Asylum in Georgia: Who can request international protection?

Sometimes a person cannot return to their home country not because they simply want a better life, but because returning to their home country is actually dangerous for them.

In Georgia, an alien or stateless person may request international protection if, upon return to their country of origin, they face persecution, detention, torture, inhuman or degrading treatment, a threat to their life or freedom, or other serious harm.

The danger may be related, for example, to political opinions, religion, nationality, ethnicity, membership in a particular social group, war, violence or other difficult circumstances in the country of origin.

International protection in Georgia may include refugee status, subsidiary protection, or temporary protection.

International protection issues are considered by the Migration Department of the Ministry of Internal Affairs of Georgia.

Address: Tbilisi, Gakhokidze St. №16
Hotline for international protection issues: (+995 32) 241 87 30
Illegal migration issues: (+995 32) 241 96 07

It is important to know that in Georgia, a request for international protection is not made freely in “any agency”. As a general rule, it must be registered with the Migration Department of the Ministry of Internal Affairs of Georgia. The law provides for only a few exceptions, including cases of detention at the border or in a penitentiary institution, as well as special rules during the expulsion or extradition procedure.

In the case of asylum, it is important for a person to specifically explain:

Why are you afraid to return?
From whom or what is the danger?
Why can't his own state protect him?
What can happen in case of return?
Does it have documents, messages, photos, videos, medical records, or other evidence?

Sometimes a person may not even realize that there are legally significant circumstances in their story. For example, they may talk about threats, pressure, problems due to political activity, domestic violence, religious persecution, or other dangers, but they may not be able to articulate these circumstances in the way required in the asylum procedure.

It is therefore important that the statement and subsequent explanations are clear, consistent, and supported by evidence, to the extent possible in a particular case.

International protection issues in Georgia are mainly regulated by the Law of Georgia on International Protection and the Law of Georgia on the Legal Status of Foreigners and Stateless Persons.

If a person is refused international protection, he or she has the right to appeal the decision in court. At such a stage, it is particularly important to check whether the risk has been correctly assessed, whether the procedure has been carried out fairly and whether the principle of non-refoulement has been violated.

Important: Asylum cases are considered in court in only two instances. After the first instance, an appeal can be filed, however, the decision of the Court of Appeal is final and cannot be appealed. Therefore, in such cases, it is especially important to prepare the position correctly from the beginning with facts, evidence and legal arguments.

Applying for asylum is not just a formal procedure. It is a legal mechanism for people whose return to their home country may pose a threat.

However, every case is individual and requires a proper legal assessment.

Contact us for legal advice.