ON INTERNATIONAL PROTECTION

Law of Georgia

on International Protection

This Law is based on the Constitution of Georgia, the fundamental human rights and freedoms recognised by international law, and those international treaties to which Georgia is a party.

Article 1. Scope of the Law🔗

1. This Law determines:

a) the entry into and stay in the territory of Georgia of an alien and a stateless person who is not a stateless person having status in Georgia (hereinafter – a stateless person), who have applied for international protection in accordance with this Law, as well as the standards of treatment towards them;

b) the legal status, rights, obligations and socio-economic guarantees of an asylum seeker, a refugee, a person under subsidiary protection and a person under temporary protection;

c) the grounds and procedures for granting, terminating, revoking and withdrawing refugee status, subsidiary protection or temporary protection to an alien and a stateless person in Georgia, for extending subsidiary protection or temporary protection and for exclusion from the relevant status;

d) the powers of the state agencies responsible in the field of international protection.

2. This Law shall not apply to the granting to an alien or a stateless person of international protection on a ground that is not related to the need for international protection and is conditioned by compassion and humanitarian reasons.

Article 2. Purpose of the Law🔗

The purpose of this Law is:

a) to create the legal framework necessary for the asylum procedure;

b) to ensure the protection of the rights provided for by the legislation of Georgia of an asylum seeker, a refugee, a person under subsidiary protection or a person under temporary protection;

c) to ensure the asylum procedure through the use of the international protection mechanisms provided for by the legislation of Georgia.

Article 3. Definition of terms🔗

For the purposes of this Law, the terms used herein have the following meaning:

a) Ministry – the Ministry of Internal Affairs of Georgia;

b) request for international protection – direct or indirect, oral or written expression of the will to receive international protection by an alien or a stateless person, while staying in the territory of Georgia, to the Migration Department of the Ministry, except for cases directly provided for by this Law;

c) asylum procedure – a legal process which includes the actions carried out by the state agencies responsible for the implementation of this Law from the moment of the request for international protection until the decision on granting international protection or on refusal to grant international protection enters into legal force, and in the case of appeal of the said decision in the manner established by this Law – until the respective court judgment enters into legal force; also a legal process which includes the actions carried out in accordance with this Law from the moment of initiation of the procedure of termination, revocation or withdrawal of international protection, or of extension of additional protection or temporary protection or of refusal to extend it, until the respective decision enters into legal force, and in the case of appeal of the said decision in the manner established by this Law – until the appropriate court judgment enters into legal force;

d) application for international protection – a written application by an alien or a stateless person by which he/she requests the granting of refugee status or additional protection in Georgia;

e) repeated application for international protection – a repeated application for international protection submitted by an alien or a stateless person, which is considered in the manner established by Article 52 of this Law;

f) asylum seeker – an alien or a stateless person in respect of whom the asylum procedure is ongoing and whose application for international protection or repeated application for international protection has been declared admissible;

g) international protection – the granting of refugee status, additional protection or temporary protection to an alien or a stateless person and providing him/her with the rights provided for by this Law;

h) asylum seeker's certificate – a document confirming the declaration of admissibility of an alien's or a stateless person's application for international protection, the ongoing asylum procedure in respect of him/her and his/her lawful stay in Georgia;

i) certificate on the request for international protection – a document confirming the submission of an application for international protection by an alien or a stateless person and the commencement of the admissibility stage of the application for international protection;

j) refugee – an alien or a stateless person who has been granted refugee status on the basis of Article 15 of this Law;

k) person enjoying additional protection – an alien or a stateless person who has been granted additional protection on the basis of Article 19 of this Law;

l) person enjoying temporary protection – an alien or stateless person who has been granted temporary protection on the basis of Article 22 of this Law;

m) person enjoying international protection – a refugee, a person enjoying subsidiary protection, a person enjoying temporary protection;

n) best interests of the minor – the interests of the minor in terms of safety, well-being, health protection, education, development, socio-economic and other interests, which are determined taking into account international standards established in the field of protection of children's rights, the individual characteristics of the minor and his/her opinion, and correspond to the 1989 United Nations “Convention on the Rights of the Child”;

o) country of origin – the country of citizenship of an alien, as well as the country of permanent residence of a stateless person;

p) safe country of origin – a country of origin where the legislative order existing within the framework of the democratic system and general political situation and its enforcement indicate that in this country, generally and continuously, there is no persecution in accordance with paragraphs 1 and 2 of Article 38 of this Law, and also there is no real risk of serious harm in accordance with paragraph 3 of Article 38 of this Law;

q) safe third country – a country which is not the country of origin of an alien or stateless person, however, on the basis of the connection existing between this country and the alien or stateless person, he/she may be admitted to the said country in a lawful manner, provided that:

q.a) in this country, his/her life or freedom will not be threatened on account of his/her race, religion, nationality, membership of a particular social group or political opinion;

q.b) in this country, he/she will not face a real risk of serious harm in accordance with paragraph 3 of Article 38 of this Law;

q.c) in this country, the principle of non-refoulement will be observed with respect to him/her in accordance with the 1951 United Nations “Convention relating to the Status of Refugees”;

q.d) his/her expulsion from this country will not violate the right to protection from torture or inhuman or degrading treatment;

q.e) he/she will have the opportunity to request refugee status and, if it is established that he/she needs this, to receive the relevant protection in accordance with the 1951 United Nations “Convention relating to the Status of Refugees”;

r) authorised official – an employee of the Migration Department of the Ministry who performs the functions provided for by this Law on the basis of powers delegated by an individual administrative-legal act of the Minister;

s) illegal entry into the territory of Georgia – crossing the state border of Georgia by using a forged document or by another unlawful means;

t) internal relocation alternative – the possibility for an asylum seeker to relocate to a certain territory in the country of origin where he/she does not have a well-founded fear of persecution, or is not facing a real risk of serious harm, or has the means to be effectively and durably protected against persecution or serious harm by the actors of protection defined by paragraph 1 of Article 40 of this Law, and where he/she can safely travel, be lawfully admitted and settle, as well as enjoy respect for his/her rights and have the possibility of economic survival;

u) family member – a family member already existing in the country of origin, namely:

u.a) the spouse of an asylum seeker or a person enjoying international protection, or a person in an unregistered marriage with an asylum seeker or a person enjoying international protection;

u.b) a minor child to be raised of an asylum seeker or a person enjoying international protection from a registered or unregistered marriage, or a minor to be raised adopted by an asylum seeker or a person enjoying international protection in accordance with the legislation of the country of origin;

u.c) the mother, father, legal representative of a minor to be raised of an asylum seeker or a person enjoying international protection;

v) single parent – an asylum seeker or a person enjoying international protection (mother, father) together with a minor child/children;

w) family reunification – based on the principle of family unity, the entry into and residence in the territory of Georgia of family members of a refugee or a person enjoying subsidiary protection;

x) derived status – based on the principle of family unity, the status granted to a family member of a refugee or a person enjoying subsidiary protection;

y) mass influx – the request for international protection by a large group of aliens or stateless persons having the same country of origin, in respect of whom an effective individual asylum procedure cannot be ensured;

z) voluntary repatriation – the making of a decision by a person enjoying international protection, without physical, psychological and material coercion, to return safely and with dignity to his/her country of origin;

aa) valid reason – such a state of health of an alien or stateless person which makes it impossible for him/her to submit an application for international protection or to fulfil the relevant obligation provided for by this Law, which is confirmed by a relevant certificate issued by a doctor. Force majeure shall also be considered a valid reason, namely, a natural disaster, accident, fire, mass disorder, military action, declaration of quarantine or a state of emergency and/or another such circumstance owing to which the submission of an application for international protection or the fulfilment of another obligation provided for by this Law by an alien or stateless person becomes objectively impossible. In addition, the death of a family member of an alien or stateless person residing in Georgia shall also be considered a valid reason, which is confirmed by an official document issued by an authorised state institution;

bb) person with specific needs – a minor, an unaccompanied minor, an elderly person, a person with disability, a pregnant woman, a single parent, a victim of human trafficking (trafficking), a person with a mental disorder, a victim of torture, a victim of rape, a victim of other psychological, physical or sexual violence;

cc) reception centre – a place of temporary accommodation of asylum seekers;

dd) temporary accommodation centre – a place of temporary accommodation of aliens and stateless persons/asylum seekers, where the relevant ground provided for by paragraph 2 of Article 9 of this Law exists;

ee) refugee travel document – the document defined by Article 28 of the 1951 UN Convention relating to the Status of Refugees;

ff) travel passport – the travel document of a person with subsidiary protection;

gg) temporary identification certificate – the document defined by subparagraph „r“ of Article 2 of the Law of Georgia on the Legal Status of Aliens and Stateless Persons;

gg¹) unaccompanied minor – a minor who crossed the state border of Georgia without the accompaniment of a parent/parents or another adult person responsible for him/her/guardian/curator/supporter and whose parent/parents or another adult person responsible for him/her/guardian/curator/supporter does not/do not exercise representation on his/her behalf at the time of the request for international protection, as well as a minor who found himself/herself without parents or another adult person responsible for him/her/guardian/curator/supporter after crossing the state border of Georgia;

gg²) Minister – the Minister of Internal Affairs of Georgia;

gg³) database – the database on aliens and stateless persons, asylum seekers and persons with international protection, which is administered by the Ministry;

gg⁴) state agencies responsible for the enforcement of this Law – the administrative bodies defined by Chapter X of this Law.

Article 4. Legal Guarantees🔗

The State shall protect the rights of an asylum seeker and a person enjoying international protection.

Article 5. Principle of Confidentiality🔗

1. Personal data of a foreigner or stateless person, an asylum seeker or a person enjoying international protection, as well as any information related to his/her application for international protection, is confidential and it is inadmissible, without the written consent of the foreigner or stateless person, asylum seeker or person enjoying international protection, to disclose this data/information to third parties (including to a state agency and citizen of the country of origin) by transferring it (except for transfer to state agencies responsible for the enforcement of this Law), by disseminating it or otherwise making it available.

2. The state agencies responsible for the enforcement of this Law that carry out activities in the field of international protection, as well as third parties participating in the asylum procedure, shall be obliged to protect the principle of confidentiality. The state agencies responsible for the enforcement of this Law shall be guided by the requirements of the Law of Georgia "On Personal Data Protection".

3. Information may be exchanged for the fulfillment of obligations assumed under international treaties of Georgia related to terrorism or extradition, if the confidentiality of information regarding a request for international protection is protected.

Article 6. Granting a Foreigner or Stateless Person the Right to Enter the Territory of Georgia and Ensuring Access to the Asylum Procedure🔗

1. The state agencies responsible for the enforcement of this Law shall ensure that the foreigner or stateless person who requests international protection is given the opportunity to exercise the right to enter the territory of Georgia and to have access to the asylum procedure.

2. In the case provided for by Article 33 of this Law, a foreigner or stateless person may not be granted the right to enter the territory of Georgia as defined by paragraph 1 of this Article.

Article 7. Exemption of an asylum seeker from criminal liability🔗

1. An alien or stateless person shall be exempt from criminal liability in the case of the creation of false official computer data (except an act related to sale), or entry into the occupied territory of Georgia in violation of the procedure established by the Law of Georgia "On Occupied Territories", or illegal crossing of the state border of Georgia, or production, acquisition or storage for the purpose of use, or use of a false identity card or other official document, seal, stamp or blank (except an act related to the sale of a false official document, seal, stamp or blank), if he entered Georgia directly from the territory where he was threatened by the danger provided for by paragraph 1 of Article 15, paragraph 1 of Article 19, paragraph 3 of Article 38 or paragraph 1 of Article 22 of this Law, and he applied for international protection in accordance with this Law, if his act does not contain elements of another crime.

2. In the case provided for by paragraph 1 of this Article, an alien or stateless person shall be exempt from criminal liability if he appeared before a state body immediately, at the first opportunity, and submitted an appropriate explanation regarding the reason for committing the relevant act.

3. Also exempt from the criminal liability provided for by paragraph 1 of this Article is an alien or stateless person who committed the act provided for by paragraph 1 of this Article due to being a victim of human trafficking (trafficking), before obtaining the status of a victim of human trafficking (trafficking).

4. If by a decision on international protection that has entered into legal force it is determined that an alien or stateless person does not need international protection, the exemption from criminal liability provided for by paragraph 1 of this Article shall not apply to him.

5. For the authorized persons of the investigative body who are investigating the possible commission by an alien or stateless person of the act (crime) provided for by paragraph 1 of this Article, the relevant database of the Ministry is accessible for obtaining information on the completion of the asylum procedure.

Article 8. Principle of Non-Refoulement🔗

1. An asylum seeker or a person enjoying international protection, as well as, in a case directly provided for by this Law, an alien or a stateless person shall not be returned or expelled to the border of a country where his/her life or freedom would be threatened on account of his/her race, religion, nationality, membership of a particular social group or political opinion.

2. The operation of paragraph 1 of this Article shall not extend to an asylum seeker or a person enjoying international protection, as well as, in a case directly provided for by this Law, to an alien or a stateless person in respect of whom there are sufficient grounds for assuming that he/she poses a threat to the state security of Georgia, or who has been convicted by a judgment that has entered into legal force for committing an especially grave crime in Georgia and poses a threat to society.

Article 9. Detention of an alien or a stateless person/asylum seeker and/or his/her placement in a temporary accommodation centre🔗

1. Detention of an alien or a stateless person/asylum seeker and/or his/her placement in a temporary accommodation centre is an extreme measure, which shall not be discriminatory and shall serve only a lawful aim.

2. An alien or a stateless person/asylum seeker may be detained and/or placed in a temporary accommodation centre if:

a) his/her identification is not possible;

b) there is a risk of his/her absconding and/or a risk of evading cooperation with an authorised official;

c) there are sufficient grounds for assuming that he/she will pose a threat to the State security of Georgia;

d) there are sufficient grounds for assuming that he/she will pose a threat to public health;

e) he/she grossly violates public safety and public order;

f) there is a circumstance defined by paragraph 10 of Article 33 of this Law, and at the same time, the alien or stateless person/asylum seeker poses a threat to the State security of Georgia;

g) he/she has failed to fulfil the obligations provided for by an alternative measure to placement in a temporary accommodation centre, as determined by a judge.

3. An alien or a stateless person/asylum seeker shall, immediately upon detention, be informed in a clear manner, in a language understandable to him/her or in a language he/she understands, as may reasonably be considered:

a) the ground for detention;

b) the right to the services of a lawyer;

c) the right to notify, about the detention, a person/relative of his/her choice;

d) the right to request a medical examination.

4. A detained alien or a stateless person/asylum seeker shall be given the opportunity to immediately notify, about the detention, a person/relative of his/her choice, where necessary — using the resources of the Ministry.

