Forms of International Protection in Georgia
The granting of refugee or humanitarian status in Georgia is regulated by the law on refugees and international protection. Under that law, three forms of international protection exist in Georgia: refugee status, humanitarian status and the status of a person under temporary protection. Each form rests on its own grounds and entails different legal consequences, so before preparing an application it is important to analyse precisely to which category the person's situation belongs. A correctly chosen ground increases the chance of a positive decision and determines the person's rights during the stay in Georgia.
Grounds for Granting Refugee Status
Refugee status is granted to an alien or a stateless person who is outside the country of origin, has a well-founded fear of becoming a victim of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, and is unable or unwilling, owing to that fear, to return to the country of origin or to avail himself or herself of the protection of that country. In the case of a mass influx of persons meeting these conditions, the ministry decides to recognise refugees on a group basis, taking into account the general situation in their country of origin. The five grounds of persecution reflect the classic international standard, and their correct substantiation with evidence is the core of a successful application.
Humanitarian Status and Its Duration
Humanitarian status is granted to an alien or a stateless person who does not meet the conditions defined by law for refugee status, but concerning whom a real risk exists that, upon return to the country of origin, the person will face the danger of serious harm provided by law. Humanitarian status is granted for a period of one year and may be extended by decision of the ministry, for the same period, more than once, if the circumstances on the basis of which the status was granted still exist. Humanitarian protection is thus an alternative for persons who do not have a well-founded fear of persecution but whose return is nonetheless fraught with danger, and its continuation depends each time on the existing circumstances.
Adoption of the Decision and the Rights of the Party
A decision on granting refugee or humanitarian status or refusing it must be substantiated in writing by the authorised official. The substantiated decision — in Georgian and translated into a language understandable to the asylum seeker — is sent or handed over within three working days, with an indication of the procedure for appealing the decision and of the possibility of using free legal aid under the Georgian law on legal aid. The decision must be based on the essential factual circumstances of the case and the relevant evidence. Where the applications of family members have the same ground, the decision on international protection extends to the family members of the applicant. Where the decision is not delivered owing to the asylum seeker, it is deemed delivered from the day the ministry receives the notice of non-delivery.
Consequences of a Refusal
Where refugee or humanitarian status has been refused, or a person's status has ceased, been annulled or been withdrawn, and at the same time the person's expulsion to the country of origin is impossible, the person may be granted the right of temporary stay in Georgia under the procedure established by Georgian legislation. A refusal decision is sent to the competent structural unit of the Ministry of Internal Affairs for reaction. After the decision enters into force, or after a court decision on appeal enters into legal force, the alien or stateless person is obliged to leave Georgia unless another legal basis for staying exists. Observing the appeal deadlines and examining alternative grounds in time is therefore decisive.
Frequently Asked Questions
What is the difference between refugee and humanitarian status?
Refugee status rests on a well-founded fear of persecution, while humanitarian status rests on the real risk of serious harm upon return. Humanitarian status is granted for one year and may be extended more than once if the circumstances persist.
Within which period is the decision sent to the person?
The substantiated decision, in Georgian and translated into a language understandable to the person, is sent or handed over within three working days, with an indication of the appeal procedure and of free legal aid.
Does the decision extend to family members?
Yes. Where the applications of family members have the same ground, the decision on international protection extends to the family members of the applicant.
What happens in case of refusal?
After the refusal decision enters into force, the person is obliged to leave Georgia unless another legal basis for staying exists. Where expulsion to the country of origin is impossible, the right of temporary stay may be granted.
How We Help on Legal.ge
The team of Legal.ge will assist you in matters of international protection: we prepare a well-founded application, plan the collection of evidence, represent your interests before the ministry and, in case of appeal, before the court. Contact us — starting the status question correctly determines the success of the whole procedure.