An entry ban by the FSB is one of the most complex types of bans. This is due to the severity of the charged act, lack of information and state secrets.
The article will tell you how you can appeal an entry ban by the FSB.
Entry ban from a legal point of view
The FSB, like other authorities, can impose a ban on entry to a foreign citizen. This may be on issues of defense capability, state security and public order, and protection of public health. The ban may be imposed indefinitely.
As we can see, we take this more seriously than ordinary disputes. As a rule, the service has received some data about a foreign citizen that may threaten the security of the country. That is, the authority had a real basis for imposing a ban.
Such cases are related to state secrets. This means that the foreigner will have to sign a confidentiality agreement. Violation of this agreement is criminal liability. But it’s always about assumptions. Otherwise, the person would simply be arrested, if there were no arrest and no criminal case, we are not talking about any evidence.
Real practice and advice from lawyers
The entry ban begins with notification to the foreign national at the border. He receives a paper where they write the authority that imposed the ban and the reason for the ban.
This is at best, sometimes the document can be very simple and not have such information. In this case, you need to find out the authority and the prohibition yourself
This is where the first problem begins. In the usual case, we write a request to the authorities, they give us an answer, and we prepare our legal position.
In our case, if the ban was on issues of state security, the FSB will provide minimal information in its response. A foreigner can only find out the reason for the ban in court. Therefore, a lawyer and a foreigner will not be able to prepare a qualified legal position for the court hearing.
- Ban from the FSB according to paragraph 1. Part 1 Article 27
This ban is connected with some facts that the FSB learned about a foreign citizen that could be dangerous for the state and the population.
In addition, this ban has several other features: state secrets, little information, trial only with a lawyer. Only a lawyer with the status of an attorney can work with state secrets.
The foreigner will need the help of a lawyer in court. Our law firm has lawyers in this specialization who speak English.
A lawyer will help you write a claim to the court, prepare a legal position, and send a lawyer’s request.
The statement of claim is an important part of any legal defense. In it, the lawyer describes the position of the foreigner. The claim must be clear and understandable to the court. Here are the most important details:
- Description of the main facts. What happened, how it happened, what documents were received and collected by foreigners. Everything is clear and detailed
- The connection of the foreign citizen with Russia will also be important fact, this could be relatives, studies, real estate;
- To the legal position we add the norms of international and Russian law. For example, Article 12 of the UN Universal Declaration of Human Rights “No one shall be subjected to arbitrary interference with his private or family life. Everyone has the right to the protection of the law against such interference or attacks.” (The Constitution of the Russian Federation and Federal laws can also be used; a lawyer will help in this matter);
- In the claim, it is important to describe what the foreign citizen requires. The requirement will be to lift the entry ban;
- It will contain all the documents, notification, response to the request, receipt of payment of the state duty.
A lawyer’s request will also help. The authorities are obliged to respond to it.
As real practice shows, the courts in most cases support the position of the FSB and do not lift the ban. In addition, Russia has left the Council of Europe, which means the country does not recognize the decision of the European Court of Human Rights.
However, this does not mean that there is no need to try to appeal the FSB decision. The FSB may also make mistakes. Each situation is individual and requires an assessment by a specialist. We declare with full responsibility that we have lifted such prohibitions.
Action algorithm
Step.1 Notification of entry ban
The foreigner has received a notice of entry ban. It is written on paper that the ban is from the FSB and paragraph 1. Part 1 Article 27.
Step.2 Send a request to the FSB
We need to find out the reason for the ban. To do this, we send a request to the FSB. A lawyer can also do this.
The FSB will repeat in its response that the ban was imposed under paragraph 1. Part 1 Article 27. However, this will be a legal basis for appeal in court.
Step.3 Statement of claim
We file a claim. We draw up a legal position, collect evidence and facts. We wrote above in the article what will be important at this point.
Such legal disputes are considered in the Moscow City Court. This is due to state secrets.
Conclusion
Entry bans from the FSB occur quite often in practice. The conclusion of this article will be this: yes, these are complex cases, there is a little of information and state secrets, and often the court agrees with the position of the FSB.
Nevertheless, it is always worth a try and our lawyers, specialists in migration law with knowledge of a foreign language, can give you legal assistance.