5. A detained alien or a stateless person/asylum seeker may be placed in the temporary placement isolator of the Ministry or in a temporary accommodation centre.

6. A detained alien or a stateless person/asylum seeker shall be placed separately from other offenders. Women and men shall be placed separately, except where they are members of each other's family. A minor shall be placed separately from an adult, unless they are members of each other's family. Family unity shall be maintained unless there is a security-related risk requiring the separation of family members.

7. An alien or a stateless person/asylum seeker shall be brought before a court no later than 48 hours after detention, for the purpose of taking a decision on his/her placement in the temporary accommodation centre. If, within the following 24 hours, the court does not take a decision on the placement of the alien or stateless person/asylum seeker in the temporary accommodation centre, the alien or stateless person/asylum seeker shall be released immediately.

8. If an alien or a stateless person/asylum seeker is not brought before a court no later than 48 hours after detention, he/she shall be released immediately.

9. If there exists one of the grounds provided for by paragraph 2 of this Article, the detained alien or stateless person/asylum seeker may be placed in the temporary accommodation centre until the completion of the asylum procedure.

10. An alien or a stateless person/asylum seeker may be placed in the temporary accommodation centre for 3 months. In the event of the existence of any of the grounds provided for by paragraph 2 of this Article, the term of placement of the alien or stateless person/asylum seeker in the temporary accommodation centre may, on the basis of a substantiated motion submitted by the Ministry to the court, be extended by an additional 6 months. The total term of the stay of the alien or stateless person/asylum seeker in the temporary accommodation centre shall not exceed 9 months. After the expiry of this term, the alien or stateless person/asylum seeker shall leave the temporary accommodation centre.

11. If international protection is granted to an alien or a stateless person/asylum seeker placed in the temporary accommodation centre within the term defined by paragraph 10 of this Article, he/she shall leave the temporary accommodation centre.

12. An alien or a stateless person/asylum seeker may also be detained and/or placed in the temporary accommodation centre in the cases provided for by the Law of Georgia on the Legal Status of Aliens and Stateless Persons, on the ground defined by the same Law.

13. When detaining an alien or a stateless person/asylum seeker and/or placing him/her in the temporary accommodation centre, the procedure for the detention and placement in the temporary accommodation centre of an alien or a stateless person/asylum seeker established by a normative act of the Minister shall be applied.

Article 10. Alternative measure to the placement of an alien or stateless person/asylum seeker in the temporary accommodation centre🔗

1. The court is entitled, on its own initiative or, where necessary, on the basis of a motion by the Ministry, to adopt a decision on the application of an alternative measure to the placement of an alien or stateless person/asylum seeker in the temporary accommodation centre.

2. An alien or stateless person/asylum seeker may be assigned the following as an alternative measure to placement in the temporary accommodation centre:

a) regular appearance, not more than twice a week, at the relevant territorial body of the police and/or another authorised unit of the Ministry;

b) surety by a citizen of Georgia related to the alien or stateless person/asylum seeker.

3. The alternative measure to the placement of an alien or stateless person/asylum seeker in the temporary accommodation centre shall be determined by the court. The term of validity of the alternative measure to the placement of an alien or stateless person/asylum seeker in the temporary accommodation centre shall be 3 months. Where necessary, this term may be extended by an additional 6 months on the basis of a substantiated motion submitted by the Ministry to the court.

Article 11. Prohibition of discrimination🔗

This Law shall apply without discrimination to an alien, a stateless person, an asylum seeker and a person enjoying international protection, regardless of race, skin colour, language, sex, age, citizenship, origin, place of birth, place of residence, property or social status, religion or belief, national, ethnic or social affiliation, profession, family status, health status, disability, sexual orientation, political or other opinion and other characteristic.

Article 12. Protection of the principle of family unity🔗

1. The Ministry shall protect the principle of family unity of a person enjoying international protection.

2. Every family member has the right to have his/her application for international protection considered individually.

Article 13. Consideration of the best interests of the minor🔗

A decision relating to a minor shall comply with the 1989 United Nations Convention on the Rights of the Child and shall take into account the best interests of the minor. When assessing the best interests of the minor, the state agencies responsible for the enforcement of this Law shall pay particular attention to the principle of family unity, the safety, well-being and social development of the minor and his/her opinion, and shall take into account his/her age and abilities (including the level of development, perception and communication skills).

Article 14. Forms of International Protection🔗

In accordance with this Law, the following forms of international protection exist in Georgia:

a) refugee status;

b) subsidiary protection;

c) temporary protection.

Article 15. Grounds for Granting Refugee Status🔗

1. In accordance with the procedure established by this Law, refugee status shall be granted to an alien or a stateless person who is outside the country of origin, has a well-founded fear that he/she may become a victim of persecution on account of his/her race, religion, nationality, membership of a particular social group or political opinion, and who is unable or, owing to such fear, is unwilling to return to the country of origin or to avail himself/herself of the protection of that country.

2. In the event of a mass influx of aliens or stateless persons who meet the requirements (grounds) defined by paragraph 1 of this Article, the Ministry, in accordance with the procedure established by this Law, shall decide to grant them refugee status by the "group determination" method, applying the "Prima facie" approach.

3. Granting of refugee status by the "group determination" method shall be carried out in accordance with the procedure established by Article 22 of this Law.

Article 16. Right to Claim International Protection Arising In Situ ("Sur place")🔗

1. The need for international protection may be based on a significant change in the circumstances in the country of origin of an alien or stateless person present in Georgia, or on such an act which he/she performs after leaving the country of origin.

2. In the case provided for by this Article, the well-founded fear of persecution or the real risk of serious harm of an alien or stateless person may be based on the activity in which he/she was engaged after leaving the country of origin and which is an expression and continuation of the belief or orientation which the alien or stateless person held in the country of origin.

3. If an alien or stateless person has applied to the Ministry repeatedly with a request for international protection, he/she may, without violating the 1951 UN Convention relating to the Status of Refugees, be refused the granting of the status provided for by this Law, if the well-founded fear of persecution or the real risk of serious harm of the alien or stateless person arises from circumstances which he/she, after leaving the country of origin, intentionally and artificially created.

Article 17. Grounds for refusal to grant refugee status🔗

1. An alien or a stateless person shall not be granted refugee status if he/she fails to meet the requirements (grounds) defined by paragraph 1 of Article 15 of this Law.

2. An alien or a stateless person shall also not be granted refugee status if:

a) there are sufficient grounds for assuming that he/she poses a threat to:

a.a) the state security of Georgia;

a.b) the territorial integrity of Georgia;

a.c) public security and law and order;

b) he/she has been convicted by a court judgment that has entered into legal force for the commission in Georgia of an intentional grave or especially grave crime, or of a domestic crime.

3. An alien or a stateless person does not need the granting of refugee status and, accordingly, shall not be granted refugee status if:

a) he/she has been granted international protection by another state which is a safe country for him/her;

b) he/she is a national of two or more countries and has the possibility to enjoy the protection of one of them;

c) he/she has an internal relocation alternative;

d) he/she is covered by Part "D" of Article 1 of the 1951 United Nations Convention relating to the Status of Refugees;

e) he/she is recognised by the competent authority of the country of residence as having the rights and obligations which are attached to the possession of the nationality of that country.

Article 18. Exclusion from refugee status🔗

1. An alien or a stateless person shall be excluded from refugee status if he/she meets the requirements defined by Article 15 of this Law, but there are sufficient grounds for assuming that:

a) he/she has committed a crime against peace, a war crime or a crime against humanity, in accordance with the definition given to such an act by international instruments drawn up for this purpose;

b) he/she has committed, outside the borders of Georgia, prior to the granting of refugee status in Georgia, an intentional grave or especially grave crime of a non-political nature;

c) he/she is guilty of committing acts contrary to the purposes and principles of the United Nations.

2. The operation of paragraph 1 of this Article also extends to a person who incites the commission of a crime or the carrying out of an act provided for by this Article, or otherwise participates in the commission of the said crime or the carrying out of the act.

Article 19. Grounds for granting subsidiary protection🔗

1. Subsidiary protection shall be granted to an alien or a stateless person who fails to meet the requirements (grounds) defined by Article 15 of this Law for the granting of refugee status, but there is a real risk that, in the event of return to the country of origin, he/she will face serious harm provided for by paragraph 3 of Article 38 of this Law.

2. An alien or a stateless person shall be granted subsidiary protection for a term of 1 year. Subsidiary protection may be extended by a decision of the Ministry, for the same term, repeatedly, if the circumstances defined by paragraph 1 of this Article still exist.

Article 20. Grounds for refusal to grant subsidiary protection🔗

1. An alien or a stateless person shall not be granted subsidiary protection if he/she fails to meet the requirements defined by paragraph 1 of Article 19 of this Law.

2. An alien or a stateless person shall not be granted subsidiary protection also in the case where he/she has been convicted by a court judgment that has entered into legal force for the commission in Georgia of an intentional grave or especially grave crime, or of a domestic crime.

3. An alien or a stateless person does not need the granting of subsidiary protection and, accordingly, shall not be granted subsidiary protection if:

a) he/she has been granted international protection by another state which is a safe country for him/her;

b) he/she is a national of two or more countries and has the possibility to enjoy the protection of one of them;

c) he/she has an internal relocation alternative;

d) he/she is recognised by the competent authority of the country of residence as having the rights and obligations associated with the possession of the citizenship of that country.

Article 21. Exclusion from subsidiary protection🔗

1. An alien or a stateless person shall be excluded from subsidiary protection if he/she meets the requirements defined by Article 19 of this Law, however there are sufficient grounds for assuming that:

a) he/she has committed a crime against humanity, peace, security and international humanitarian law;

b) he/she committed, before the granting of subsidiary protection in Georgia, an intentional grave or especially grave crime outside the borders of Georgia;

c) he/she is charged with committing an act contrary to the purposes and principles of the United Nations;

d) he/she poses a threat to:

d.a) the state security of Georgia;

d.b) the territorial integrity of Georgia;

d.c) public security and law and order.

2. The operation of paragraph 1 of this Article extends also to a person who incites the commission of a crime or the carrying out of an act provided for by paragraph 1 of this Article, or otherwise participates in the commission of the said crime or the carrying out of the act.

3. An alien or a stateless person may also be excluded from subsidiary protection in the case where, before entering the territory of Georgia, he/she committed another crime which is not provided for by paragraph 1 of this Article and which is punishable by imprisonment under the legislation of Georgia, and also if he/she left the country of origin only in order to avoid the criminal liability provided for the commission of the said crime.

Article 22. Grounds and procedure for granting temporary protection🔗

1. Temporary protection shall be granted to aliens or stateless persons who have entered en masse and who meet the requirements (grounds) defined by subparagraph "c" of paragraph 3 of Article 38 of this Law.

2. For the purpose of granting the temporary protection provided for by paragraph 1 of this Article to an alien or stateless person, the Government of Georgia shall adopt a legal act.

3. Temporary protection shall be granted to an alien or stateless person for a period of 1 year. Temporary protection may be extended by a decision of the Government of Georgia, for the same period, repeatedly, if the circumstances defined by paragraph 1 of this Article still exist.

4. After registration of aliens or stateless persons who have entered en masse, an authorised official shall issue to them a document confirming the granting of temporary protection to them and their lawful stay in the territory of Georgia.

5. If the grounds provided for by Articles 15 and 19 of this Law exist, an alien or stateless person shall have the right, within 15 days from the expiry of the period defined by paragraph 3 of this Article, to submit an application for individual international protection.

6. In the event of violation by an alien or stateless person, for an unjustified reason, of the period defined by paragraph 5 of this Article, the Ministry shall issue an individual administrative-legal act on refusal to admit the application for international protection to proceedings.

7. After the entry into legal force of the Ministry's decision on refusal to grant temporary protection to an alien or stateless person, including, in the case of an appeal to court against the Ministry's decision, after the entry into legal force of the court's judgment on refusal to grant temporary protection, the alien or stateless person shall be obliged to leave Georgia in accordance with the procedure established by the Law of Georgia "On the Legal Status of Aliens and Stateless Persons", unless there is another legal ground for his/her stay in Georgia.

8. The procedure for granting temporary protection shall be regulated by a normative act of the Minister.

Article 23. Grounds for refusal to grant temporary protection🔗

1. An alien or a stateless person shall not be granted temporary protection if he/she fails to meet the requirements (grounds) defined by paragraph 1 of Article 22 of this Law.

2. An alien or a stateless person shall not be granted temporary protection also in the case where he/she has been convicted by a court judgment that has entered into legal force for committing an intentional grave or especially grave crime, or a domestic crime, in Georgia.

3. An alien or a stateless person does not need the granting of temporary protection and, accordingly, temporary protection shall not be granted to him/her, if:

a) he/she has been granted international protection by another state which is a safe country for him/her;

b) he/she is a citizen of two or more countries and has the opportunity to enjoy the protection of one of them;

c) he/she has an internal relocation alternative;

d) he/she is recognized by the competent authority of the country of residence as having the rights and obligations associated with the possession of the citizenship of that country.

Article 24. Exclusion from temporary protection🔗

1. An alien or a stateless person shall be excluded from temporary protection if he/she meets the requirements defined by Article 22 of this Law, however there is sufficient ground for the presumption that:

a) he/she has committed a crime against humanity, peace, security and international humanitarian law;

b) he/she committed, before the granting of temporary protection in Georgia, an intentional grave or especially grave crime outside the borders of Georgia;

c) he/she is charged with committing an act contrary to the purposes and principles of the United Nations Organization;

d) he/she poses a threat to:

d.a) the state security of Georgia;

d.b) the territorial integrity of Georgia;

d.c) public security and public order.

2. The operation of paragraph 1 of this Article extends also to a person who incites the commission of a crime or the carrying out of an act provided for by this Article, or otherwise participates in the commission of the said crime or the carrying out of the act.

3. An alien or a stateless person may also be excluded from temporary protection in the case where, before entering the territory of Georgia, he/she committed another crime which is not provided for by paragraph 1 of this Article and which is punishable by imprisonment under the legislation of Georgia, and also if he/she left the country of origin only in order to avoid the criminal liability provided for the commission of the said crime.

Article 25. Request for international protection🔗

1. An alien or a stateless person has the right to request international protection in his native language or another language understandable to him, while staying on the territory of Georgia, only at the Migration Department of the Ministry, except for the cases provided for by paragraph 2 of this Article.

