Deportation and Extradition

Contents

Deportation

Forced Return

This is an official decision by state authorities requiring a foreigner to leave Ukraine. It may be applied if the foreigner:

• Violates border crossing rules or is in Ukraine without legal grounds

• Poses a threat to national security or public order

• Poses a threat to the health or rights of Ukrainian citizens

The decision is made by the State Migration Service (SMS), the Security Service of Ukraine (SSU), or the State Border Guard Service of Ukraine (SBGS).

After such a decision, a copy is personally handed to the foreigner, who is required to leave Ukraine on their own within 30 days. If the person was in Ukraine legally, the visa in the passport is canceled, and documents confirming legal stay (residence permit, etc.) are confiscated. A decision may also be made to ban entry to Ukraine for 3 years.

A forced return decision can be appealed in the administrative court of Ukraine (a specialized court that considers disputes between individuals and state authorities). If a foreigner receives such a decision and considers it illegal, it is recommended to contact a lawyer as soon as possible, as the departure period is limited. For consultation and possible legal support regarding appeals, one can contact the free legal aid agency at the contacts provided on this website: https://legalaid.gov.ua/.

Forced Expulsion

Forced expulsion is a decision that requires the foreigner to leave Ukraine on their own but involves the physical removal from the country with state authorities’ involvement.

It may be applied if:

• The foreigner did not comply with a forced return decision within the allotted period

• There are grounds to believe that the foreigner will deliberately avoid compliance with such a decision

• The foreign national was detained while illegally crossing the border

The decision is made by SMS, SSU, or SBGS.

Consequences of a forced expulsion decision include:

• A ban on entry to Ukraine for 5 years

• If the foreigner already has a valid entry ban, the new term is added to the current one

• The foreigner may be placed in a special temporary accommodation facility for foreigners illegally staying in Ukraine for up to 18 months pending further expulsion from Ukraine

To avoid expulsion, it is important not to ignore a forced return decision. If a foreigner receives such a decision, they should contact a lawyer as soon as possible.

When Can a Person Not Be Expelled?

If a foreigner has assisted the Ukrainian army as an instructor or provided aid to the subunits of the Defense Forces of Ukraine, they cannot be forcibly returned to a country that:

• Committed armed aggression against Ukraine

• Does not recognize the territorial integrity or sovereignty of Ukraine

• Voted against the UN Resolution on the Territorial Integrity of Ukraine dated March 27, 2014

Additionally, regardless of circumstances, no foreigner can be forcibly returned, expelled, or extradited to a country where:

• They may be persecuted based on race, religion, nationality, citizenship, membership in a particular social group, or political beliefs

• They face the death penalty, torture, or cruel treatment

• Their life or freedom is threatened by armed conflict, systematic human rights violations, natural or man-made disasters, or lack of necessary medical care

• They may be sent again to one of the above-mentioned countries

These guarantees comply with the international law and the 1951 Convention Relating to the Status of Refugees. If a foreigner believes that returning to a dangerous country threatens them, they should contact a lawyer or a human rights organization.

Extradition

If the foreigner’s country has sent an official request to Ukraine for their extradition, Ukraine may comply provided that:

• The crime for which the foreigner is suspected carries a prison sentence of at least 1 year under Ukrainian law

• Or the foreigner has already been convicted and has at least 4 months of unserved sentence remaining

If you have received an extradition request, you have the right to:

• Know the charges against you and which country is requesting extradition

• Have a lawyer and communicate with them confidentially

• Notify relatives or close persons of your location in case of detention

• Participate in court hearings regarding detention and extradition

• Review or obtain a copy of the extradition request

• Appeal the decision on detention and extradition

• Present your position in court

• At any time before the decision, consent to a simplified extradition procedure

• Use a translator/interpreter and speak in the court in a language you know

Ukraine will not extradite a foreigner to another country if:

• At the time of the decision, you are already a citizen of Ukraine

• The alleged crime does not carry imprisonment under Ukrainian law

• The statute of limitations for the crime has expired

• Extradition contradicts international obligations or Ukraine’s national security interests

• The requesting country did not provide the necessary additional materials

If you have refugee status or are recognized as a person in need of protection in Ukraine, you cannot be extradited to the country you fled from or to any other country where your life, health, or freedom is threatened due to race, religion, nationality, citizenship, membership in a social group, or political beliefs.

In such cases, at the request of a foreign state, the investigation may be conducted directly in Ukraine without extraditing the foreigner.