- General description
- Lifting a ban on entry into the Russian Federation
- Setting aside a deportation order
Migrants – citizens of other states who, for one reason or another, have to live and work in Russia – are among the most vulnerable groups in our society. Decisions taken by state authorities in respect of migrants are the most contentious and unfair, which is precisely why the National Expert and Legal Centre (Natsionalny Ekspertno-Yuridichesky Tsentr) has set up a special department for the protection of migrants' rights.
Lifting a ban on entry into the Russian Federation
A ban on entry into the Russian Federation is a decision of an authorised Russian body refusing a foreign national permission to enter Russia because of violations of the law committed during his or her stay. The list of offences for which a decision to ban entry may be taken is clearly set out in Russian legislation, yet a huge number of such bans are imposed on foreign nationals in gross breach of procedural law and are liable to be set aside.
The procedure for lifting a ban on entry into the Russian Federation is as follows:
- Legal analysis of the situation – our company's lawyers will review the client's situation and develop a legal position to secure a guaranteed positive outcome of the case.
- Collection of the necessary information and documents - – a set of measures for gathering evidence, including requests to authorised organisations and to state authorities in order to obtain written evidence that the client does not have.
- Pre-trial dispute resolution – the so-called administrative appeal procedure, i.e. a complaint to the higher authority of the body that took the decision to ban entry.
- Court proceedings - representation of the client's interests in court, carrying out the full range of actions aimed at achieving a guaranteed positive result: drafting procedural documents, filing the necessary motions and involving the necessary persons in the hearing of the case.
Setting aside a deportation order
Deportation is the compulsory administrative expulsion of a foreign national from Russia, followed by a ban on entry for at least 5 years. A decision on the forced or self-executed expulsion of a foreign national may only be taken by a court. However, because it is much harder for foreign nationals to prove their innocence in court, such cases are heard rather formally and, naturally, not in favour of the person facing administrative penalty. Moreover, most often, once such charges are brought against foreign nationals, they are detained and taken directly to court, so there is practically no time to involve a qualified attorney in the case.
A court order deporting a foreign national from the territory of the Russian Federation is set aside as follows: