What if Foreigners are Deported in China for Breaking the Law? Can an Administrative Action be Brought?

2020/1/16

Deportation is an administrative penalty imposed by the Chinese government on foreigners. Under what circumstances will foreigners be deported by the Chinese government? There are the following situations: (1) Those who have been deported within a specified period of time and have not left the country within the prescribed time limit; (2) Those who are not allowed to enter the country; (3) Those who illegally reside or gain employment; (4) They need to violate laws and regulations Deportation.

When a foreigner is deported, he may bring an administrative reconsideration, but no administrative suit can be brought. What is administrative reconsideration? Administrative reconsideration means that the punished person applies to the competent department of the government at the next higher level to review the punishment behavior of the original administrative organ. Administrative litigation is the action of the punished person who thinks that the punishment is wrong and brings a lawsuit to the court against the administrative organ that punishes him. According to Chinese law, the foreigner who is deported by the Chinese government cannot file a lawsuit in the court. They can only apply to the competent government department and ask the competent government department to reconsider whether the decision is correct.

Moreover, according to the provisions of Chinese law, if a foreigner refuses to accept the decision of deportation and files for administrative reconsideration, the decision of administrative reconsideration shall be final. This means that no matter whether the Chinese government decides to cancel the deportation decision or to uphold the decision, the foreigner will not object in any other way but submit to the decision.

Therefore, we remind all foreigners concerned that they should strictly abide by the laws and regulations of China when engaging in business activities or studying and working in China. Those who have been deported for violation of the law shall immediately seek the help of a lawyer and file an administrative reconsideration. No administrative action can be brought, whatever the outcome.