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.