2. International protection may also be requested:

a) in the case of unlawful crossing of the state border of Georgia provided for by paragraph 1 of Article 7 of this Law – at the authorised body of the Ministry exercising border control;

b) within the framework of the border procedure provided for by Article 33 of this Law – at the authorised body of the Ministry exercising border control;

c) while staying in a penitentiary institution (hereinafter – penitentiary institution) of the Special Penitentiary Service – a state sub-agency institution within the system of the Ministry of Justice of Georgia – in the penitentiary institution.

3. If an alien or a stateless person has requested international protection in a state agency provided for by paragraph 2 of this Article, the state agency receiving the request for international protection shall ensure that information on the asylum procedure is provided to him in a language understandable to him or in a language that he understands, as may reasonably be considered.

4. The asylum procedure is regulated by a normative act of the Minister.

Article 26. Request for international protection by an alien or stateless person against whom expulsion from Georgia or extradition proceedings are pending🔗

1. Immediately upon the initiation of expulsion from Georgia or extradition proceedings, the authorized official of the Ministry, as well as, on the instruction of the Prosecutor’s Office of Georgia or a prosecutor, of the body detaining the alien or stateless person, shall immediately provide the alien or stateless person, in accordance with the procedure established by the legislation of Georgia, in a language understandable to him/her or in a language that he/she understands, as may reasonably be considered, with information about the right to request international protection and the time limit for exercising this right. The provision to the alien or stateless person of the information provided for by this paragraph shall be confirmed by a written document drawn up by the authorized official.

2. An alien or stateless person against whom expulsion from Georgia or extradition proceedings are pending shall have the right to request international protection in his/her native language or another language understandable to him/her, in person or through a lawyer holding the relevant power of attorney, at the Migration Department of the Ministry or at a penitentiary institution.

3. An alien or stateless person against whom expulsion from Georgia or extradition proceedings are pending shall have the right to apply with an application for international protection to the state bodies provided for by paragraph 2 of this article within 10 calendar days from receipt of the information in accordance with the procedure established by paragraph 1 of this article. In the event of violation of the said time limit by the alien or stateless person for an unjustified reason, the Ministry shall issue an individual administrative-legal act on refusal to accept the application for international protection for processing.

4. After service on the alien or stateless person of the decision, in accordance with paragraph 3 of this article, on refusal to accept the application for international protection for processing, as well as in the event of his/her appeal against the said decision to a court in accordance with the procedure established by this Law, the expulsion of the alien or stateless person from Georgia or the adoption by the Minister of Justice of Georgia of a final decision on his/her extradition and the enforcement of this decision shall not be hindered.

5. In the event of the existence of a valid reason, the time limit defined by paragraph 3 of this article may be restored for no more than the duration of the existence of the valid reason. The alien or stateless person shall, immediately upon elimination of the circumstance related to the valid reason, immediately (at the first opportunity) request international protection. The burden of proving the existence of a valid reason shall be borne by the alien or stateless person.

6. If international protection is requested by a foreigner or stateless person against whom expulsion from Georgia proceedings are pending and who is not placed in a penitentiary institution or the Ministry's temporary accommodation centre, the Ministry's authorised official shall refer the foreigner or stateless person to the relevant unit of the Ministry's Migration Department and shall provide him/her, in writing, in a language understandable to him/her, with information on the obligation to appear at the said unit within 5 working days, to submit information on the mobile phone number, e-mail address and residential address (if any), and on the consequences of failure to fulfil this obligation. The foreigner or stateless person shall sign this information.

7. If a foreigner or stateless person requests international protection within the time limit defined by paragraph 3 of this Article, the authorised official of the penitentiary institution shall immediately provide the Ministry's Migration Department with information about the foreigner or stateless person who requested international protection, and shall send the application for international protection no later than 3 working days.

8. If a safe third country requests the extradition of a foreigner or stateless person, the Ministry shall adopt a decision, in accordance with Article 31 of this Law, on declaring the application for international protection inadmissible. If the application for international protection is declared inadmissible, including where the foreigner or stateless person appeals the said decision to a court in the manner established by this Law, he/she shall not be considered an asylum seeker, and the adoption by the Minister of Justice of Georgia of a final decision on his/her extradition and the enforcement of that decision shall not be suspended.

9. If an individual administrative-legal act provided for by paragraphs 3 and 8 of this Article is appealed to a court, the foreigner or stateless person shall not enjoy the rights established by Article 66 of this Law, including the right to free legal assistance and the right to exemption from payment of the state fee, as defined by subparagraphs „e“ and „l“ of the first paragraph of the same Article, in the conduct of court proceedings.

10. If a foreigner or stateless person fails to appear at the Ministry within the time limit defined by paragraph 6 of this Article and/or fails to submit the mandatory contact information, the asylum procedure shall be terminated.

11. If a foreigner or stateless person requests international protection at the relevant institution of the Ministry's system, the procedure for the exchange of information between the appropriate units of the Ministry shall be established by order of the Minister.

12. After the commencement of consideration of the matter of expulsion from Georgia of a foreigner or a stateless person, if, within the period determined by paragraph 3 of this Article, he/she makes a request for international protection, the consideration of the expulsion matter and the asylum procedure shall proceed simultaneously, within the framework of a single administrative proceeding. The procedure for the application for international protection and for the consideration of the expulsion matter provided for by this paragraph shall be determined by an Order of the Minister.

13. In the case provided for by paragraph 12 of this Article, the decision on the expulsion of a foreigner from Georgia or on refusal of his/her expulsion and the decision related to the request for/grant of international protection shall be adopted by a single individual administrative-legal act.

14. In the case provided for by paragraph 13 of this Article, the decision adopted in relation to the request for/grant of international protection shall not be appealed separately. This decision may be appealed together with the decision on the expulsion of a foreigner from Georgia or on refusal of his/her expulsion, within 10 calendar days from its delivery, in accordance with the rules established by Articles 211²² and 211²⁶ of the Administrative Procedure Code of Georgia.

Article 27. Request for international protection by a foreigner or stateless accused or convicted person who is in a penitentiary institution🔗

1. An authorised official of the penitentiary institution shall, immediately upon placement in a penitentiary institution, but not later than the 2nd working day, in accordance with the procedure established by the legislation of Georgia, in writing, in a language understandable to him or in a language he understands, as may reasonably be considered, provide information to a foreigner or stateless accused or convicted person (except a person convicted of an intentional grave or especially grave crime, as well as of a domestic crime):

a) about his possible expulsion from Georgia after serving the sentence or after release from serving the sentence on any other ground;

b) about the right to request international protection and the time limit for exercising this right;

c) about the obligation, in the event of release from the penitentiary institution before the Ministry adopts a decision related to international protection, to appear at the Ministry within 5 working days and to submit information about a mobile telephone number, email address and residential address (if any), and about the consequences of failure to fulfil this obligation.

2. A record shall be drawn up on the provision of the information provided for by paragraph 1 of this article, which the foreigner or stateless accused or convicted person shall confirm by signature. The original of this record shall be sent to the Migration Department of the Ministry within 3 working days, and a copy thereof shall be given to the foreigner or stateless accused or convicted person.

3. A foreigner or stateless accused or convicted person provided for by paragraph 1 of this article, who is in a penitentiary institution, shall have the right to request international protection in the penitentiary institution, in his native language or in another language understandable to him, and, through a lawyer holding the relevant power of attorney, also in the Migration Department of the Ministry, within 10 calendar days from receipt of the information in accordance with the procedure established by paragraph 1 of this article. In the event that the foreigner or stateless accused or convicted person violates the said time limit for an unjustified reason, the Ministry shall issue an individual administrative-legal act on refusal to accept the application for international protection for processing.

4. After delivery to the foreigner or stateless accused or convicted person of the decision on refusal to accept the application for international protection for processing in accordance with paragraph 3 of this article, as well as in the event of his appeal against the said decision to a court in accordance with the procedure established by this Law, the expulsion of the foreigner or stateless accused or convicted person from Georgia or the adoption by the Minister of Justice of Georgia of a final decision on his extradition and the enforcement of this decision shall not be hindered.

5. In the event of the existence of a valid reason, the time limit determined by paragraph 3 of this Article may be restored for no longer than the duration of the existence of the valid reason. The alien or stateless accused or convicted person provided for by paragraph 1 of this Article shall, upon the elimination of the circumstance related to the valid reason, immediately (at the first opportunity) request international protection. The burden of proving the existence of a valid reason shall be borne by the alien or stateless accused or convicted person.

6. Where the alien or stateless accused or convicted person provided for by paragraph 1 of this Article personally requests international protection, the penitentiary establishment shall send his/her application to the Migration Department of the Ministry no later than 3 working days.

7. When conducting an interview with the alien or stateless accused or convicted person provided for by paragraph 1 of this Article who is in a penitentiary establishment and who has requested international protection, the authorised official of the Ministry shall explain to him/her the rights and obligations provided for him/her by this Law and the asylum procedure, as well as, in the event of release from the penitentiary establishment, the obligation to appear at the Migration Department of the Ministry within 5 working days and to submit information on the mobile telephone number, e-mail address and residential address (if any), and the consequences of failure to fulfil this obligation.

8. If the alien or stateless accused or convicted person provided for by paragraph 1 of this Article who has requested international protection fails, in the event of release from the penitentiary establishment, to appear at the Migration Department of the Ministry within the time limit determined by paragraph 7 of this Article and to submit the mandatory contact information, the asylum procedure shall be terminated. After the individual administrative-legal act on the termination of the asylum procedure determined by this paragraph is served on the alien or stateless person in the manner established by Article 58 of this Law, as well as in the event of his/her appealing the said act to a court in the manner established by this Law, the alien or stateless person shall not be considered an asylum seeker, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and from the moment of service of the said act on the alien or stateless person, his/her expulsion or extradition from Georgia shall be permissible.

9. In the event of appealing to a court the individual administrative-legal act provided for by paragraphs 3 and 8 of this Article, the alien or stateless person shall not enjoy the rights established by Article 66 of this Law, including the right to free legal assistance and the right to exemption from payment of the state fee in the conduct of court proceedings as determined by subparagraphs „e“ and „l“ of paragraph 1 of the same Article.

10. The rule and form of explaining the information provided for by paragraph 1 of this article to the respective foreign or stateless accused person or convicted person held in a penitentiary institution, and the rule of exchange of information between the Ministry and the penitentiary institution shall be determined by a joint order of the Minister and the Minister of Justice of Georgia.

Article 28. Request for international protection by a person with specific needs🔗

1. A person with specific needs shall request international protection in accordance with Article 25 of this Law.

2. The Migration Department of the Ministry shall immediately provide information about an unaccompanied minor, as well as, where necessary, information about a person with disabilities, to the guardianship and curatorship authority determined by the legislation of Georgia. The said authority shall, where necessary, in accordance with the procedure established by the legislation of Georgia, ensure the appointment of a guardian/curator/supporter for the unaccompanied minor or the person with disabilities.

3. On the basis of the drawing up of the relevant protocol by an authorised official, the request for international protection of an unaccompanied minor or of a person with disabilities who requires having a legal representative shall be registered immediately. The application for international protection shall be submitted after the appointment of a guardian/curator/supporter for the unaccompanied minor or the person with disabilities. The counting of the time limit for consideration of the application for international protection shall begin from the day of registration of the application for international protection.

Article 29. Right to request placement in a reception centre for an asylum seeker🔗

1. During the period of substantive examination of an application for international protection by the Ministry, an asylum seeker has the right to request placement in a reception centre. The Ministry shall consider this request on the basis of a request by the asylum seeker.

2. By order of the Minister, the following shall be determined:

a) issues related to the placement of an asylum seeker in a reception centre;

b) the grounds and procedure for termination of the right of an asylum seeker/a person placed in a reception centre to be placed in a reception centre;

c) the grounds and procedure for leaving the reception centre (including by force) by a person placed in a reception centre and for the disposal of things in his/her possession.

3. An asylum seeker/a person placed in a reception centre, where a ground for termination of his/her right to be placed in a reception centre exists, shall be obliged to leave the reception centre within the period determined by this Law.

4. In the event of non-compliance with the requirement determined by paragraph 3 of this Article, the person placed in a reception centre shall leave the reception centre through the use of coercive measures, in accordance with the procedure established by order of the Minister, without applying to a court and without enforcement proceedings provided for by the Law of Georgia on Enforcement Proceedings.

5. Appealing a decision on termination of the right of an asylum seeker/a person placed in a reception centre to be placed in a reception centre shall not suspend its enforcement.

6. A person with specific needs shall be accommodated in accordance with the procedure established by order of the Minister.

Article 30. Basic Procedural Standards🔗

1. The authorized official shall examine an application for international protection individually, objectively and impartially.

2. An application for international protection shall be examined on the merits:

a) under the ordinary procedure;

b) under the accelerated procedure;

c) under the procedure for examination at the state border of Georgia.

3. The examination on the merits of an application for international protection under the procedure provided for by subparagraph “a” or “b” of paragraph 2 of this Article shall begin if the application for international protection passes the admissibility stage defined by Article 31 of this Law.

4. The grounds for granting refugee status or additional protection to an alien or a stateless person shall be examined under a single procedure, sequentially, by examining and assessing the grounds for granting refugee status provided for by Article 15 of this Law. If the asylum seeker does not satisfy the grounds for granting refugee status, the said procedure shall continue with the examination and assessment of the grounds for granting additional protection provided for by Article 19 of the same Law.

5. In the case of clear substantiation of the existence of the circumstances defined by Articles 15 and 19 of this Law, a decision on granting refugee status or additional protection to an alien or a stateless person may be adopted after conducting an interview with him/her, in accordance with the procedure established by Article 42 of this Law for the examination of an application for international protection.

Article 31. Admissibility Stage of an Application for International Protection🔗

1. The Ministry shall verify, in accordance with the procedure established by this Article, the admissibility of an application for international protection of a foreigner or stateless person.

2. An application for international protection of a foreigner or stateless person shall be considered inadmissible and shall not be examined on the merits if:

a) the foreigner or stateless person has been granted international protection by another state that is a safe country for him/her;

b) there is a safe third country for the foreigner or stateless person;

c) the foreigner or stateless person has been convicted in Georgia by a court judgment that has entered into legal force for the commission of an intentional grave or especially grave crime or a domestic crime;

d) a family member of the foreigner or stateless person submits a separate application for international protection after he/she consents that his/her case be considered within the framework of the application for international protection of the foreigner or stateless person provided for by this paragraph, and there are no new circumstances related to his/her situation that would justify his/her submission of a separate application for international protection;

e) the requirements defined by paragraph 1 of Article 52 of this Law have not been met.

3. For the purpose of determining the circumstances defined by paragraph 2 of this Article and the admissibility of the application for international protection, an interview shall be conducted with the foreigner or stateless person in accordance with the procedure established by Article 35 of this Law, except for the case provided for by subparagraph "e" of paragraph 2 of this Article. The foreigner or stateless person shall have the right to present his/her opinion during the interview on the relevant circumstances defined by paragraph 2 of this Article.

