The Right to Seek International Protection and Its Procedure
An alien or a stateless person has the right to seek international protection both when entering Georgia at the state border and while staying on the territory of Georgia. Where entry or presence is unlawful, the person must immediately apply to the state agency with a request for international protection, and, with the law's qualification, is released from criminal liability. The state agency must ensure the translation, into a language understandable to the person, of the information necessary to make the asylum procedure accessible; the asylum procedure itself is regulated by a normative act of the Minister. Upon receipt of the request the state agency draws up a protocol, the original of which is sent to the Ministry within 3 working days, while a copy is handed to the applicant. Where necessary, placement in a reception centre for asylum seekers or resettlement elsewhere is carried out under the procedure established by the Minister's normative act.
Routes of Application for Detained Persons
The law lays down a special procedure for persons detained for unlawful crossing of the state border, for expulsion or on an extradition request: such a person may seek international protection personally or through an authorized representative — with the Ministry, the authorized organ of the Ministry of Internal Affairs, the Prosecutor's Office or a penitentiary establishment. These organs must supply the person with information about the possibility of seeking international protection and about the asylum procedure. A person in extradition or expulsion proceedings has 15 calendar days from the provision of written information to apply, and where independent circumstances prevent this, the period may be extended. The Ministry of Internal Affairs, the Prosecutor's Office or the penitentiary establishment immediately informs the Ministry about the request and forwards the application within no more than 3 working days.
Registration of the Application and Questioning
An application for international protection is prepared in writing, where necessary with the assistance of an interpreter. An application submitted to the Ministry is registered immediately and an asylum seeker's certificate is issued; the application also includes data on the person's minor family members. For an unaccompanied minor or a person with a disability requiring a legal representative, responsibility for submitting the application lies with the guardian, curator or supporter, and the certificate is issued to them. Questioning is conducted individually with every adult family member within 10 working days of the submission of the application; it is conducted in writing and with a voice-recording device, and the audio record is kept in the personal file. Personal data obtained must be protected under the law on personal data protection. At registration the seeker's rights and duties and the procedure are explained; failure to appear twice without valid excuse for questioning or an interview is a ground for terminating the examination. After registration the Ministry takes the fingerprints of a seeker over 14 years of age, and the seeker must communicate to the Ministry the address of residence and other contact information, updating it upon any change.
Examination Deadlines
Under the ordinary procedure the application is examined within 6 months of registration. That period may be extended by no more than 9 months where complex factual and legal issues have emerged, or where a large number of persons applied simultaneously, making examination within 6 months difficult; with corresponding justification, as an exception, the period may be further extended by no more than 3 months. Where a temporarily uncertain situation in the country of origin prevents examination, it is postponed: the authorized official studies the situation in the country every 6 months and notifies the seeker of the reason for postponement within 3 working days. In total, the examination period must not exceed 21 months from submission. An application by a person in expulsion proceedings must be examined no later than 1 month from registration. After questioning, the application is examined under the ordinary or the accelerated procedure, and even under the accelerated procedure every requirement and procedure must be observed; where additional circumstances requiring further study emerge, the application is examined under the ordinary procedure.
Frequently Asked Questions
Where can international protection be sought?
Both at the border upon entry and while on the territory; a detained person — with the Ministry, the authorized organ of the Ministry of Internal Affairs, the Prosecutor's Office or a penitentiary establishment.
What happens in case of unlawful entry?
The person must immediately apply to the state agency; with the law's qualification, the person is released from criminal liability.
Within what period is the application examined?
Under the ordinary procedure within 6 months, extendable by up to 9 months, exceptionally by a further 3 months; the overall cap is 21 months from submission.
Why may the examination be terminated?
For failure to appear twice without valid excuse for questioning or an interview.
How We Help on Legal.ge
Preparing an asylum application demands precision: your story at the questioning, the documents and the observance of deadlines are decisive. The team of Legal.ge will help you shape the application, prepare for the questioning and interview, and control the deadlines — and where a refusal or termination occurs, plan the avenues of appeal. Contact us: a correct legal framing of your story changes the outcome.