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Political Asylum (Criminal Context)

Does asylum protect against extradition?

Yes, from the moment of application until the final decision, extradition is suspended.

Can I work while waiting?

Yes, asylum seekers have the right to work in Georgia.

How long does it take?

The administrative phase takes 6 to 21 months, plus court appeals, which can take years.

What documents do I need?

Passport (if available), any proof of persecution, articles, summonses.

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Political Asylum in Criminal Context

Political asylum (refugee status) is a powerful protection mechanism for individuals persecuted in their home country due to political opinion, race, religion, or social group. In the context of extradition, applying for asylum is often used as a defense strategy: if Georgian authorities grant refugee or humanitarian status, extradition to the persecuting country is automatically prohibited under international law (Non-refoulement principle). This service differs from standard migration asylum as it focuses on proving the "fabricated" nature and political motivation of the criminal charges. The process involves complex interviews at the Migration Department, submission of evidence, and, in case of refusal, court litigation.

What Does This Service Cover?

Lawyers listed on Legal.ge offer full legal support in the asylum procedure:

  • Application Preparation: Drafting a detailed application for the Migration Department of the MIA, substantiating the "Fear of Persecution."
  • Evidence Gathering: Collecting Country of Origin Information (COI) reports confirming political repression.
  • Interview Representation: The lawyer attends interviews at the Migration Department to protect client rights and ensure facts are recorded correctly.
  • Court Appeals: If the Migration Department denies status, appealing the decision to the Tbilisi City and Appellate Courts.

Common Scenarios and Real-World Situations

Asylum claims in criminal cases are relevant for:

The first scenario is "Journalist/Blogger." A person criticized their government and faced criminal charges (e.g., hooliganism or tax evasion) as retaliation. They seek protection in Georgia.

The second scenario is "Businessman." Authorities initiate prosecution to seize a large business. The businessman flees to Georgia.

The third case is "Conscientious Objector." A person refuses to participate in an illegal war or deserts, facing prison at home. This can be grounds for asylum.

Georgian Legal Framework

Regulations:

  • Law on International Protection: Regulates granting refugee and humanitarian status.
  • 1951 Geneva Convention: Relating to the Status of Refugees.

Service Process Step-by-Step

  1. Registration: Filing an application at the border or Migration Department.
  2. Temporary ID: Receiving an asylum seeker''s certificate (protects against deportation).
  3. Interview: In-depth interview.
  4. Decision: Granting status or refusal (which is appealed).

Why Use Legal.ge?

Obtaining asylum is a complex process where every word matters. On Legal.ge, find lawyers specializing in both immigration and criminal law.

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Specialists for this service

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