4. The Ministry shall take a decision on recognizing the application for international protection as admissible or inadmissible within 5 working days from the interview with the foreigner or stateless person, except for the case provided for by subparagraph "e" of paragraph 2 of this Article. By decision of an authorized official, this time limit may be extended once, by no more than 5 working days.

5. The decision provided for by paragraph 4 of this Article (in Georgian, as well as translated into a language understandable to him/her or a language he/she understands, as may reasonably be considered) shall be delivered to the foreigner or stateless person in accordance with the procedure established by Article 58 of this Law, with an indication of the procedure established by this Law for appealing it to a court.

6. The deportation or extradition of a foreigner or stateless person from Georgia shall be inadmissible before the decision provided for by paragraph 4 of this Article — an individual administrative legal act — is delivered to him/her in accordance with the procedure established by paragraph 5 of the same Article.

7. The decision provided for by paragraph 4 of this Article may be appealed to a court within 7 calendar days from its delivery to the foreigner or stateless person.

8. In accordance with paragraph 2 of this Article, after the delivery to an alien or a stateless person of an individual administrative-legal act on recognising an application for international protection as inadmissible, as well as in the case of his/her appealing the said act in court in accordance with the procedure established by this Law, the alien or stateless person shall not be considered an asylum seeker, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and from the moment of delivery of the said act to the alien or stateless person, his/her expulsion from Georgia or extradition shall be permissible.

9. In accordance with paragraph 2 of this Article, in the case of appealing in court an individual administrative-legal act on recognising an application for international protection as inadmissible, the alien or stateless person shall not enjoy the rights established by Article 66 of this Law, including the right to free legal assistance and the right to exemption from payment of the state fee, as defined by subparagraphs „e“ and „l“ of paragraph 1 of the same Article, in the conduct of court proceedings.

10. In the case provided for by subparagraph „e“ of paragraph 2 of this Article, the application for international protection shall be considered in accordance with the procedure established by Article 52 of this Law.

11. On the basis of an individual administrative-legal act on recognising an application for international protection as admissible, an asylum seeker's certificate shall be issued to the alien or stateless person, and on the basis of this certificate — a temporary identification card.

12. After the issuance of an asylum seeker's certificate to an alien or stateless person, the Ministry shall take the asylum seeker's travel document (if any). The travel document shall be returned to the asylum seeker after the entry into legal force of the Ministry's decision on the termination of the consideration of the application for international protection or on refusal to grant refugee status or additional protection, and in the case of his/her appealing the Ministry's decision in court in accordance with the procedure established by this Law — after the entry into legal force of the court's decision on refusal to grant refugee status or additional protection.

13. A decision on recognising an application for international protection as admissible gives rise for the asylum seeker to the rights and obligations provided for by Articles 66 and 67 of this Law.

14. After the adoption of a decision on recognising an application for international protection as admissible, the application for international protection shall be considered in accordance with the procedure established by subparagraph „a“ or „b“ of paragraph 2 of Article 30 of this Law.

Article 32. Accelerated examination of an application for international protection🔗

1. An application for international protection shall be considered manifestly unfounded and shall be examined under the accelerated procedure if one of the following grounds exists:

a) the information indicated in the application for international protection is not related to the grounds for granting refugee status or subsidiary protection provided for by Article 15 or Article 19 of this Law;

b) the asylum seeker is from a safe country of origin;

c) the alien or stateless person misled the Ministry by concealing relevant information or documents about his/her identity and/or citizenship, as well as by submitting false information or forged documents, which could have had a negative impact on the decision;

d) the alien or stateless person provided the Ministry with clearly inconsistent and contradictory, clearly false or dubious information about the country of origin, which renders his/her application for international protection unconvincing;

e) it is probable that the alien or stateless person has in bad faith destroyed or disposed of his/her own identification or travel document by which his/her identity and/or citizenship could have been established;

f) the alien or stateless person refuses to have fingerprints and palm prints taken or to be photographed;

g) the alien or stateless person illegally entered the territory of Georgia or illegally extended his/her stay in Georgia and, taking into account the circumstances of his/her entry into the territory of Georgia, without a valid reason, did not immediately appear before the state body responsible for the enforcement of this Law and did not apply for international protection;

h) the alien or stateless person applied for international protection without a valid reason after 30 days from entry into the territory of Georgia, except where the application for international protection is based on a significant change in the circumstances in the country of origin of the alien or stateless person.

2. A repeated application for international protection, which has been declared admissible in accordance with Article 52 of this Law, shall be examined under the accelerated procedure.

3. The concept of a safe country of origin shall be applied only if this country is the country of origin of the alien or stateless person and the alien or stateless person has not submitted any evidence for a well-founded presumption that this country, taking into account individual circumstances, is not a safe country for him/her.

4. When examining an application for international protection under the accelerated procedure within the time limit defined by paragraph 8 of Article 37 of this Law, a decision on granting refugee status or subsidiary protection to an alien or stateless person, or on refusing to grant refugee status or subsidiary protection, may be taken after conducting an interview with him/her, in accordance with the procedure established by Article 42 of the same Law for the examination of an application for international protection.

5. If, during the examination of an application for international protection, additional circumstances have been identified due to which the case requires additional examination, and the examination of the application for international protection and the adoption of a decision cannot be carried out within the time limit determined by paragraph 8 of Article 37 of this Law for the examination of an application for international protection under the accelerated procedure, the application for international protection shall be examined within the time limits established by paragraphs 1–5 of the same Article for the examination of an application for international protection under the ordinary procedure.

6. After the delivery to a foreigner or stateless person of a decision refusing the granting of international protection within the framework of the examination of an application for international protection under the accelerated procedure, as well as in the case of his/her appeal against the said decision to a court in accordance with the procedure established by this Law, the foreigner or stateless person shall not be considered an asylum seeker, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and from the moment of delivery of the said decision to the foreigner or stateless person, his/her expulsion or extradition from Georgia shall be permissible.

7. In the case of an appeal to a court against the decision provided for by paragraph 6 of this Article — an individual administrative-legal act — the foreigner or stateless person shall not enjoy the rights established by Article 66 of this Law, including the right to free legal aid and the right to exemption from payment of the state fee, as defined by subparagraphs “e” and “l” of paragraph 1 of the same Article, during court proceedings.

Article 33. Procedure for the examination of an application for international protection at the state border of Georgia🔗

1. Where a foreigner or stateless person requests international protection at the state border of Georgia or in a transit zone under the control of Georgia, the application for international protection shall be examined in accordance with the procedure established by this article if:

a) any of the circumstances defined by paragraph 2 of Article 31 of this Law exists;

b) any of the circumstances defined by paragraph 1 of Article 32 of this Law exists;

c) the foreigner or stateless person poses a threat to the state security of Georgia, its territorial integrity or public security, or he/she was expelled from Georgia for posing a threat to the state security of Georgia, its territorial integrity or public security.

2. In order to identify the relevant circumstance defined by paragraph 1 of this article, the authorized official shall conduct an initial interview with the foreigner or stateless person and draw up the relevant record, after which a decision may be taken on the examination of the application for international protection in accordance with the procedure established by this article.

3. Within the framework of the examination of an application for international protection at the state border of Georgia, the application for international protection shall be examined within 7 calendar days from the receipt by the Migration Department of the Ministry of the record provided for by paragraph 2 of this article. If complex factual and/or legal issues are identified that require additional examination, by decision of the authorized official this time limit may be extended once, by no more than 3 calendar days. When examining an application for international protection in accordance with the procedure established by this article, on the basis of the questionnaire conducted with the foreigner or stateless person, one of the following decisions shall be taken in accordance with the procedure established by Article 42 of this Law:

a) on declaring the application for international protection inadmissible;

b) on granting international protection or refusing to grant international protection;

c) on examining the application for international protection in accordance with the procedure established by subparagraph "a" of paragraph 2 of Article 30 of this Law and on granting the foreigner or stateless person the right to enter the territory of Georgia;

d) on examining the application for international protection in accordance with the procedure established by subparagraph "a" of paragraph 2 of Article 30 of this Law and on the detention of the foreigner or stateless person on the ground defined by subparagraph "f" of paragraph 2 of Article 9 of this Law.

4. In the case provided for by paragraph 3 of this article, the questionnaire with the foreigner or stateless person may be conducted, inter alia, remotely, through the use of technical means.

5. In the case provided for by subparagraph "c" or "d" of paragraph 3 of this article, the foreigner or stateless person shall be considered an asylum seeker, shall enjoy the rights established by Article 66 of this Law and shall bear the obligations defined by Article 67 of the same Law.

6. An alien or a stateless person shall be served personally with the decision provided for by paragraph 3 of this Article (in Georgian, as well as translated into a language understandable to him/her or a language that he/she understands, as may reasonably be considered) on the day of adoption of this decision, indicating the procedure established by this Law for appealing it to court.

7. The decision provided for by paragraph 3 of this Article may be appealed to court within 7 calendar days from its service on the alien or stateless person.

8. If the decision provided for by paragraph 3 of this Article is appealed to the City Court, the claim shall be considered remotely, using technical means, and a judgment shall be adopted within 7 calendar days from the filing of the claim. The judgment of the City Court shall be final and shall not be appealed.

9. The time limit for consideration of an application for international protection at the state border of Georgia (including the time limit for adoption of a decision by the court) shall not exceed 28 calendar days from the commencement of consideration of the application for international protection at the state border of Georgia.

10. In case of failure by the Ministry to adopt a decision within the time limit determined by paragraph 9 of this Article, the alien or stateless person shall be granted the right to enter the territory of Georgia, and his/her application for international protection shall be considered in accordance with the procedure established by subparagraph “a” of paragraph 2 of Article 30 of this Law. The Ministry is authorized to apply the measure provided for by subparagraph “f” of paragraph 2 of Article 9 of this Law. At the same time, in case of failure by the court to adopt a decision within the time limit determined by paragraph 9 of this Article, the court, based on an assessment of the relevant threats, shall adopt a decision on granting the alien or stateless person the right to enter the territory of Georgia or on application of the measure provided for by subparagraph “f” of paragraph 2 of Article 9 of this Law.

11. In the case provided for by subparagraph “d” of paragraph 3 of this Article, an alien or stateless person shall not derive the right to lawfully stay in Georgia for the purposes of the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”.

12. Within the framework of consideration of an application for international protection at the state border of Georgia, the Ministry shall ensure:

a) identification of a request for international protection by an alien or stateless person;

b) provision to an alien or stateless person of information on the procedure for consideration of an application for international protection at the state border of Georgia as determined by Georgian legislation;

c) participation of an interpreter of the relevant language within the framework of consideration of an application for international protection at the state border of Georgia;

d) Effective access to free legal aid for a foreigner or stateless person, including remotely, through the use of technical means, and, if the foreigner or stateless person already has a legal representative/lawyer holding the appropriate power of attorney, his/her unhindered admission;

e) Creation of dignified conditions for the accommodation of a foreigner or stateless person.

13. The rule for identification of an application for international protection at the state border of Georgia by a foreigner or stateless person and for the exchange of information between the relevant units of the Ministry shall be established by order of the Minister.

Article 34. Representation in the asylum procedure🔗

1. In the course of the asylum procedure, a foreigner or stateless person, an asylum seeker or a person enjoying international protection, at the stage of administrative proceedings, may, at their own expense, enjoy the right to the services of an advocate, and in the case provided for by Article 33 of this Law — also free legal aid in the conduct of court proceedings related to the asylum seeker's request for, granting or termination of international protection, revocation or deprivation of the status granted to a person enjoying international protection, extension of subsidiary protection or temporary protection, or refusal to extend subsidiary protection or temporary protection.

2. In the course of the asylum procedure, as well as in the conduct of court proceedings, the participation of an advocate is not mandatory. At the same time, in the conduct of court proceedings, an advocate may participate remotely, using technical means. The failure of an advocate to appear at the completion of the questionnaire, the interview or a court hearing for an unjustified reason does not hinder the completion of the questionnaire or the interview or the consideration of the case in court.

3. The right to attend the completion of the questionnaire and the interview with a foreigner or stateless person/an asylum seeker/a person enjoying international protection shall be held by their legal representative, as well as by an advocate holding the relevant power of attorney (if any).

4. In the course of the completion of the questionnaire or the interview with a foreigner or stateless person/an asylum seeker/a person enjoying international protection, the questions of the authorised official shall be answered by the foreigner or stateless person/an asylum seeker/a person enjoying international protection. The advocate/legal representative shall have the right, upon completion of the questionnaire or the interview, to ask clarifying questions. In the course of the completion of the questionnaire or the interview, any other interference by the advocate/legal representative is inadmissible. In the event of interference in the completion of the questionnaire or the interview, the advocate/legal representative must leave, of which a relevant record shall be drawn up. It shall indicate the reason for the advocate's/legal representative's leaving the completion of the questionnaire or the interview. This record shall be attached to the personal file of the foreigner or stateless person/an asylum seeker/a person enjoying international protection.

5. If the participation of the advocate/legal representative hinders the conduct of the asylum procedure, including in the conduct of court proceedings, the asylum procedure shall be carried out without the advocate/legal representative.

6. If an advocate retained by a foreigner or stateless person/an asylum seeker/a person enjoying international protection fails to appear at a court hearing for an unjustified reason, the court shall consider the claim without the participation of the advocate. In this case, an advocate shall not be appointed at the expense of the State.

7. The operation of paragraphs 2, 4 and 5 of this Article shall not apply to an unaccompanied minor. The legal representative of an unaccompanied minor shall attend the questioning or interview. The legal representative may ask questions or make comments during the questioning or interview within the limits determined by the authorized official.

Article 35. Registration and completion of the questionnaire for an application for international protection🔗

1. An application for international protection shall be prepared in writing, if necessary, with the assistance of an interpreter of the relevant language. A submitted application for international protection shall be registered immediately and a certificate on the request for international protection shall be issued. This certificate is not a basis for issuing a temporary identification certificate and shall be valid until the decision provided for by paragraph 4 of Article 31 of this Law is made. If the application for international protection of family members of a foreigner or stateless person has the same grounds, the application for international protection shall also include data on his/her family member(s).

2. For the submission of an application for international protection by an unaccompanied minor or by a person with disabilities who needs to have a legal representative, his/her legal representative shall be responsible, acting in consideration of the best interests of the unaccompanied minor or the interests of the person with disabilities.

3. In the case of submission of an application for international protection by an unaccompanied minor or by a person with disabilities who needs to have a legal representative, the certificate on the request for international protection shall be issued to his/her legal representative.

