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LEGAL AID FOR ASYLUM SEEKERS

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LEGAL AID FOR ASYLUM SEEKERS

One of the important aspects of the Legal Aid Service is to ensure protection of rights of asylum seekers.

The Legal Aid Service offers free legal consultations in order to ensure protection of rights of asylum seekers. They are entitled to use person-to-person and telephone/online consultation services. Legal Aid Service provides legal assistance (court representation) to asylum seekers despite their insolvency.

Protection of rights of asylum seekers, refugee and humanitarian status holders, and persons under temporary protection is guaranteed by the national and international legislation.

Legal Entity of Public Law - Legal Aid Service ensures provision of free legal assistance according to the rules established by the legislation to the asylum seekers and persons under temporary protection on the cases of refusal to award the status, termination, suspension or revocation of a status.

A Request of International Protection

The forms of international protection in Georgia are the following:

  • refugee status;
  • humanitarian status;
  • the status of a person under temporary protection.

Refugee status shall be granted to an alien or a stateless person, who is outside the country of origin, and has a well-grounded fear that he/she may become a victim of persecution on the grounds of his/her race, religion, nationality, affiliation to a certain social group or political views, and who does not wish to, or cannot, return to his/her country of origin or enjoy the right to be protected from such country due to such fear. 

Humanitarian status shall be granted to an alien or a stateless person who does not comply with the conditions for granting refugee status as provided for by the law where there is a real risk that upon returning to the country of origin he/she will face a serious threat of damage.

The status of a person under temporary protection is granted by the Ministry to the people entering in mass, who require international protection and cannot return to the country of their origin due to violence, aggression, international or internal armed conflict, or due to mass violation of human rights.

Humanitarian status and the status of a person under temporary protection are granted for the term of a year. The term may be extended by the same period on the basis of a decision of the Ministry, and it may be extended more than once. 

In the case of the illegal entry into or stay in the territory of Georgia of an alien or a stateless person, he/she shall immediately apply to the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia with a request for granting the status.

The interview and profiling of an asylum seeker shall be conducted during the proceedings of international protection for the application of asylum seeking. The asylum seeker is authorized to request interpreter of desired gender. The proceedings for granting asylum status are free and confidential.

The Ministry shall review an application for international protection in an ordinary manner within six months after its registration. The period may be extended by no more than nine months.

The Ministry makes decision on granting the status in case of satisfaction of application for international protection and issues special certificate. The status is the guarantee for a person not to be expelled or returned to the country of origin or in a country where he/she will face a serious threat of life or health damage.

In case of refusal a decision can be appealed to a court. An asylum seeker can apply to the Legal Aid Service during the appeal procedures and to request an appointment of a lawyer.

If an asylum seeker has been refused refugee or humanitarian status or if his/her humanitarian status has been terminated, cancelled or withdrawn, and in addition, where it is impossible to exile him/her to the country of origin in accordance with the Law of Georgia on Legal Status of Aliens and Stateless Persons, he/she may be granted the right to stay in Georgia temporarily.

Asylum seeker can be placed at the temporary accommodation center designated by the Ministry for the asylum seekers –reception center of temporary accommodation. The term for placement of a person in a reception center depends on the length of proceedings related to the review of his/her application.

Status holders are entitled to exercise employment and education rights, medical assistance that citizens of Georgia enjoy according to the established legislation. Persons with refugee or humanitarian status are entitled to right to free movement both inside as well as outside of a country. 

 


Legal Acts

  • Constitution of Georgia
  • UN Convention of 1951 Related to the Status of Refugees;
  • UN Protocol of 1967, January 31 relating to the Status of Refugees
  • Convention for the Protection of Human Rights and Fundamental Freedoms
  • International Covenant on Civil and Political Rights
  • International Covenant on Economic, Social and Cultural Rights
  • Law of Georgia on International Protection
  • Law of Georgia on the Legal Status of Aliens and Stateless Persons
  • Law of Georgia On the Procedure for Registering Citizens of Georgia and Aliens Residing in Georgia, for Issuing Identity (Residence) Cards and Passports of a Citizen of Georgia
  • Law of Georgia on General Education
  • Law of Georgia on Legal Aid
  • Administrative Procedure Code of Georgia
  • Ordinance #157 of the Government of Georgia on Registration of Refugees, displaced persons –refugees, Regulation of measures of Social Assistance, State Monetary Allowances, Humanitarian and Other Aid “
  • Ordinance #182 of the Government of Georgia issued on April 4, 2017 on Approval of State programs for Professional Training  and Improvement of Qualification for Job Seekers “
  • Ordinance #50 of the Minister of Justice of Georgia on November 4, 2014 on Approval of Rule of Issuing Temporary Identification Card
  • Ordinance #146/ნ  of the Ministry of Education and Science of Georgia issued on October 28, 2015 on Determination of Rules for Training of Children Asylum Seekers and Refugees and Holders of Refugee and Humanitarian Status in Georgian Language, Content of Programs, Terms of Implementation and Funding“
  • Ordinance of the Government of Georgia issued on January 29, 2015 on Measures Supporting Receipt of General Education by Persons Holding Refugee or Humanitarian Status and Asylum Seekers 
  • Ordinance of the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia  issued on January 26, 2017 on the Rule of Placement in Reception Center or Accommodation in another Place  

 


Scope of Service

In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions:

  • Reviews the information and case materials.
  • Meets with the client and provides legal advice.
  • Analyzes the information related to the case, ensures the collection of evidence and submission with the court for the purpose of successful conduct of the case.
  • Represents the client in court.
  • Drafts legal documents related to the case – motions, claims, counterclaims, motions complaints, applications.
  • Informs the client an in case of necessity his/her legal representative on the course of conduct of the case.

 


Terms of Use of the Service

 

 
LEGAL CONSULTATION
DRAFTING OF LEGAL DOCUMENTS
LEGAL AID IN CRIMINAL PROCEEDINGS
AID OF JUVENILES
DOMESTIC VIOLENCE
VIOLENCE AGAINST WOMEN
LEGAL AID IN FAMILY DISPUTES
INHERITANCE
LEGAL AID FOR IDPs
LEGAL AID IN SOCIAL PROTECTION ISSUES
PENSION ISSUES
LEGAL AID FOR PERSONS SEEKING A STATUS OF “BENEFICIARY OF SUPPORT”
LEGAL AID IN CASES RELATED TO PATIENTS’ RIGHTS
LEGAL AID FOR VETERANS
LEGAL AID IN CASES OF INVOLUNTARY PSYCHIATRIC TREATMENT
LEGAL AID IN CASES OF DISCIPLINARY PROCEEDINGS AGAINST PRISONERS
LEGAL AID IN CASES ENTAILING ADMINISTRATIVE ARREST
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF FORMER CIVIL SERVANTS AND SCIENTIST
LEGAL AID FOR FAMILIES OF THE SERVICEMEN DEAD OR LOST DURING THE MILITARY OPERATIONS
LEGAL AID IN CASES OF INVOLUNTARY ISOLATION OF THE DISEASED PERSONS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF VICTIMS OF POLITICAL REPRESSIONS
LEGAL AID IN CASES RELATED TO SOCIAL RIGHTS OF PERSONS WITH DISABILITIES