What Happens if Your Asylum Application Is Rejected?
If your asylum application is rejected and you do not have any other legal basis to remain in Georgia, you must leave the country.
- 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.
Departure timeline:
- You will be given a period of 7 to 30 calendar days to leave Georgia voluntarily.
- This period may be shortened or cancelled by the authorities. In such cases, removal from Georgia may take place immediately.
- There is no automatic extension of the departure period based on personal circumstances.
If you do not leave:
- The relevant state authorities may begin the expulsion procedure.
- Expulsion decisions may also include a re-entry ban, which can be long-term or indefinite.
- These bans may apply in cases involving administrative or minor criminal offences.
Appeals:
- If you appeal the rejection decision, you may not be allowed to stay in Georgia while your appeal is being reviewed, depending on the type of procedure. In inadmissibility or accelerated procedures, the appeal does not automatically suspend removal.
You should carefully check the instructions in your rejection letter and seek legal advice if you wish to appeal or clarify your status.
You can find the contact details of UNHCR, Legal Aid Service and Rights Georgia on the following link – https://help.unhcr.org/georgia/partners/