4. Upon registration of an application for international protection, the rights and obligations provided for the foreigner or stateless person by this Law and the asylum procedure shall be explained to him/her in writing. At the same time, the foreigner or stateless person shall be explained that, in the event of failure to appear twice for completion of the questionnaire or for an interview without a valid reason, by ignoring the notification, the asylum procedure shall be terminated.

5. A foreigner or stateless person or his/her legal representative shall be obliged to notify the Migration Department of the Ministry of his/her mobile telephone number, e-mail address and residential address (if any), and also, within 3 working days, to notify the relevant contact information in the event of its change. If, upon registration of an application for international protection, the foreigner or stateless person does not indicate the mandatory contact information provided for by this paragraph, he/she shall be obliged to submit this information during completion of the questionnaire. Otherwise, the asylum procedure shall be terminated.

6. Upon registration of an application for international protection, a photograph of the foreigner or stateless person shall be taken. The photograph of the foreigner or stateless person shall be stored in the database. An authorized official shall, for the purposes of consideration of the application for international protection, take fingerprints and palm prints of a foreigner or stateless person aged 14 years or over.

7. The biometric data of a foreigner or stateless person provided for by paragraph 5 of this Article shall be stored in the database. The procedure for taking fingerprints and palm prints of a foreigner or stateless person and for processing this personal data shall be established by a legal act of the Minister.

8. When submitting an application for international protection, the foreigner or stateless person shall be notified in writing, in a language understandable to him or her or in a language that he or she understands, as may reasonably be considered, of the date of the interview. In the event of the non-appearance of the foreigner or stateless person after the first summons to the interview, he or she shall be summoned again in accordance with the procedure established by Article 58 of this Law, except where the contact information of the foreigner or stateless person is unknown.

9. The purpose of conducting an interview with a foreigner or stateless person is to determine the admissibility of the application for international protection and to establish the substantive circumstances related to the request for international protection, which include information on the reasons for the foreigner's or stateless person's inability to leave the country of origin and to return to that country, as well as other information by which the need to grant international protection to the foreigner or stateless person may be established.

10. In accordance with Article 31 of this Law, for the purpose of determining the admissibility of an application for international protection, an interview shall be conducted individually with each adult member of the family no later than 5 working days after the submission of the application for international protection. In an exceptional case, an interview may be conducted with a minor member of the family if conduct oriented towards a minor, as provided for by subparagraph „f“ of paragraph 2 of Article 38 of this Law, is identified.

11. To ensure the accuracy of the relevant materials, the interview shall be conducted in writing and shall be recorded by a sound recording device. The interview report and the audio recording shall be kept in the personal file of the foreigner or stateless person. The foreigner or stateless person shall be notified of the audio recording of the interview immediately upon its commencement.

Article 36. Burden of proof🔗

The obligation to establish the facts related to a request for international protection shall be shared equally between the competent official and the alien or stateless person/asylum seeker, namely:

a) An alien or stateless person/asylum seeker shall be obliged to submit, within as short a time as possible, all information and evidence necessary to substantiate the request for international protection and to cooperate with the competent official in the process of their assessment. An alien or stateless person/asylum seeker shall also be obliged to credibly explain the reason for the failure to submit or the absence of the relevant information and evidence;

b) The competent official shall be obliged, by asking relevant questions in relation to the request for international protection, to facilitate the alien or stateless person/asylum seeker in the complete submission of material information and evidence related to the request for international protection, and also, through cooperation with the alien or stateless person/asylum seeker, to assess individually, objectively and impartially all material facts indicated in the application for international protection.

Article 37. Time limits for examination of an application for international protection🔗

1. When an application for international protection is examined under the ordinary procedure, the Ministry shall adopt a decision within 6 months from its registration.

2. The time limit determined by paragraph 1 of this Article may be extended by no more than 9 months if:

a) complex factual and/or legal issues have been identified that require additional study;

b) a large number of applications for international protection have been submitted to the Ministry, which complicates the examination of the relevant application for international protection within the 6-month time limit.

3. After the time limit for examination of an application for international protection determined by paragraph 1 of this Article has been extended, if necessary, as an exception, where there is relevant justification, this time limit may be extended by no more than 3 months, in order to examine the application for international protection adequately and fully.

4. The examination of an application for international protection may be postponed if its examination within the time limit determined by paragraph 1 of this Article is impossible due to a temporary uncertain situation in the country of origin. In this case, the authorized official shall be obliged to study the situation in the country of origin once every 6 months.

5. In the case provided for by paragraph 4 of this Article, the time limit for examination of an application for international protection shall not exceed 21 months, which shall be counted from the registration of the application for international protection.

6. On the basis of paragraphs 2–4 of this Article, in the case of extension/postponement of the time limit for examination of an application for international protection, the authorized official shall, within 3 working days from the adoption of the decision on the extension/postponement of the time limit for examination of the application for international protection, notify the asylum seeker, in the manner established by Article 58 of this Law, of the extension/postponement of the time limit for examination of the application for international protection.

7. On the basis of paragraph 4 of this Article, in the case of postponement of the examination of an application for international protection, the authorized official shall also notify the asylum seeker of the reason for the postponement of the examination of the application for international protection. In the case of extension of the time limits for examination of an application for international protection provided for by paragraphs 2 and 3 of this Article, the asylum seeker shall be notified of the reason for the extension of the time limit for examination of the application for international protection upon his/her request.

8. An application for international protection shall be examined under the accelerated procedure and a decision shall be adopted within 1 month from its registration.

9. An application for international protection submitted by a person in respect of whom an expulsion procedure from Georgia is ongoing shall be examined and a decision shall be adopted within 1 month from its registration.

10. An application for international protection submitted by a person subject to extradition shall be examined and a decision shall be adopted within 1 month from the receipt of the extradition documentation.

11. An application for international protection submitted by a person with specific needs provided for by this Law, as well as an application for international protection in the case of clear substantiation of the existence of the circumstances defined by Articles 15 and 19 of this Law, shall be considered on a priority basis.

Article 38. Persecution and serious harm🔗

1. For the purposes of Article 15 of this Law, an act shall be considered persecution if:

a) it is, by its nature or repetition, sufficiently serious to constitute a severe violation of fundamental human rights, namely, of such rights whose restriction is inadmissible on the basis of paragraph 2 of Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms;

b) it is an accumulation of various acts (including violations of human rights) which is sufficiently severe and has an effect on the person similar to the act provided for by subparagraph „a“ of this paragraph.

2. Persecution provided for by paragraph 1 of this Article may take the following form/forms:

a) an act of physical violence (including sexual violence) or psychological violence;

b) a legal, administrative and/or judicial act or measure which is itself discriminatory or is carried out/enforced in a discriminatory manner;

c) criminal prosecution or punishment which is disproportionate or discriminatory;

d) refusal by a court to restore the violated right, resulting in disproportionate or discriminatory punishment;

e) criminal prosecution or punishment carried out on account of refusal of military service during an armed conflict, where military service included the crimes and acts which, in accordance with Article 18 of this Law, are grounds for excluding a person from refugee status;

f) an act which by its nature is related to sexual orientation, sex or a minor.

3. For the purposes of Article 19 of this Law, serious harm is:

a) a death sentence imposed on a person or the threat of their execution;

b) torture of a person in the country of origin or inhuman or degrading treatment or punishment of that person;

c) a serious, individual threat to the life or physical integrity of a civilian created by indiscriminate violence in a situation of international or internal armed conflict.

Article 39. Actor(s) of persecution and serious harm🔗

The actor(s) of persecution and serious harm may be:

a) the State;

b) a group or organisation controlling the entire territory of the State or a significant part of its territory;

c) non-State actor(s), where the actors defined by subparagraphs „a“ and „b“ of this Article (including international organisations) are unable or unwilling to protect the person from persecution or serious harm provided for by Article 38 of this Law.

Article 40. Actor of protection🔗

1. A person may be protected from persecution or serious harm by:

a) the State. At the same time, the State must be willing and able to effectively and durably protect the person from persecution or serious harm;

b) a group or organization that controls the entire territory of the State or a substantial part of its territory. At the same time, this group or organization must be willing and able to effectively and durably protect the person from persecution or serious harm.

2. Protection of a person from persecution or serious harm must be effective and must not be temporary. Such protection is ensured when the actors provided for by paragraph 1 of this Article take reasonable measures to prevent persecution or serious harm, including by establishing an effective legal system for the identification of persecution or serious harm, the conduct of criminal prosecution and punishment. Ensuring protection of a person from persecution or serious harm also includes access to such protection for the person.

Article 41. Interview with an asylum seeker🔗

1. When an application for international protection is examined under the ordinary procedure, an interview with the asylum seeker shall be conducted, except for the case provided for by paragraph 4 of Article 47 of this Law.

2. Upon his/her reasoned request, where such a possibility exists, the interview with the asylum seeker shall be conducted by an authorized official of the sex desired by him/her, and he/she shall use the services of an interpreter of the desired sex, except where the authorized official has grounds to presume that the said request is based on a circumstance not related to difficulties for the person to present without hindrance the grounds of his/her application for international protection.

3. The interview shall be conducted individually with every adult member of the family. In exceptional cases, the interview may be conducted with a minor member of the family by an authorized official with appropriate specialization, if the minor-oriented action provided for by subparagraph "f" of paragraph 2 of Article 38 of this Law is evident. An individual interview with an asylum seeker shall, as a rule, be conducted in the absence of family members.

4. During the interview, the asylum seeker shall be given the opportunity to explain those circumstances that may be missing from his/her application for international protection and/or be inconsistent/contradictory, as well as to explain the inconsistency/contradiction between the facts provided by him/her and the relevant information received from other sources (including information about the country of origin).

5. To ensure the accuracy of the relevant materials, the interview shall be documented in writing and recorded by a sound-recording device. The record of the interview and the audio recording shall be kept in the asylum seeker's personal file. The foreigner or stateless person shall be informed about the audio recording of the interview immediately upon its commencement.

Article 42. Consideration and assessment of an application for international protection🔗

1. An application for international protection shall be considered individually and the substantive facts indicated in the submitted application for international protection shall be assessed, which relate to the identity of the foreigner or stateless person/asylum seeker, the country of origin, travel documents, the travel route, the ground of the application for international protection and the documentation submitted in original form in connection with this ground.

2. When assessing an application for international protection, the following circumstances shall be taken into account:

a) information available at the time of taking a decision in connection with the application for international protection about the country of origin (including the legislation of the country of origin, the regulatory norms existing in the country of origin and the methods of their enforcement);

b) statements and documentation submitted by the foreigner or stateless person/asylum seeker as to whether he/she was in the past or will become in the future a victim of persecution or serious harm;

c) the individual situation and circumstances of the foreigner or stateless person/asylum seeker (including origin, sex and age), in order to assess the extent to which persecution or serious harm may be the act which the foreigner or stateless person/asylum seeker faced or may face on the basis of personal circumstances;

d) whether, after leaving the country of origin, the sole or main purpose of the actions of the foreigner or stateless person/asylum seeker was to create the ground for submitting an application for international protection, in order to assess whether these actions will create for him/her a risk of persecution or serious harm in the event of return to the country of origin.

3. The fact that the foreigner or stateless person/asylum seeker was persecuted in the past, or suffered serious harm, or a direct threat of inflicting persecution or serious harm was applied against him/her, is an important circumstance for well-founded fear of persecution or the existence of a real risk of inflicting serious harm, except for the case where there is a well-founded assumption that such persecution or serious harm will not recur.

4. When assessing the well-founded fear of persecution of the foreigner or stateless person/asylum seeker or the real risk of inflicting serious harm to him/her, the authorised official shall rely on the circumstances which arose in the country of origin directly before the foreigner or stateless person/asylum seeker left this country or after leaving it.

5. If the individual circumstances indicated in the application for international protection are not supported by relevant documents or other evidence, such circumstances do not need to be proved in the case of the joint existence of the following circumstances:

a) the foreigner or stateless person/asylum seeker used all means at his/her disposal to substantiate the request for international protection;

b) the alien or stateless person/asylum seeker has submitted all information relevant for the examination of the case and, at the same time, has satisfactorily explained the absence of other relevant information;

c) the information submitted by the alien or stateless person/asylum seeker is consistent, credible and does not contradict the information available about the country of origin;

d) the alien or stateless person/asylum seeker applied for international protection as soon as such an opportunity arose, unless he/she has indicated a reason impeding the application for international protection;

e) the general credibility of the information submitted by the alien or stateless person/asylum seeker has been established.

Article 43. Obtaining and examination of information and substantive evidence related to an application for international protection🔗

1. The authorised official shall obtain the information and available substantive evidence necessary for assessing the application for international protection.

2. In the process of examining the application for international protection and taking a decision, both the information and documentary evidence obtained by the authorised official and the information and documentary evidence submitted in original form by the alien or stateless person/asylum seeker (if any) shall be assessed.

3. The authorised official shall assess the information obtained about the country of origin.

4. After the delivery to the alien or stateless person/asylum seeker of the Ministry's decision on granting international protection or on refusal to grant international protection, upon the request of the alien or stateless person/asylum seeker or his/her legal representative or a lawyer holding the relevant power of attorney, the authorised official shall, in accordance with the legislation of Georgia, issue the information and documentation obtained in connection with the application for international protection.

Article 44. Examination of an application for international protection by an unaccompanied minor🔗

1. An application for international protection by an unaccompanied minor shall be examined in accordance with the procedure provided for by this Law, taking into account the best interests of the minor.

2. An interview with an unaccompanied minor shall be conducted in the presence of his/her legal representative, as well as in the presence of a lawyer holding the relevant power of attorney (if any).

3. An interview with an unaccompanied minor shall be conducted by the authorised official who has the specialisation necessary for interviewing a minor.

4. When carrying out the asylum procedure, the authorised official shall take into account the age and abilities of the unaccompanied minor (including the level of development, perception and communication skills).

Article 45. Consideration of the issue of granting derivative status🔗

1. A person enjoying international protection shall, in order to initiate the procedure for granting derivative status to a member of his/her family, apply in writing to the Migration Department of the Ministry.

2. A person enjoying international protection shall attach to the application provided for by paragraph 1 of this Article documentation confirming the family relationship (if any).

3. Based on the principle of family unity, the right of a family member of a person enjoying international protection to acquire derivative status may be established after the granting of international protection to the asylum seeker.

4. For the purpose of granting derivative status, an interview shall be conducted with every adult member of the family of the person enjoying international protection.

5. An authorised official, for the purpose of granting derivative status, in order to establish a family relationship, shall examine the documentation submitted for this purpose in the course of the asylum procedure (if any) and the relevant circumstances.

