Success Case – Victory through court against deportation order (Expuls) of foreign citizen for legal stay in Albania

Through professional representation of lawyer Kastriot Frashëri, an important decision was reached in the administrative court in protection of the rights of a foreign citizen living and investing in Albania.

Our client, A. R, an Italian citizen and active entrepreneur in Albania since 2016, faced quite unexpectedly after several years of stay in our country the issuance of an arbitrary administrative decision, through which the Local Directorate of Border and Migration Tirana refused renewal of his residence permit and issued a removal order (Deportation/Expuls) from Albanian territory with an entry ban until the year 2026.

This decision was taken without any legally reasoned motive, despite Mr. R. being self-employed, paying taxes and insurances in Albania, running two legal businesses and having created an integrated family in the country. After refusal of the administrative complaint, the lawyer took over judicial protection of the client, building a full legal strategy that included analysis of every administrative act, presentation of new evidence and evidencing procedural violations committed by the authorities.

At the conclusion of the process, the Administrative Court of First Instance Tirana accepted fully our requests and repealed all administrative acts issued by the public body against the client.

After reviewing the acts, the Court decided:

• Repeal of administrative act “Refusal/Revocation of Residence Permit”, dated 23.02.2021, of the Local Directorate of Border and Migration Tirana, as an unfounded act;
• Repeal of administrative act “Removal Order”, dated 23.02.2021, of the Local Directorate of Border and Migration Tirana, as an unfounded act;
• Obligation of the defendant party to equip the plaintiff A. R with a residence permit, in accordance with the application made;
• Based on article 41 of law no. 49/2012, the Court decision is an executive title, enforceable by judicial bailiff and must be executed immediately upon taking final form;
• Court expenses incurred during the trial are charged to the defendant party.

This case constitutes a clear example of the effectiveness of legal protection and the decisive role a lawyer plays in guaranteeing the rights of foreigners against unjust decisions of public bodies.

Thanks to professional intervention, dedication and deep knowledge of immigration practice by lawyer Mr. Kastriot Frashëri and Frashëri Law Firm — honored with several global awards as Lawyer of the Year and Firm of the Year — our client won not only the right to stay and work in Albania, but also trust in justice and the legal security our country offers.