Migrant Rights

I have been served an expulsion decision — how long do I have to appeal, and will an appeal stop my removal?

expulsiondeportationappealvoluntary-departureinternational-protectiondetentionforeigners-rights

In short: you have 10 days to appeal, and the clock may start earlier than you think. An appeal does not stop expulsion. What actually helps are other tools — and you need to invoke them in time.

Who decides

  • The MIA — where the ground is "illegal entry" or "no legal grounds for further stay" (Article 51(1)(a), (b) of the Law on the Legal Status of Aliens and Stateless Persons). It considers the matter within 10 working days of detecting the ground (Article 53(2)) and interviews you, notifying the date 2 working days in advance (Article 53(5)).
  • A court on the MIA's petition — on the other grounds, including, since 1 September 2026, working without the right to work (Article 51(1)(i), Article 52(1)–(2), per the Georgian text).

An MIA decision is served in Georgian with a translation into a language you understand; it briefly states the grounds and how to appeal (Article 53(3)).

The trap: when the 10 days start

An MIA decision may be appealed to a court within 10 days of service (Article 56(1)). But "service" does not necessarily mean paper in your hand:

  • the MIA posts the decision on its website and sends you a text message. The decision is deemed served on the day after posting (Article 56¹(1)) — even if you have not opened it;
  • you must keep the username and password you were given and, if you lose them, apply to the MIA at once to restore access (Article 56¹);
  • if you are in a temporary accommodation centre, the decision is handed to you against signature; refusing to sign does not prevent service;
  • if you left Georgia during the proceedings, the decision is sent to your e-mail and posted on the website; it takes effect on the 15th day after posting (Article 56¹(4)).

In practice: do not change the phone number you gave in the proceedings, read every text from the MIA, and count the 10 days from the day after posting — not from the day you read the decision.

Will an appeal stop expulsion? No

  • Filing an appeal gives no residence permit and does not defer the obligation to leave (Article 56(2)).
  • Withdrawing a claim, appealing court rulings or going back to court does not prevent the MIA from enforcing the decision (Article 56(3)).
  • The same applies to a refused right to work: appealing it gives no right to work, does not defer the obligation to leave and does not stop expulsion (Article 13⁵(9) of the Law on Labour Migration).

You appeal to have the decision quashed on the merits, not to buy time. The main argument on the merits: the law requires the decision-maker to consider the length of your lawful stay, your personal, social and economic ties with Georgia, family unity and the impact on your family, and your ties with the receiving country (Article 53(4)). If the decision ignores this, that is an argument for the court.

"Let's start legalising now and close the issue"? It will not work

A popular piece of advice: apply for a residence permit or the right to work quickly, before the decision is enforced. The law works against this:

  • once expulsion proceedings have begun or a decision has been made, the obligation to leave is not deferred — including while a court case is pending (Article 48(7));
  • appealing a right-to-work decision gives no such deferral either (Article 48(8));
  • pending expulsion proceedings are in themselves a ground to refuse the right to work (Government Ordinance No 70, Article 6).

Legalisation works before proceedings start, not after. The only protection of this kind named in the law: while an extension of a Georgian visa is being processed, the ground "no legal grounds for further stay" does not apply to you (Article 51(2)) — but only if you applied in time.

What actually works

1. A voluntary departure period of 7 to 30 days (Article 54(1)). It is granted at your request; at the interview the MIA must explain this right to you in writing and in a language you understand (para. 2). For that period you may be required to report to the police up to twice a week, pay a bail of at least GEL 3,000 or hand over your passport (para. 3).

Why it matters: forced expulsion carries a re-entry ban of 2 to 5 years (Article 63(1)). Voluntary departure as a rule exempts you from the ban (para. 2), with two caveats:

  • for expulsion on grounds (a) or (b), the MIA may still impose a ban (para. 2¹);
  • on the "court" grounds (c)–(i) — including working without the right to work — the exemption does not apply at all (para. 2 as amended from 01.09.2026).

The fine for breaching the rules of stay must be paid in any case; until it is paid, no visa will be issued (Article 63(3)).

2. Deferral of up to 30 days (Article 55): force majeure; deterioration of physical or mental health; disability without a companion; pregnancy where a doctor finds travel dangerous; delay in documents from the receiving country; risk of a minor being left unaccompanied or their education interrupted. If the circumstance persists, it may be deferred once more for 30 days, after which a right of temporary stay with a temporary ID card is possible (Article 60).

3. International protection. When proceedings begin, the MIA must explain in writing your right to seek asylum (Article 52(5)). If you apply within the set period, the expulsion and asylum procedures run as one proceeding, a single act decides both, and the appeal period is 10 calendar days (Article 52¹). While you are an asylum seeker, the time limit for forced enforcement of the expulsion decision is suspended (Article 57(3)).

4. Prohibition of expulsion (Article 61). The following are not expelled: a person under the custody or guardianship of a Georgian citizen; a presumed victim of human trafficking — during the reflection period; a victim of violence against women or domestic violence — until the proceedings end or while staying in a shelter; a person with a conditional or non-custodial sentence, unless there is a court decision on expulsion. The exception to all of these is a threat to state security and public order (para. 2).

5. If you are detained. You must be brought before a court within 48 hours; if the court does not decide on placement in a temporary accommodation centre within the next 24 hours, you are released (Article 64(3)). Placement lasts up to 3 months, extendable to no more than 9 months in total (para. 5). You must be told of your right to a lawyer, to contact relatives and your consulate, to a medical examination and to appeal the detention (para. 7).

If a court made the decision

On the "court" grounds — for example working without the right to work — the decision is made by a court, and the Administrative Procedure Code applies from there. ⚠ Appeal deadlines in these cases are short; check them with a lawyer on the day you receive the decision.

Where to turn

  • Legal Aid Service — 1485. Asylum seekers receive free help regardless of income.
  • Rights Georgia — +995 (32) 299-88-56, hotline +995 (593) 111-405: lawyers for asylum seekers and stateless persons.
  • UNHCR Georgia — +995 (32) 238-62-02, hotline +995 (577) 415-610.
  • Public Defender — 1481, 24/7: procedural violations, detention conditions.
  • A private lawyer — check their licence in the Georgian Bar Association register (gba.ge).

Sources

Related questions