6. At the interview conducted for the purpose of granting derivative status, in order to confirm a family relationship, the original of the document confirming the fact of family membership shall be presented (if any).

7. If a person enjoying international protection applies to the Migration Department of the Ministry with an application for granting derivative status to a member of his/her family, the authorised official shall consider the issue of granting derivative status within 1 month.

Article 46. Consideration of an application for international protection of a presumed victim of torture, inhuman or degrading treatment or violence🔗

An alien or stateless person/asylum seeker who claims to be a victim of torture, inhuman or degrading treatment or violence, or who has signs of such a victim, shall have access to appropriate medical and psychological assistance before consideration of his/her application for international protection.

Article 47. Consideration of an application for international protection of an alien or stateless person/asylum seeker with mental or intellectual/mental disorders🔗

1. If there is reasonable doubt that an alien or stateless person/asylum seeker has mental or intellectual/mental disorders, the Ministry shall, if necessary, immediately apply to the guardianship and curatorship authority defined by the legislation of Georgia, proceeding from the psychosocial needs of the alien or stateless person/asylum seeker, for the purpose of conducting an expert examination and appointing a supporter for him/her in the manner established by the legislation of Georgia.

2. Consideration of an application for international protection of an alien or stateless person/asylum seeker with persistent mental or intellectual/mental disorders shall be suspended until a supporter is appointed for him/her. During this period, the alien or stateless person/asylum seeker shall enjoy the rights provided by this Law for an asylum seeker.

3. Questionnaire survey and interview with the alien or stateless person/asylum seeker provided for by paragraph 1 of this Article shall be conducted by an authorised official who has undergone special training, and, if necessary, a specialist in the relevant field shall also participate in the questionnaire survey and interview.

4. An interview with an alien or stateless person/asylum seeker may not be conducted if, for a reason independent of him/her, he/she is unable to provide adequate information to the authorised official. In this case, a decision on international protection shall be made on the basis of other information and documentation obtained through the procedures provided for by this Law.

Article 48. Withdrawal of an application for international protection🔗

1. On the basis of a written request of an alien or stateless person/asylum seeker, his/her legal representative or an attorney holding the appropriate power of attorney, an application for international protection may be withdrawn at any stage of its consideration.

2. The authorized official shall notify the alien or stateless person/asylum seeker in writing, in a language understandable to him/her or in a language that he/she understands, as may reasonably be considered, of the legal consequences of withdrawal of the application for international protection, on which a relevant protocol shall be drawn up. This protocol shall be signed by the authorized official, the interpreter and the alien or stateless person/asylum seeker, his/her legal representative or an attorney holding the appropriate power of attorney.

3. On the basis of withdrawal of the application for international protection, the authorized official shall adopt a decision on termination of consideration of the application for international protection within 7 working days from the signing by the alien or stateless person/asylum seeker of the relevant protocol. This decision (in Georgian, as well as translated into a language understandable to him/her or into a language that he/she understands, as may reasonably be considered) shall be served on the alien or stateless person/asylum seeker in writing, in accordance with the procedure established by Article 58 of this Law, within 3 working days, indicating the procedure established by the same Law for appealing it to court.

4. The alien or stateless person/asylum seeker shall, after submitting an application for withdrawal of the application for international protection, surrender to the Ministry the certificate/temporary identification card on the request for international protection and leave Georgia within the period determined by Georgian legislation, if there is no other legal basis for his/her stay in Georgia.

5. After service on the alien or stateless person of the decision on termination of consideration of the application for international protection in accordance with the procedure established by Article 58 of this Law, he/she shall have the right to submit to the Migration Department of the Ministry a repeated application for international protection only if there are new circumstances relating to his/her case that became known to him/her after the withdrawal of the application for international protection. In the case of submission of a repeated application for international protection, the alien or stateless person shall indicate the appropriate reasons for the withdrawal of the application for international protection and for the repeated request. A repeated application for international protection shall be considered in accordance with the procedure established by Article 52 of this Law.

6. In the case of withdrawal of an application for international protection, including appeal to court, in accordance with the procedure established by this Law, of the decision on termination of consideration of an application for international protection, an alien or stateless person shall not be considered an asylum seeker from the day of delivery to him/her of the decision on termination of consideration of the application for international protection in accordance with the procedure established by Article 58 of this Law. Accordingly, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and from the moment of delivery of the said decision to the alien or stateless person, his/her expulsion or extradition from Georgia shall be permissible.

7. In the case of appeal to court of the decision provided for by paragraph 6 of this Article − an individual administrative-legal act − an alien or stateless person shall not enjoy the rights established by Article 66 of this Law, including the right to free legal assistance and the right to exemption from payment of state fee during court dispute proceedings defined by subparagraphs „e“ and „l“ of the first paragraph of the same Article.

Article 49. Termination of asylum procedure🔗

1. The asylum procedure shall be terminated if a foreigner or stateless person/asylum seeker:

a) withdraws the application for international protection in accordance with Article 48 of this Law;

b) does not cooperate with the Ministry;

c) does not notify the Migration Department of the Ministry/the court of mandatory contact information;

d) does not notify the Migration Department of the Ministry/the court of the relevant contact information within 3 working days in the event of its change;

e) fails to appear for the completion of the questionnaire or for an interview twice for an unjustified reason;

f) fails to appear for an interview in the case provided for by paragraph 2 of Article 52 of this Law;

g) fails to appear at the Migration Department of the Ministry within the period defined by paragraph 6 of Article 26 of this Law and/or does not notify the Migration Department of the Ministry of mandatory contact information;

h) in the event of release from a penitentiary institution, fails to appear at the Ministry within the period defined by subparagraph "c" of paragraph 1 of Article 27 of this Law or by paragraph 7 and/or does not submit mandatory contact information to the Ministry;

i) when submitting an application for international protection or during the completion of the questionnaire, does not submit the mandatory contact information provided for by paragraph 5 of Article 35 of this Law;

j) leaves Georgia;

k) dies.

2. In the event of the existence of the circumstance defined by subparagraph "j" of paragraph 1 of this Article, the asylum procedure shall also be terminated during court proceedings related to the request for, granting, cessation, revocation or withdrawal of international protection, extension of subsidiary protection or temporary protection, or refusal to extend subsidiary protection or temporary protection.

3. The Ministry's decision on the termination of the asylum procedure shall be delivered to the foreigner or stateless person in accordance with the procedure established by Article 58 of this Law.

4. In the event of termination of the examination of an application for international protection on any of the grounds defined by paragraph 1 of this Article, the foreigner or stateless person shall not be considered an asylum seeker from the day of delivery to him/her of the decision on the termination of the asylum procedure in accordance with the procedure established by Article 58 of this Law. Accordingly, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and from the moment of delivery of the said decision to the foreigner or stateless person, his/her expulsion from Georgia or extradition shall be permissible.

5. In the event of appealing to court the decision provided for by paragraph 4 of this Article − an individual administrative-legal act − the foreigner or stateless person shall not enjoy the rights established by Article 66 of this Law, including the right to free legal aid and the right to exemption from payment of the state fee during court proceedings defined by subparagraphs "e" and "l" of paragraph 1 of the same Article.

Article 50. Decision on granting refugee status or additional protection to an asylum seeker or on refusing to grant refugee status or additional protection🔗

1. The authorised official shall substantiate in writing the grounds for granting refugee status or additional protection to an asylum seeker or for refusing to grant refugee status or additional protection.

2. The decision on granting refugee status or additional protection to an asylum seeker or on refusing to grant refugee status or additional protection (in Georgian, as well as translated into a language understandable to him/her or a language that he/she understands, as may reasonably be considered) shall be delivered to the asylum seeker in accordance with the procedure established by Article 58 of this Law, indicating the procedure established by this Law for appealing it to a court.

3. If the applications for international protection of family members of an alien or a stateless person/asylum seeker are based on the same grounds, or a family member is added during the asylum procedure (including court proceedings), the decision on international protection, including a court judgment that has entered into legal force, shall also extend to the family member(s) of the alien or stateless person/asylum seeker, except where the relevant ground provided for by Article 17, 18, 20 or 21 of this Law exists. Where necessary to establish a family link, an interview shall be conducted with the persons defined by this paragraph.

4. The decision on granting refugee status or additional protection to an asylum seeker or on refusing to grant refugee status or additional protection shall be based on the substantive factual circumstances of the case and the relevant evidence.

5. After the Ministry's decision on refusing to grant refugee status or additional protection to an asylum seeker enters into legal force, or, where the said decision is appealed to a court in accordance with the procedure established by this Law, after the court judgment on refusing to grant refugee status or additional protection enters into legal force, the alien or stateless person shall be obliged to leave Georgia in accordance with the procedure established by the Law of Georgia "On the Legal Status of Aliens and Stateless Persons", unless there is another legal ground for his/her stay in Georgia.

Article 51. Decision on the extension of additional protection or refusal to extend additional protection🔗

1. An authorized official shall make a decision on the extension of additional protection or refusal to extend additional protection based on the relevant materials of the case, taking into account the circumstances existing at the time of making the decision.

2. If the circumstances due to which the person was granted additional protection no longer exist, the person shall be refused extension of additional protection.

3. The Ministry’s decision on the extension of additional protection or refusal to extend additional protection shall be delivered to the person with additional protection in the manner established by Article 58 of this Law.

4. Before completion of the procedure for the extension of additional protection or refusal to extend additional protection, including before the relevant court judgment enters into legal force, the person with additional protection has all rights and obligations related to his or her status.

Article 52. Repeated application for international protection and procedural guarantees🔗

1. If a foreigner or stateless person has had refugee status or subsidiary protection terminated, revoked or withdrawn, or has been refused continuation of subsidiary protection, or the asylum procedure in Georgia has been completed, the foreigner or stateless person has the right to submit a repeated application for international protection if:

a) changes have occurred in the country of origin that may give rise to a need for his/her international protection;

b) there are new factual circumstances that were not considered during the assessment of the circumstances indicated in the previous application for international protection, the failure to submit information about which was not his/her fault, and which may give rise to a need for his/her international protection.

2. An authorized official shall preliminarily examine, study and assess the explanations and new circumstances indicated in the repeated application for international protection of a foreigner or stateless person, so that his/her return to the country of origin does not violate the principle of non-refoulement established by Article 8 of this Law and the fundamental human rights recognized by international law. If necessary, in order to establish the existence of any of the grounds provided for by paragraph 1 of this Article and/or the circumstance defined by paragraph 2 of Article 16 of this Law, an interview with the foreigner or stateless person shall be conducted within the framework of the preliminary examination of the repeated application for international protection. In the event of failure of the foreigner or stateless person to appear at this interview for an unjustified reason, the Ministry shall adopt a decision on termination of the asylum procedure.

3. If the preliminary examination of the repeated application for international protection establishes that it does not meet the criteria defined by paragraph 1 of this Article, the Ministry, no later than 10 calendar days from the registration of the repeated application for international protection, shall issue, without substantive examination thereof, an individual administrative-legal act on declaring the repeated application for international protection inadmissible. This decision (in Georgian, as well as translated into a language understandable to him/her or a language that he/she understands, as may reasonably be considered) shall be served on the foreigner or stateless person in accordance with the procedure established by Article 58 of this Law, with an indication of the procedure established by this Law for appealing it in court.

4. If the repeated application for international protection meets the criteria defined by paragraph 1 of this Article, the Ministry, no later than 10 calendar days from its registration, shall adopt a decision on declaring the repeated application for international protection admissible, and shall issue an individual administrative-legal act in this regard. In this case, the foreigner or stateless person shall be considered an asylum seeker from the moment the said act is served on him/her.

5. It shall be inadmissible to deport or extradite an alien or a stateless person from Georgia to the country of origin from the moment of his/her first submission of a repeated application for international protection until the delivery to him/her of the Ministry's first individual administrative-legal act provided for by paragraph 3 or paragraph 4 of this Article.

6. After the delivery to an alien or a stateless person of the individual administrative-legal act provided for by paragraph 3 of this Article, as well as in the event of his/her appealing that act in court, the alien or stateless person shall not be considered an asylum seeker, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and from the moment of the delivery of the said act to him/her his/her deportation or extradition from Georgia shall be permissible. If, after the issuance of the Ministry's first individual administrative-legal act provided for by paragraph 3 of this Article, the alien or stateless person has again submitted a repeated application for international protection, he/she shall not be considered an asylum seeker, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and his/her deportation or extradition from Georgia shall be permissible.

7. In the event of appealing in court the individual administrative-legal act provided for by paragraph 3 of this Article, the alien or stateless person shall not enjoy the rights established by Article 66 of this Law, including the right to free legal assistance and the right to exemption from payment of the state fee in the conduct of a court dispute as defined by subparagraphs „e“ and „l“ of paragraph 1 of the same Article.

Article 53. Family Reunification🔗

1. In order to start the family reunification procedure for the purpose of reunification with a family member/members located outside the borders of Georgia, a refugee or a person with subsidiary protection shall apply to the Migration Department of the Ministry with a written application on family reunification.

2. A refugee or a person with subsidiary protection shall attach to the application on family reunification all possible evidence confirming his/her family relationship with the family member/members (if any).

3. An authorized official competent to establish a family relationship shall, individually, within 1 month, consider the application on family reunification and the attached evidence (if any). If necessary, an interview shall be conducted to establish the family relationship.

4. In the case of establishing a family relationship, the authorized official shall, as necessary, apply to the Ministry of Foreign Affairs of Georgia regarding the issuance of a visa to Georgia to the family member/members of the refugee or person with subsidiary protection.

5. Taking into account the principle of family unity, in the case of entry into the territory of Georgia by a family member of a refugee or a person with subsidiary protection and application to the Migration Department of the Ministry with a corresponding application, he/she shall be granted the same form of international protection as has been granted to the refugee or person with subsidiary protection.

6. In the case provided for by paragraph 5 of this Article, a family member of a refugee or a person with subsidiary protection shall apply to the Migration Department of the Ministry with a corresponding application within 30 calendar days from entry into the territory of Georgia. If a family member of a refugee or a person with subsidiary protection has violated this time limit for an unjustified reason, the Ministry shall issue an individual administrative-legal act on refusal to admit the application for international protection to proceedings.

7. A refugee or a person with subsidiary protection may be refused family reunification if there is a relevant ground provided for by Articles 17, 18, 20 or 21 of this Law in respect of his/her family member.

Article 54. Family reunification of an unaccompanied minor🔗

1. After granting refugee status or subsidiary protection to an unaccompanied minor in accordance with the procedure established by this Law, his/her guardian/curator/support person shall determine the best interests of this minor.

