extend the validity of the Permit.

However, on January 6, 2022 (the same day when the Canadian citizen submitted the documents), the Immigration Service drew up a protocol on an administrative offense for overstay and issued a resolution to impose administrative penalties. It was decided that the foreigner must leave the territory of Ukraine by January 27, 2022, and he is prohibited from entering the territory of Ukraine for a period of three years. Additional to all mentioned, he was not informed about this decision.

On January 11, 2022, the Immigration Service called the foreigner to its agency to collect the documents and pay the fine. All documents were drawn up in Ukrainian. An employee of the Immigration Service marked the places where the foreigner need to sign. The foreigner started a conversation in English, since he does not know Ukrainian, and asked to translate the documents oк to invite the interpreter. The employee could not answer him, as he did not know English, and simply pointed to the marks in the documents, where the signature should be made. The foreigner asked for an interpreter and an attorney to be called for him, but his request was ignored. The employee looked at him and silently pointed to those marks again. The client had to sign the documents and then pay the fine.

The client did not understand what documents he signed, and then again applied for the extension of the TRC. He was declined and informed of his obligation to leave the territory of Ukraine and about a ban on entry for 3 years.

Realizing the situation in which he found himself, the foreigner immediately decided to seek legal help at the "Disputes" Counsels’ Partnership.

He did not want to leave his fiancée and as well, as Ukraine for the next 3 years.

Initiation of judicial appeal and getting a Temporary restriction order to suspend the decision on forced return and a ban on entry for 3 years.

The deadlines were close and only 8 days were left until the day of forced deportation, so the attorney Dmytro Chuguienko immediately started the procedure of appealing the decisions of the Immigration Service.

In 2 days, the lawyer sent a lawsuit to the court. But to stay in Ukraine for a foreigner at least temporarily (for the duration of the court proceedings), solely a lawsuit is not enough. For this purpose, the lawyer submitted to the court an application to issue a TRO or Temporary restriction order.

On January 28, 2022, the judge found the lawsuit admissible and started proceedings in the case.

The judge satisfied the motion for TRO, thereby stopping the Immigration Service's decision on forced return and entry ban for 3 years.

The case was scheduled for hearing, but on February 24, 2022, russia started a war against Ukraine and changed the plans for everyone, as well, as a Canadian citizen who fled to Poland at the beginning of March.

During the first two months of the war in Ukraine, almost no justice was served. But the Ukrainian people could not simply give up, and therefore every Ukrainian made efforts to restore the economy and regular functioning of the country.

Since May, the courts gradually began to resume their work.

Even after the full-scale invasion of russia, the Client wanted to return to Ukraine.

On April 26, 2022, he was refused to cross the border of Ukraine due to an existing ban, which was not removed from the database of the border guard.

He was not allowed in, despite the presentation of the original decision to suspend a ban entry to Ukraine and the attorney's appeal to the Constitution and the supreme legal force of the court's decision, which entered into force. Zero effect.

Operation "Back to Ukraine".

On the same day, an attorney's request was sent to the Administration of the State Border Guard (hereinafter - the Border Guard).

On May 4, 2022, the state authority reported that the Immigration Service did not withdraw the entry ban order.

After this answer, the lawyer submitted a new subpoena to the Immigration Service. In response, the Immigration Service sent a letter to the Border Guard on May 11, 2022, about the execution of the court decision to suspend forced deportation and entry ban.

In order to check whether the Border Guard received and fulfilled the request of the Immigration Service on the execution of the court order, another attorney's request has been sent.

On May 16, 2022, the Border Guard informed the attorney that no letters from the Immigration Service had been received.

After several days of forced waiting, the attorney again sent requests to the Immigration and Border Guard regarding the foreigner's entry.

On May 24, 2022, the Border Guard reported that the Client was allowed to enter Ukraine.

The road to Ukraine became free.

Mid-June, the Canadian citizen returned to Ukraine. The court repeatedly rescheduled and postponed court hearings due, again, to the absence of an interpreter from the Immigration Service.

The attorney and the client agreed on the person of the translator, who coped with the assigned task perfectly.

During the court session, the judge asked why the Client wants to stay in Ukraine so badly because the war broke in and a hard economic situation in the country occurred.

The client replied that he intends to continue volunteering, marry his fiancée and start a brand-new business here.

September 5, 2022, the judge announced a decision declaring the decision of the Immigration Service unlawful and revoked it. So forced return to the country of origin and a 3-year ban on entry were gone.

Thus, with the efforts of the Disputes Counsels’ Partnership team, it became possible to help a Canadian citizen stay together with his beloved and carry out his business for the sake of the economic development of Ukraine.