Asylum procedure in Georgia
If you are in need of international protection, the asylum application must be submitted in writing and addressed to the Migration Department of the Ministry of Internal Affairs. This can be done:
- Directly at the Migration Department, or
- Indirectly through another competent authority (border police or while in detention, to the penitentiary institution), who must forward the request to the Migration Department without delay.
All asylum applications in Georgia will first go through an admissibility procedure. After you submit your application to the Ministry, you will be invited for an interview. Based on this, the authorities will decide within 5 to 10 days whether your case can be considered admissible.
If your application is found inadmissible you will have 7 days to appeal the decision. However, during this time, you will not be considered an asylum seeker, therefore you will not have access to a free state lawyer, and the appeal will not prevent your removal from the country).
If your application is admissible, it will be reviewed either through an accelerated or a regular procedure. In accelerated procedure a decision will be issued within 30 days. If rejected, you will have 10 days to appeal, but you will not be entitled to a free lawyer, and your appeal will not have suspensive effect. This means you will not be considered an asylum seeker during the appeal.
If your case goes through the regular procedure, the authorities will issue a decision within 6 to 21 months. If your application is rejected, you will also have 10 days to appeal. In contrast to the accelerated procedure, you will be entitled to a free state-funded lawyer, and your appeal will have suspensive effect, and you will remain an asylum seeker during the appeal process.
Border procedures
If you express your intention to seek asylum at a border crossing point, in a transit zone (such as an airport), or while in temporary detention, your application will be examined under the border procedure. In this case, you are not automatically admitted into Georgian territory. Your application is first reviewed to determine whether you will be granted entry or if a decision can be taken while you remain at the border.
A border official will conduct a short interview and prepare a formal record of your request. This is forwarded to the Migration Department, which must examine your case within 7 calendar days, with a possible extension of up to 3 more days if needed due to complexity.
There are four possible outcomes of the border procedure:
- Inadmissibility decision: If your application is considered inadmissible (for example, because you came from a safe third country or submitted a repeat application without new information), you will not be admitted into Georgia. You can appeal the decision within 7 days, but your appeal will not suspend removal, and you are not considered an asylum-seeker during the appeal. You are, however, entitled to free legal aid.
- Substantive decision at the border: Your application may be examined in full while you remain at the border or in temporary detention. If international protection is granted, you will be admitted into Georgian territory. If your application is rejected, you may appeal within 7 days, but the appeal has no suspensive effect, and you are not considered an asylum-seeker during the appeal. You still have access to free legal aid.
- Admission to territory: If your case requires more thorough review or if you are identified as a person with specific needs (e.g. an unaccompanied child, a person with disabilities, or a survivor of violence), the Ministry may allow you to enter Georgia before a decision is made. You will be issued a certificate of asylum-seeker and continue the process under the regular or accelerated procedure. If your application is later rejected, you may appeal within 10 days, and the appeal has suspensive effect, meaning you cannot be removed while the appeal is ongoing. You are entitled to free legal aid.
- No decision within 28 days: If no final decision is made within 28 days (including any appeal), you must be admitted into the territory and placed in the regular procedure.
While your application is under border procedure, you have the right to:
- Be informed about the procedure in a language you understand;
- Free interpretation services;
- Free legal assistance at all stages, including appeals;
- Humane and dignified treatment, including access to food, hygiene and basic healthcare;
- Separation from people held under criminal procedures;
- Additional safeguards if you are a child, a person with disabilities, or a survivor of trauma or violence.
Important: You are only officially recognised as an asylum-seeker once your application has been declared admissible or you have been admitted into Georgian territory and issued a certificate of asylum-seeker. Until then, even if you have clearly requested protection, your rights are more limited.
Interview
The Ministry conducts the interview with you and with your adult family members accompanying you. Authorized officials of the Ministry will explain the asylum procedure and your rights before the start of the interview.
You should be prepared for an individual interview. During the entire asylum procedure, you must tell the truth, provide detailed information about the reasons for applying for international protection and present all available documents in original form (i.e. ID and civil documents, education or work related documents and other documents that you possess).
Interview and related written/audio recordings are confidential, which means that the information about you will not be shared with anyone but the authorized officials, who are reviewing your application or other Georgian state agencies, involved in the asylum procedure.
You have the right to have an interpreter during the interview. You have the right to change the interpreter if you cannot understand him/her.
What do you need to bring to the profiling interview?
You should bring to the Division of International Protection Issues of the Migration Department all available written documents supporting your asylum claim, if available:
- Personal identification documents (e.g. passport, ID card, travel document);
- Individual and status documents (e.g. birth and/or marriage and/or divorce certificate, guardianship document);
- Educational documents (e.g. certificates, diploma);
- Employment documents (e.g. certificate, working records, card);
- Membership cards (e.g. political parties, social organizations, union card);
- Any other available documents related to your application for international protection.
Decision
The Ministry may grant you refugee or subsidiary protection (formerly referred to as humanitarian status) or reject your application for international protection.
Who will know that you have applied for asylum in Georgia?
Information about you as well as the information regarding your application for international protection is confidential and will not be shared with mass media, other organizations, citizens of Georgia and/or with the state agencies and citizens of your country of origin, without your written consent.
What is important to know
- If you entered Georgia irregularly (without a passport, visa or other travel documents), you must express your intention to seek protection without delay. If you entered legally, you should state your wish to apply as soon as possible.
- You must tell the truth, cooperate fully, and provide as much detail as possible about the reasons you left your country. You are also expected to submit any identity documents, biometrics, or other relevant information.
- You have the right to free interpretation throughout the procedure and, if you prefer, to be interviewed by an official and interpreter of the same sex.
- You must remain in Georgia until a final decision is made on your case.
- You are required to keep your contact details (address, phone number and e-mail) up to date, and notify the Migration Department in writing within three working days of any changes. Failure to do so will result in termination of your application.
- You may hire a lawyer at your own expense at any stage.
- You may withdraw your application at any time by submitting a written request. This will end your asylum-seeker status and legal stay.
- You are required to keep your contact details (address, phone number, and e-mail) up to date and must notify the Migration Department in writing within three working days of any changes. Failure to do so, as well as failure to cooperate with the procedure or to attend scheduled interviews (twice without a valid reason), may result in termination of your application.