2. On the basis of paragraph 1 of this Article, if the unaccompanied minor who is a refugee or a person enjoying subsidiary protection consents, the authorized official shall initiate the family reunification procedure.

3. The guardian/curator/support person of the unaccompanied minor who is a refugee or a person enjoying subsidiary protection shall submit to the Migration Department of the Ministry an application for family reunification of this minor. He/she shall attach to the said application all possible evidence confirming the family relationship of the family member(s) with the minor (if any) and a conclusion on the determination of the best interests of the minor.

4. For the purpose of establishing a family relationship, the authorized official shall consider individually, within 1 month, the application for family reunification and the attached evidence (if any).

5. If a family relationship is established, the authorized official shall, as necessary, apply to the Ministry of Foreign Affairs of Georgia for the issuance of a Georgian visa to the family member(s) of the unaccompanied minor who is a refugee or a person enjoying subsidiary protection.

6. Taking into account the principle of family unity, if the family member of an unaccompanied minor who is a refugee or a person enjoying subsidiary protection enters the territory of Georgia and applies to the Migration Department of the Ministry with a corresponding application, he/she shall be granted the same form of international protection that this person has been granted.

7. In the case provided for by paragraph 6 of this Article, the family member of an unaccompanied minor who is a refugee or a person enjoying subsidiary protection shall apply to the Migration Department of the Ministry with a corresponding application within 30 calendar days from entering the territory of Georgia. If the family member of an unaccompanied minor who is a refugee or a person enjoying subsidiary protection has violated this time limit without a valid reason, the Ministry shall issue an individual administrative-legal act on refusal to admit the application for international protection to proceedings.

8. An unaccompanied minor who is a refugee or a person enjoying subsidiary protection may be refused family reunification if there is a corresponding ground provided for by Articles 17, 18, 20 or 21 of this Law with respect to his/her family member.

Article 55. Appeal against a decision of the Ministry🔗

1. Any decision adopted by the Ministry on the basis of this Law may be appealed to a court in accordance with the procedure established by Article 58 of this Law within 10 calendar days of its delivery, except for the cases provided for by Articles 31 and 33 of this Law.

2. Before the court judgment enters into legal force, an asylum seeker/a person enjoying international protection shall enjoy the rights and guarantees provided for by this Law and shall bear the obligations determined by this Law.

3. In the case of withdrawal by an alien or a stateless person/an asylum seeker of a claim/an appeal, of an appeal against a ruling adopted by the court on the said issue and/or of re-application to the court in connection with an international protection issue, the alien or stateless person shall not be considered an asylum seeker, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and his/her extradition to a foreign state or expulsion from Georgia shall be permissible.

4. After the expiry of the time limit determined by paragraph 1 of this Article, the relevant decision shall enter into legal force. In the case of an appeal to a court against the said decision in violation of this time limit, the alien or stateless person shall not be considered an asylum seeker, the principle of non-refoulement established by Article 8 of this Law shall not apply to him/her, and his/her extradition to a foreign state or expulsion from Georgia shall be permissible.

Article 56. Submission of an application for granting refugee status by a person enjoying subsidiary protection🔗

1. A person enjoying subsidiary protection shall have the right to individually submit an application for granting refugee status only if the legal ground and factual circumstances for granting refugee status provided for by Article 15 of this Law arose after subsidiary protection was granted to him/her, taking into account the circumstances determined by Article 16 of this Law. During the period of consideration of the said application, the person enjoying subsidiary protection shall enjoy the rights provided for by this Law for a person enjoying subsidiary protection and shall bear the obligations determined by this Law.

2. An application for granting refugee status provided for by this Article shall be considered in accordance with the procedure established by Article 30 of this Law.

Article 57. Legal guarantees of an unaccompanied minor under temporary protection🔗

To ensure the legal guarantees of an unaccompanied minor under temporary protection:

a) he/she shall be identified immediately;

b) his/her application for international protection shall be registered immediately;

c) within 10 working days, a guardian/curator/supporter shall be appointed to him/her in accordance with the procedure established by the legislation of Georgia;

d) he/she shall be accommodated taking into account his/her best interests, and shall also be assisted in searching for parents and relatives.

Article 58. Procedure for communication with a foreigner or stateless person, asylum seeker or person enjoying international protection and for delivery of the Ministry's decision to him/her🔗

1. Communication with a foreigner or stateless person, asylum seeker or person enjoying international protection shall be carried out by posting the relevant notice on the relevant website of the Ministry. Any decision adopted by the Ministry on the basis of this Law shall be deemed delivered to the foreigner or stateless person, asylum seeker or person enjoying international protection from the day following the day of posting of this decision on the relevant website of the Ministry. Information on the posting of the said notice or decision on the relevant website of the Ministry shall be sent to the foreigner or stateless person, asylum seeker or person enjoying international protection in a language understandable to him/her or in a language that he/she understands, as may reasonably be considered, in the form of a short text message to the mobile phone number last indicated by him/her.

2. A foreigner or stateless person, asylum seeker or person enjoying international protection shall be obliged to:

a) keep the username and password transferred to him/her;

b) in the event of loss of the username and/or password or inability to log in to the relevant website of the Ministry, immediately apply to the Ministry to restore the username and/or password;

c) after receiving information on the posting of the notice and/or decision on the relevant website of the Ministry in the form of a short text message, review this notice and/or decision using the username and password.

3. The requirements defined by paragraph 1 of this Article and related to the posting of the notice and decision on the relevant website of the Ministry shall not apply to a foreigner or stateless person, asylum seeker or person enjoying international protection who applied for international protection in a penitentiary establishment or temporary accommodation centre and who, at the time of adoption of the said decision, is in the same establishment or centre. If a foreigner or stateless person, asylum seeker or person enjoying international protection is in a penitentiary establishment, the relevant notice and/or decision shall be sent through the electronic document management system to the state sub-agency within the system of the Ministry of Justice of Georgia – the Special Penitentiary Service – for delivery to him/her. If a foreigner or stateless person, asylum seeker or person enjoying international protection is in a temporary accommodation centre, the relevant notice and/or decision shall be delivered to him/her in person, which he/she shall confirm by signature.

4. In the cases provided for by subparagraphs "c" and "f"–"i" of paragraph 1 of Article 49 of this Law, a decision on termination of the asylum procedure shall enter into force within 15 days from its adoption.

5. In the event of a person enjoying international protection leaving Georgia, the decision on termination, revocation or withdrawal of the status granted to him/her, as well as the decision on extension of additional protection or temporary protection or refusal to extend additional protection or temporary protection, shall be posted on the relevant website of the Ministry. The decision provided for by this paragraph shall also be sent to the person enjoying international protection to the email address indicated by him/her. In the event of failure by the person enjoying international protection to provide the Ministry with information on the email address, the decision provided for by this paragraph shall enter into force within 15 days from its adoption.

6. The procedure for posting on the relevant website of the Ministry of the notification and decision provided for by the first paragraph of this Article shall be established by the Minister.

Article 59. Procedure for delivery to a person of a court judgment, ruling and court notice🔗

1. Within the framework of a court dispute related to the application for, granting, termination, revocation or withdrawal of international protection, as well as extension of additional protection or temporary protection or refusal to extend additional protection or temporary protection, a court judgment, ruling or court notice shall be delivered to the person in accordance with the procedure established by the first paragraph of Article 58 of this Law.

2. The court judgment, ruling or court notice provided for by the first paragraph of this Article shall be delivered to the person only in the Georgian language.

3. Any judgment or ruling adopted by the court on the basis of this Law and a court notice shall be considered delivered to the person from the day following the day of posting of this judgment or ruling and the court notice on the relevant website of the Ministry.

4. For the purposes provided for by this Article, the relevant database of the Ministry shall be accessible to persons authorized by the court.

Article 60. Grounds for termination of refugee status🔗

1. A person's refugee status shall be terminated if:

a) he/she has acquired the citizenship of Georgia;

b) he/she has voluntarily availed himself/herself of the protection of the country of origin;

c) after losing the citizenship of the country of origin, he/she has voluntarily re-acquired its citizenship;

d) he/she has acquired the citizenship of another country and enjoys the protection of that country;

e) he/she has voluntarily settled in the country which he/she left or outside the borders of which he/she was staying owing to fear of persecution;

f) he/she cannot refuse the protection of the country of origin, since the circumstances on account of which he/she was granted refugee status no longer exist;

g) he/she has applied to the Migration Department of the Ministry with a statement on the termination of refugee status;

h) he/she has crossed the state border of Georgia and 1 month has elapsed since the expiry of the residence certificate;

i) he/she has died.

2. The effect of subparagraph „f“ of paragraph 1 of this Article shall not extend to a refugee if, taking into account his/her earlier persecution in the country of origin, he/she can submit information on a substantiated reason for refusing to avail himself/herself of the protection of that country.

3. Termination of the refugee status granted to a person is grounds for invalidating the residence certificate and the refugee travel document issued to him/her.

Article 61. Grounds for termination of subsidiary protection or temporary protection🔗

1. A person's subsidiary protection or temporary protection shall be terminated if:

a) he/she has acquired the citizenship of Georgia;

b) he/she has acquired the citizenship of another country and enjoys the protection of that country;

c) he/she has voluntarily settled in the country which he/she left or outside the borders of which he/she was staying owing to serious harm;

d) he/she cannot refuse the protection of the country of origin, since the circumstances on account of which he/she was granted subsidiary protection or temporary protection no longer exist;

e) he/she has voluntarily availed himself/herself of the protection of the country of origin;

f) after losing the citizenship of the country of origin, he/she has voluntarily re-acquired its citizenship;

g) he/she has been granted refugee status;

h) he/she has applied to the Migration Department of the Ministry with a statement on the termination of subsidiary protection or temporary protection;

i) he/she has crossed the state border of Georgia and 1 month has elapsed since the expiry of the residence certificate;

j) he/she has died.

2. The effect of subparagraph „d“ of paragraph 1 of this Article shall not extend to a person enjoying subsidiary protection if, taking into account the earlier serious harm inflicted on him/her in the country of origin, he/she can submit information on a substantiated reason for refusing to avail himself/herself of the protection of that country.

3. Termination of the subsidiary protection or temporary protection granted to a person is grounds for invalidating, respectively, the residence certificate issued to a person enjoying subsidiary protection and the travel passport, and the temporary residence certificate issued to a person enjoying temporary protection.

Article 62. Grounds for revocation or withdrawal of international protection🔗

1. International protection shall be revoked from a person if it becomes known that he or she did not meet the requirements of Article 15, 19 or 22 of this Law and/or submitted incorrect information and/or false documentation, namely:

a) The submission by the person of incorrect information and/or false documentation had a decisive influence on the granting of international protection to that person;

b) New circumstances have emerged which indicate that the person should not have enjoyed international protection;

c) The person has been recognized by the competent authority of another country of residence as having rights and obligations connected with possession of the citizenship of that country, and, consequently, he or she did not need international protection;

d) There are sufficient grounds for presuming that the person has committed an act provided for by Article 18, 21 or 24 of this Law.

2. International protection shall be withdrawn from a person if, after receiving international protection, he or she has been convicted in Georgia of committing an intentional grave or especially grave crime or a domestic crime, poses a threat to public safety and public order, or there are sufficient grounds for presuming that he or she will pose a threat to the state security of Georgia, its territorial integrity or public safety and public order.

3. The revocation or withdrawal of international protection from a person is grounds for revocation of the residence certificate and refugee travel document/travel passport issued to that person.

Article 63. Procedure for the cessation, revocation or withdrawal of international protection for a person, as well as the extension of subsidiary protection or refusal to extend it🔗

1. The Migration Department of the Ministry shall initiate the procedure for the cessation, revocation or withdrawal of international protection for a person, as well as the extension of subsidiary protection or refusal to extend it.

2. The authorised official shall notify the person enjoying international protection, in a language understandable to him/her or in a language that he/she understands, as may reasonably be considered, of the commencement of the procedure for the cessation, revocation or withdrawal of the international protection granted to him/her, as well as the extension of subsidiary protection or refusal to extend it.

3. In the cases provided for by subparagraphs “b”–“f” of paragraph 1 of Article 60 of this Law and subparagraphs “b”–“f” of paragraph 1 of Article 61, the authorised official shall ensure that an individual interview is conducted with an adult person enjoying international protection within 15 calendar days from the commencement of the procedure for the cessation, revocation or withdrawal of the international protection granted to him/her, as well as the extension of subsidiary protection or refusal to extend it, so that the said person is given the opportunity to submit information and explanations regarding the circumstances on the basis of which the procedure for the cessation, revocation or withdrawal of the international protection granted to him/her, as well as the extension of subsidiary protection or refusal to extend it, was commenced, and also to submit other information substantiating the need to extend the relevant status for this person.

4. If the person enjoying international protection is not in Georgia, or communication with him/her cannot be established in the manner prescribed by Article 58 of this Law, or he/she did not appear for the interview, the cessation, revocation or withdrawal of the international protection granted to him/her, as well as the extension of subsidiary protection or refusal to extend it, shall be carried out on the basis of the information available to the Migration Department of the Ministry.

5. If an alien or stateless person, within 1 month from the adoption of a decision by the Migration Department of the Ministry on the cessation, revocation or withdrawal of the international protection granted to him/her, as well as a decision on the extension of subsidiary protection or refusal to extend it, appears at the Migration Department of the Ministry and submits information on a valid reason for his/her failure to appear, after examination of the said reason, the authorised official shall adopt a decision on declaring invalid the relevant decision adopted on the basis of paragraph 4 of this Article and on scheduling an interview.

6. The interview shall be conducted in the manner prescribed by Article 41 of this Law.

7. During an interview on the termination, revocation or withdrawal of international protection for a person, as well as on the extension of subsidiary protection or refusal to extend it, the authorised official shall assess both the information obtained that substantiates the lawfulness of the termination, revocation or withdrawal of the status granted to that person, as well as the extension of subsidiary protection or refusal to extend it, and the information and evidence submitted by the said person (if any).

8. Until the completion of the procedure for the termination, revocation or withdrawal of international protection for a person, as well as the procedure for the extension of subsidiary protection or refusal to extend it, including until the court judgment enters into legal force, he/she has all the rights and obligations related to the respective status.

9. The time limit for the procedure provided for by paragraph 1 or paragraph 5 of this Article shall not exceed 1 month.

Article 64. Decision on the termination, revocation or withdrawal of international protection for a person, as well as decision on the extension of subsidiary protection or refusal to extend it🔗

1. A decision on the termination, revocation or withdrawal of international protection for a person, as well as a decision on the extension of subsidiary protection or refusal to extend it (in Georgian, as well as translated into a language understandable to him/her or a language he/she understands, as may reasonably be considered) shall be delivered to the person in the manner established by Article 58 of this Law, indicating the procedure established by this Law for appealing it to a court.

