How can you challenge unfair expulsion?
Before expulsion from Latvia, the Office of Citizenship and Migration Affairs or State Border Guard has to issue you with a precept to leave, which may have a deadline for voluntary compliance or be immediately enforceable. That means that it will be either expulsion order or removal order. The precept to leave usually also includes an entry ban for a certain period of time. If you consider that the precept to leave or the entry ban violates your rights, you can submit an appeal to the head of the institution that issued it and after that to the Administrative Court based on the procedure provided for in the Administrative Procedure Law.
important Appealing the precept to leave does not have an automatic suspensive effect on your expulsion. However, you have the option to apply for interim relief to stop your expulsion until the end of the court proceedings, in accordance with the Administrative Procedure Law.
Deadline
According to the Immigration Law, a precept to leave may be contested to the head of the respective institution within seven days after it was announced. The decision of the head of the institution may afterwards be contested in the Administrative Court within seven days of its announcement.
Fees
Appeals submitted to the Administrative Court are subject to a state fee of 30 EUR. Some additional fees may arise in case you want to apply for interim relief or submit a cassation complaint afterwards. However, if you cannot afford to pay these fees, you may request an exemption.
Content of the appeal
The Administrative Procedure Law provides instructions on the content of the appeal and the information to be included. The appeal must be submitted in Latvian. In order to be able to follow the requirements of the appeal procedure, you have the option to apply for free state legal aid. Read about how to apply for state legal aid for your appeal proceedings.
After the judgment
If the appeal is successful, the Administrative Court will annul the precept to leave and/or the entry ban. If the appeal is unsuccessful, you have the option to appeal the judgment of the Administrative Court to the Supreme Court.
After the judgment of the Supreme Court, you may have the option to submit an application to the European Court of Human Rights. For example, if your expulsion would result in a violation of the prohibition of torture. Read more about how to appeal to the European Court of Human Rights.