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19.01.2022

The Supreme Court published an overview of the judicial practice of the Supreme Administrative Court of the Supreme Court in cases concerning the detention of foreigners, stateless persons, forced return, deportation and readmission

We suggest that you familiarize yourself with the review of the judicial practice of the Administrative Court of Cassation as part of the Supreme Court, which presents decisions in cases concerning the detention of foreigners or stateless persons, forced return, deportation and readmission (decisions for January 2018 – October 2021).

It outlines a number of important legal positions of the Supreme Administrative Court, formulated during the consideration of this category of administrative cases.
In particular, legal positions regarding:
● reasons for detention for the purpose of identification;
● legal consequences of non-compliance with the deadlines for applying to the court with a claim for extension of the detention period;
● reasons for extending the term of detention in accordance with the provisions of Art. 289 CAS of Ukraine;
● application of a measure in the form of a pledge in accordance with Art. 289 CAS of Ukraine;
● grounds for stay at the point of temporary stay of foreigners and stateless persons who are illegally staying in Ukraine, while the application for recognition as a refugee or a person in need of additional protection is considered.
Also, in cases of forced return, expulsion and transfer from Ukraine or acceptance of a foreigner or stateless person to Ukraine (readmission), conclusions are, in particular, about:
  • banning the application of the forced deportation procedure to a person who applied for recognition as a refugee or a person in need of additional protection;
  • conditions of application of the readmission procedure;
  • grounds for forced deportation and refusal of forced deportation;
  • requirements for a court decision on forced deportation;
  • the grounds for recognizing the illegality of the decision on forced return from the territory of Ukraine.
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