Asylum in Georgia

Who is an asylum-seeker in Georgia?

You qualify as an asylum-seeker in Georgia if you’ve applied for international protection to a relevant state agency, such as the Ministry of Internal Affairs or the Migration Department, and are awaiting a decision. To be registered as an asylum-seeker, you must be a foreigner or stateless person outside your home country, seeking protection in Georgia due to fear of persecution or serious harm back home.

Following the asylum procedure, you may receive refugee status, humanitarian status, or face rejection. For more information on these procedures and statuses, you can consult the Migration Department, UNHCR, the Ombudsman Office, or NGOs.

Under the 1951 Geneva Convention, a refugee is someone outside their home country, fearing persecution based on race, religion, nationality, social group, or political opinion, and unable to seek protection in that country.

The 2018 Law of Georgia defines a humanitarian status holder as someone ineligible for refugee status but facing risks like the death penalty, torture, or severe threats in their home country due to violence, conflict, or human rights violations.

What is important to know?

If you enter Georgia irregularly (without proper documents) and seek international protection, declare your intention immediately. If you enter legally, apply for protection as soon as you can. You can express your wish for protection to any state authority you first encounter, like the border or patrol police, or directly to the Migration Department. Be prepared for individual interviews with the Migration Department, where your family may also be involved. Remember, all interviews and records are confidential, accessible only to the Migration Department staff handling your application. It’s crucial to always tell the truth and provide detailed reasons for leaving your country during the asylum process.

Asylum procedure in Georgia

If you need international protection, you can apply for asylum at any state agency or the Ministry of Internal Affairs of Georgia. Your asylum application will be processed by the Ministry, including an interview within four months. Typically, the review takes six months, but complex cases may extend to nine months. The entire process won’t exceed 21 months from your application date.

Interview

The Ministry will interview you and any adult family members with you. Before the interview, officials will outline the asylum procedure and your rights. Be ready for an individual interview, where honesty and detailed information about your reasons for seeking protection are crucial. Bring all relevant documents, including ID, civil, educational, and work-related documents.

All interview content and recordings are confidential, accessible only to authorized officials and relevant Georgian state agencies involved in the asylum process. You’re entitled to an interpreter and can request a change if you don’t understand them.

What do you need to bring to the profiling interview?

Bring all supporting documents for your asylum claim to the Division of International Protection Issues of the Migration Department, including:

1. Personal identification (passport, ID card, travel document).
2. Individual and status documents (birth, marriage, divorce certificates, guardianship documents).
3. Educational certificates and diplomas.
4. Employment records (certificates, work cards).
5. Membership cards (political parties, social organizations, unions).
6. Any other relevant documents related to your asylum application.

Decision

The Ministry will either grant you refugee or humanitarian status, or reject your application. You’ll receive the decision in writing in a language you understand.

Appeal

If the Ministry denies your application, you can appeal to the court within one month of receiving the decision. Your appeal will be heard first by the Tbilisi City Court and then by the Tbilisi Court of Appeals. For free legal assistance, contact the Legal Aid Service of Georgia.

Rights and obligations of asylum-seekers in Georgia

As an asylum-seeker in Georgia, you have the following rights:

• Remain in Georgia after applying for international protection.
• Not be extradited or refouled until a decision is made on your application by the Ministry or a court.
• Receive information about your rights, obligations, and the asylum process from the Ministry and UNHCR representatives.
• Be interviewed by an official and interpreter of the same gender, with free interpreter services during the procedure.
• Access free legal services if the Ministry denies your protection, as per Georgia’s Legal Aid Law.
• Stay at the Martkopi Reception Centre during your application review.
• Obtain an asylum-seeker certificate and temporary ID during the process.
• Access state healthcare programs, with some limitations, and educational opportunities similar to Georgian citizens.
• Voluntarily withdraw your asylum application.
• Be exempt from court fees during appeals.
• Work, including self-employment, after applying for protection.
• Interact with administrative bodies and courts under Georgian law.
• Contact the Public Defender’s Office of Georgia to report rights violations.

As an asylum-seeker you have an obligation:

As an asylum-seeker in Georgia, you must:

1. Follow the Georgian Constitution, the Law on International Protection, and other national laws.
2. Respect local culture, traditions, and customs.
3. Remain in Georgia during asylum proceedings.
4. Provide all relevant documents and evidence, including ID, travel documents, information about your identity, citizenship, past residences, transit routes, and reasons for seeking protection.
5. Be truthful and cooperate fully with the Ministry to clarify all details in your application.
6. Hand over any travel documents to the Ministry when you receive your asylum-seeker’s certificate.
7. Give your current address at the initial interview and inform officials of any address or status changes, or if your Georgian-issued ID is lost or damaged, within 10 days.
8. Allow photo and fingerprinting, and undergo medical examinations if required.
9. Adhere to the rules of the Reception Centre if residing there.

For assistance or advice on obtaining asylum in Georgia, contact our asylum lawyersfor a consultation via messenger or by mail or our contact form. We offer comprehensive support, including accompanying you to all authorities and providing expert advice throughout the procedure.

Iryna Berenstein

Associated Partner

Mrs. Berenstein is a distinguished and outstanding lawyer with profound experience and exceptional legal knowledge in the field of International Private Law, Financial Law, Corporate Law, investment regulation, Compliance, Data Protection, and Reputation Management.

Phone:

+357 25 059 684

Email:

[email protected]

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