Deportation from the Republic of Belarus

Foreigners who violate the rules of stay in the Republic of Belarus, as well as commit administrative offenses, may be subject to deportation or expulsion from the Republic of Belarus.

Deportation and expulsion - the administrative expulsion of a foreign citizen or stateless person outside the Republic of Belarus. They can be either voluntary when a foreigner is given a time limit for collecting things, choosing a way to leave Belarus, or forced when a foreigner is in custody prior to leaving Belarus by transport, which will be provided by the body that made the decision on deportation or expulsion. Expenses related to deportation or expulsion will be recovered from the foreigner or from the person who applied for his staying in Belarus.

Deportation is one of the types of penalties that is used for committing one of the administrative offenses provided for by the Code of Administrative Offenses of the Republic of Belarus (hereinafter - the Code of Administrative Offenses):

• Section 23.29. Administrative Code Illegal Crossing of the State Border of the Republic of Belarus
• Section 23.31. CAO Violation of the regime of the State border of the Republic of Belarus
• Section 23.55. CAO Violation of legislation on the legal status of foreign citizens and stateless persons

Expulsion is used in the framework of the legislation on the legal status of foreign citizens: in the interests of national security of the Republic of Belarus, public order, protection of morality, public health, rights and freedoms of citizens of the Republic of Belarus and other persons.

The expulsion can be applied both in case of committing 5 administrative offenses, and in the case of at least one provided for by the following articles of the Code of Administrative Offenses:

• Article 9.1. Intentional bodily harm and other violent acts or violation of a protective order;
• Article 17.1. Petty hooliganism;
• Article 17.3. Drinking alcoholic, low alcohol drinks or beer, using drugs, or appearing in a public place or at work while intoxicated;
• Section 18.16. Driving a vehicle while intoxicated

In relation to a foreigner to whom deportation or deportation was applied, the issue of the time period for the prohibition of entry into the Republic of Belarus is being decided. If deportation has been applied, the term for the prohibition of entry may be from 6 months to 5 years; if deportation has been applied, from 6 months to 10 years.

The term of the ban is established taking into account the circumstances that served as the basis for a decision on deportation or expulsion, as well as information characterizing the identity of a foreigner and related to his stay in the Republic of Belarus.

The decision of the competent authorities to expel or deport may be appealed. It is important to remember that the time limit for appealing a deportation is only 5 days from the date the decision on deportation is announced. The decision to expel may be appealed against within 1 month from the day the foreigner was introduced to the decision. Filing a complaint is the basis for suspending a decision on deportation or expulsion, i.e. a foreigner has the right to remain in Belarus until a decision is made on a complaint about a decision on deportation or expulsion.

The advocates of our Law Office have extensive positive experience representing clients in matters of appeal against decisions on deportation or expulsion.

The help of our advocates is as follows:

• Providing professional advice on issues related to the application, as well as appealing against deportation or expulsion;
• Correct and competent preparation of a complaint about a decision on deportation or expulsion;
• Appeal against a decision in an administrative case, which served as the basis for a decision on deportation or expulsion;
• Representation of an alien’s interests in citizenship and migration authorities, courts and internal affairs bodies when deciding on deportation or expulsion.