Refugee Status Determination (RSD) is a complex administrative process during which the State of Georgia decides whether an individual deserves international protection. This is not a mere formality; it is a decision about a person's fate. The decision is based on the individual's personal history, credibility, and the situation in their country of origin. In Georgia, a single procedure applies for both statuses: "Refugee" (someone persecuted on specific grounds) and "Humanitarian Status Holder" (someone not personally persecuted but facing a life-threatening danger upon return, e.g., due to war). Defining this qualification correctly is the lawyer's primary task.
This service covers the full cycle of the status determination procedure. The service includes: preliminary assessment of the applicant's case and strategy development (which status to focus on); preparing a detailed written statement substantiating the fear of persecution; retrieving and submitting Country of Origin Information (COI) proving the reality of the threat; and representing the client in dealings with the Migration Department. Lawyers also check for any exclusion clauses (e.g., commission of a serious crime) that might prevent protection.
In real life, status determination often depends on nuances. For example, a Ukrainian citizen fleeing war will likely receive humanitarian status because the danger is general. However, a Russian activist persecuted for political reasons requests refugee status. The lawyer must distinguish between these two cases and present appropriate evidence. Another example: a woman fleeing domestic violence from a country where the state does not protect women. This can be qualified as persecution due to membership in a particular social group (Refugee Status).
The legal framework relies on the "Law of Georgia on International Protection." Refugee status is granted for 3 years (with prospects for permanent residence), while humanitarian status is for 1 year (renewable as long as the danger exists). Decisions take into account UNHCR guidelines. A negative decision must be substantiated and is subject to appeal.
The process begins with application registration and lasts up to 6 months. Several interviews are conducted during this time. The migration officer compares the applicant's narrative with facts. The lawyer helps the client avoid contradictions in their testimony and ensures that all important details are recorded in the protocol. Upon granting of status, the person receives a residence permit and a travel document.
Legal.ge is your professional support on the difficult path of status determination. Our partners are experts with a deep understanding of international refugee law. Get the right status and start a new life in Georgia with the help of Legal.ge.
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