Introduction: The Importance of International Protection in Georgia
Applying for refugee status and seeking asylum is one of the most fundamental legal processes for foreign nationals fleeing persecution or life-threatening circumstances in their home countries. Georgia, as a member of the international community and a signatory to the 1951 Refugee Convention, undertakes the obligation to protect individuals requiring international protection. The procedure for granting refugee status is complex and multi-staged, requiring detailed legal justification and the submission of substantial evidence. This service is vital for individuals wishing to legally remain in Georgia and receive protection from deportation. Qualified legal assistance is crucial in this process, as a poorly managed case can lead to the denial of status and subsequent expulsion from the country.
What Does This Service Cover?
Refugee status application services go beyond merely filling out forms; they involve full legal representation throughout the administrative and judicial processes. Specialists cover the following areas:
- Initial Consultation and Assessment: Analyzing the client''s history, identifying grounds for persecution (race, religion, nationality, political opinion, or membership in a particular social group), and determining case prospects.
- Preparation of Asylum Application: Preparing the full package of documentation for submission to the Migration Department of the Ministry of Internal Affairs, including drafting explanations and gathering evidence.
- Interview Preparation and Accompaniment: Preparing the client for the interview at the Migration Department, conducting mock interviews, and direct lawyer participation in the official interview to protect the client''s rights.
- Humanitarian Status Application: If an individual does not meet the criteria for refugee status but cannot return home due to the threat of violence or inhumane treatment, an alternative strategy for humanitarian status is developed.
- Appealing Negative Decisions: In case of refusal by the administrative body, preparing lawsuits and representing the client in Tbilisi City and Appeals Courts.
Common Situations and Scenarios
Requests for international protection may arise in various scenarios. Below are real-world examples:
- Political Persecution: A foreign national persecuted in their home country for opposition activities arrives in Georgia and seeks protection because they face imprisonment upon return.
- Armed Conflict: A family fleeing armed conflict and mass violence seeks humanitarian status because returning to their country poses a threat to their lives.
- Religious or Ethnic Discrimination: An individual belonging to a religious minority who faces systemic oppression or physical danger in their homeland.
- Membership of a Social Group: For example, women fleeing forced marriage or domestic violence from countries where the state fails to protect them, or members of the LGBTQ+ community whose rights are grossly violated.
Georgian Legal Framework
Issues of refugee and humanitarian status are regulated by Georgian legislation and international acts. Primarily, the "Law of Georgia on International Protection" applies, which details the grounds for granting refugee and humanitarian status, procedures, and the rights of asylum seekers. This law is fully based on the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol. Procedural aspects, especially during appeals, are governed by the "General Administrative Code of Georgia" and the "Administrative Procedure Code of Georgia". It is important to note that the Constitution of Georgia guarantees the right to asylum for foreign nationals in accordance with the law. Lawyers use this legal framework to argue that deporting the client would violate the international law principle of "non-refoulement" (prohibition of forced return).
Step-by-Step Process
The process of obtaining refugee status involves several stages:
- Application Registration: The asylum seeker applies to the Ministry of Internal Affairs. Initial registration occurs, and a temporary ID card is issued.
- Preliminary Interview: A Migration Department officer conducts an initial interview to gather basic information.
- Substantive Interview: This is the most critical stage where the reasons for persecution are examined in detail. The lawyer prepares the client and attends the interview.
- Decision Making: The Ministry has up to 6 months (which may be extended) to make a decision.
- Appeal: In case of a negative answer, the decision is appealed in court, which automatically suspends the deportation process until the dispute is resolved.
Why Choose a Specialist on Legal.ge?
Obtaining refugee status is a difficult and stressful process where every detail matters. Legal.ge gives you access to experienced lawyers with years of practice in migration law. Through our platform, you can find specialists who speak your language and understand your cultural context. Lawyers listed on Legal.ge ensure the protection of your rights at all stages of interaction with state agencies, significantly increasing the chances of a positive outcome. Find your specialist on Legal.ge today.
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