2. After the Ministry's decision on the termination, revocation or withdrawal of international protection for a person, as well as the Ministry's decision on the extension of subsidiary protection or refusal to extend it, enters into legal force, or, in the case of an appeal of the said decision to a court in the manner established by this Law, after the court judgment on the termination, revocation or withdrawal of international protection for the person, as well as the court judgment on the extension of subsidiary protection or refusal to extend it, enters into legal force, an alien or stateless person shall be obliged to leave Georgia in the manner established by the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”, unless there is another legal ground for his/her stay in Georgia.

3. In the event of non-fulfilment of the obligation provided for by paragraph 2 of this Article, the issue of the expulsion of an alien or stateless person from Georgia shall be regulated in accordance with the Law of Georgia “On the Legal Status of Aliens and Stateless Persons”.

Article 65. Termination, revocation or withdrawal of derivative status🔗

1. Termination, revocation or withdrawal of the status granted to a refugee or a person with additional protection entails the termination, revocation or withdrawal of the derivative status of his/her family member, except where the said family member meets the requirements defined by Article 15 or Article 19 of this Law. The issue of termination, revocation or withdrawal of the derivative status of a family member shall be considered by an authorised official individually, in accordance with the procedure established by a normative act of the Minister.

2. To a refugee or a person with additional protection provided for by paragraph 1 of this Article, whose family member's derivative status has been terminated, revoked or withdrawn, the relevant decision shall be handed over in accordance with the procedure established by Article 58 of this Law.

Article 66. Rights of an asylum seeker🔗

1. An asylum seeker shall have the right to:

a) not to be extradited, directly or indirectly, or expelled from Georgia to the country of origin during the asylum procedure;

b) receive information about his/her rights and obligations and the asylum procedure;

c) at his/her reasoned request, if such possibility exists, have the interview conducted by an authorised official of the sex desired by him/her and benefit from the services of an interpreter of the desired sex;

d) benefit from the free services of an interpreter during the asylum procedure;

e) in court proceedings related to the request for, granting, termination, revocation or withdrawal of international protection, as well as the extension of subsidiary protection or temporary protection or refusal to extend it, enjoy the right to free legal aid in accordance with the Law of Georgia on Legal Aid;

f) during the substantive examination of an application for international protection by the Migration Department of the Ministry, in accordance with this Law and the Order of the Minister, remain in the reception centre, except when he/she is in a penitentiary establishment, a temporary placement isolator of the Ministry or a temporary accommodation centre, or a temporary placement isolator of the State Security Service of Georgia;

g) in the event of recognition of an application for international protection as admissible, receive an asylum seeker's certificate, and on the basis of this certificate – a temporary identification certificate. A temporary identification certificate shall not be issued when the asylum seeker is in a penitentiary establishment or a temporary accommodation centre of the Ministry;

h) in the event of recognition of an application for international protection as admissible by the Migration Department of the Ministry, be provided with socio-economic and living conditions within the framework established by the legislation of Georgia;

i) enjoy the right to receive preschool and general education in the same manner as a citizen of Georgia, as well as, in accordance with the procedure established by the legislation of Georgia, enjoy the right to receive vocational education and higher education;

j) enjoy state healthcare programmes in the same manner as a citizen of Georgia, except for exceptional cases determined by the legislation of Georgia;

k) voluntarily withdraw the application for international protection;

l) in court proceedings related to the request for, granting, termination, revocation or withdrawal of international protection, as well as the extension of subsidiary protection or temporary protection or refusal to extend subsidiary protection or temporary protection, be exempt from payment of the state fee;

m) in accordance with the legislation of Georgia, enjoy the right to work, in particular, be employed independently or through another employer;

n) in accordance with the procedure established by the legislation of Georgia, enjoy the right to apply to administrative bodies and the court;

o) be informed about the possibility of contacting the Representation of the United Nations High Commissioner for Refugees;

p) enjoy the rights conferred by Georgian legislation on an alien and a stateless person, unless otherwise provided by this law.

2. If an alien or a stateless person is not considered an asylum seeker, the rights provided for by this Article shall not apply to him/her.

Article 67. Duties of an asylum seeker🔗

An asylum seeker shall:

a) observe the Constitution of Georgia, this Law and other legislative and subordinate acts of Georgia, and respect local culture, traditions and customs;

b) not leave Georgia during the asylum procedure, including during court proceedings related to an application for or the grant of international protection;

c) submit, as soon as possible, all information, evidence and originals of available documents necessary to substantiate the application for international protection, and cooperate with the authorised official in the process of their assessment, as well as credibly explain the reasons for the failure to submit or absence of information and evidence;

d) tell the truth and cooperate with the Migration Department of the Ministry in order to fully establish all relevant circumstances indicated in his/her application for international protection;

e) explain any inconsistency identified in the course of the asylum procedure;

f) present and surrender to the authorised official identification documents, including travel documents (if any);

g) notify the Migration Department of the Ministry, in connection with the application for international protection, of a change in the circumstances indicated in the application for international protection;

h) notify the authorised official of the Migration Department of the Ministry or the court of the mobile telephone number, e-mail address and actual place of residence address (if any), and also notify the Migration Department of the Ministry or the court in writing within 3 working days of a change in the mobile telephone number, e-mail address and actual place of residence address, a change in legal or civil status, as well as the loss or damage of an identification document issued by the relevant state agency responsible for the enforcement of this Law;

i) apply to the Ministry, no later than 30 calendar days before the expiry of the residence certificate, with a request for the issuance of the relevant certificate and, on its basis, request the issuance of a new residence certificate from the Legal Entity of Public Law operating in the area of governance of the Ministry of Justice of Georgia – the State Services Development Agency (hereinafter – the State Services Development Agency), and in the event of its loss or damage, immediately apply to the Ministry with a request for the issuance of the relevant certificate and request a new residence certificate from the State Services Development Agency;

j) have a photograph taken, provide fingerprints and palm prints and, at the request of an authorised official in accordance with the procedure established by the legislation of Georgia, undergo the relevant medical examination;

k) in the event of placement in a reception centre, comply with the internal rules of the reception centre;

l) after the Ministry's decision on refusal to grant refugee status, subsidiary protection or temporary protection enters into legal force, shall leave Georgia in accordance with the procedure established by the Law of Georgia "On the Legal Status of Aliens and Stateless Persons", if there is no other legal basis for his/her stay in Georgia;

m) within 10 days from the Ministry's adoption of a decision on granting refugee status or subsidiary protection, or on refusal to grant refugee status or subsidiary protection, shall leave the reception centre.

Article 68. Rights of a refugee and a person with additional protection🔗

1. A refugee and a person with additional protection shall have the right:

a) to be informed about the form (status) of international protection granted to him/her under this Law, as well as about the rights and obligations arising from the said status;

b) to receive a temporary residence certificate and a certificate on the granting of refugee status or additional protection;

c) to freely choose a place of residence and move within the territory of Georgia, except in exceptional cases arising from the needs of state security, public security and public health protection of Georgia;

d) to register civil acts in accordance with the procedure established by the legislation of Georgia;

e) to remain in the reception centre for 10 days from the granting of refugee status or additional protection;

f) to receive the monthly allowance determined by the legislation of Georgia from the month following the month of submission of a written request and the residence certificate;

g) in accordance with the Organic Law of Georgia on Georgian Citizenship, to apply to the Public Service Development Agency for the acquisition of Georgian citizenship through naturalization;

h) to travel to another country (except the country of origin) subject to the time limits determined by subparagraph „h“ of paragraph 1 of Article 60, subparagraph „i“ of paragraph 1 of Article 61, and subparagraph „a“ of paragraph 2 of Article 70 of this Law;

i) to enjoy, in the same manner as a citizen of Georgia, the right to preschool education and general education, as well as, in accordance with the procedure established by the legislation of Georgia, the right to vocational education and higher education and the procedures for recognition of documents certifying education and qualifications obtained in another country;

j) to enjoy, in the same manner as a citizen of Georgia, healthcare and social state programmes, except for exceptional cases determined by the legislation of Georgia;

k) to enjoy, in the same manner as a citizen of Georgia, the right to work, in particular, to be employed independently or through another employer;

l) to enjoy the right to family reunification;

m) to enjoy, in accordance with the procedure established by the legislation of Georgia, the right to apply to administrative bodies and the court;

n) to enjoy the rights granted by the legislation of Georgia to an alien and a stateless person, unless otherwise provided by this Law;

o) after the Ministry adopts a decision on termination, revocation or deprivation of refugee status or additional protection, or a decision on refusal to extend additional protection, as well as, in the case of appeal of the said decision to the court in accordance with the procedure established by this Law, after the court judgment enters into legal force, to return to the Ministry the travel document/travel passport submitted to the Ministry.

2. On the basis of an application by the Ministry, a refugee shall be issued a temporary residence certificate as defined by Articles 27 and 28 of the 1951 UN Convention relating to the Status of Refugees, for a period of 3 years, and a refugee travel document.

3. On the basis of an application by the Ministry, a person with additional protection shall be issued a temporary residence certificate for the term of validity of his/her status and a travel passport.

4. The forms of and rules for issuing a refugee travel document and a travel passport shall be determined by the Minister of Justice of Georgia.

Article 69. Obligations of a refugee and a person with additional protection🔗

A refugee and a person with additional protection shall be obliged to:

a) observe the Constitution of Georgia, this Law and other legislative and subordinate normative acts of Georgia, and respect local culture, traditions and customs;

b) within 3 working days from the occurrence of the relevant circumstance, notify in writing the Migration Department of the Ministry or the court of a change in mobile telephone number, e-mail address and actual place of residence address, as well as of a change in legal or civil status;

c) no later than 30 calendar days before the expiry of the residence certificate, apply to the Ministry requesting the issuance of the relevant certificate and, on its basis, request from the Public Service Development Agency the issuance of a new residence certificate, and in the event of its loss or damage, immediately apply to the Ministry requesting the issuance of the relevant certificate and request from the Public Service Development Agency a new residence certificate;

d) leave the reception center within 10 days from the granting of refugee status or additional protection.

Article 70. Social and economic guarantees of a refugee or a person with additional protection🔗

1. Issues related to the social and economic guarantees of a refugee or a person with additional protection shall be regulated with the participation of the state agencies responsible for the implementation of this Law, in accordance with the legislation of Georgia. The Ministry shall coordinate the activities of the state agencies responsible for the implementation of this Law in the field of assistance to refugees and persons with additional protection.

2. The payment of the monthly allowance provided for by subparagraph “f” of paragraph 1 of Article 68 of this Law shall be suspended for a refugee or a person with additional protection who:

a) leaves Georgia for more than 1 month;

b) is in a penitentiary institution on the basis of a court judgment that has entered into legal force;

c) refuses, by personal application, to receive the monthly allowance.

3. A monthly allowance suspended on the basis of paragraph 2 of this Article shall be restored if the ground for its suspension is eliminated, from the month following the month in which the refugee or person with additional protection submits a personal application.

4. In the case provided for by paragraph 2 of this Article, the suspended monthly allowance shall not be compensated for the entire period of its suspension.

5. A monthly allowance shall be assigned to a refugee or a person with additional protection in accordance with the procedure established by this Law.

Article 71. Rights of a person under temporary protection🔗

A person under temporary protection has the right to:

a) be informed about the form (status) of international protection granted to him/her by this Law, as well as about the rights and obligations arising from the said status;

b) receive a certificate on the granting of temporary protection and a temporary residence card for the period of validity of the temporary protection granted to him/her;

c) receive medical services in accordance with the procedure established and in the cases provided for by the legislation of Georgia;

d) enjoy the right to pre-school education and general education, as well as, in accordance with the procedure established by the legislation of Georgia, enjoy the right to vocational education and higher education and the procedures for recognition of documents certifying education and qualifications obtained in another country;

e) in accordance with the procedure established by the legislation of Georgia, enjoy the right to apply to administrative bodies and the court;

f) enjoy the rights granted to an alien and a stateless person by the legislation of Georgia, unless otherwise provided by this Law;

g) be provided with food and shelter or appropriate monetary assistance in accordance with the procedure established by order of the Minister.

Article 72. Obligations of a person under temporary protection🔗

A person under temporary protection shall:

a) observe the Constitution of Georgia, this Law and other legislative and subordinate normative acts of Georgia, and respect local culture, traditions and customs;

b) within 3 working days from the occurrence of the relevant circumstance, notify in writing the Migration Department of the Ministry or the court of a change of mobile phone number, e-mail address and actual place of residence address, as well as of a change of legal or civil status;

c) cooperate with an authorised official;

d) be photographed, have fingerprints and palm prints taken and, at the request of an authorised official, undergo the relevant medical examination;

e) not later than 30 calendar days before the expiry of the residence card, apply to the Ministry with a request for the issuance of the relevant certificate and, on its basis, request from the State Services Development Agency the issuance of a new residence card, and in the event of its loss or damage, immediately apply to the Ministry with a request for the issuance of the relevant certificate and request from the State Services Development Agency a new residence card.

Article 73. Reimbursement of expenses related to international protection measures🔗

Expenses related to the international protection measures provided for by this Law shall be reimbursed by the state agencies responsible for the enforcement of this Law within the appropriations allocated to them by the State Budget of Georgia.

Article 74. Repatriation of a person enjoying international protection🔗

In order to carry out the repatriation of a person enjoying international protection, the Ministry shall comply with the following conditions:

a) repatriation shall be voluntary and it shall be carried out by the state agencies responsible for the enforcement of this Law;

b) the will of the person enjoying international protection regarding repatriation shall be expressed in writing;

c) the person enjoying international protection shall be provided with all available information on the situation in the country of origin and the possible consequences of return to that country.

Article 75. Local integration of persons enjoying international protection🔗

The Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia, in cooperation with other state agencies and/or competent agencies responsible for the enforcement of this Law, shall develop and/or implement programmes for the local integration of persons enjoying international protection and shall facilitate their participation in these programmes.

Article 76. Processing of personal data🔗

1. Personal data, including special category data, shall be processed in accordance with the Law of Georgia on Personal Data Protection.

2. Personal data processed on the basis of this Law shall be deleted and/or destroyed:

a) after the entry into legal force of the Ministry's decision to refuse to grant refugee status, additional protection or temporary protection to an alien or a stateless person, upon expiry of the period determined by the relevant subordinate act;

b) after the entry into legal force of the Ministry's decision on the termination, revocation or deprivation of refugee status, additional protection or temporary protection, or on refusal to extend additional protection or temporary protection, upon expiry of the period determined by the relevant subordinate act.

Article 77. Ministry🔗

1. The Ministry shall ensure the exercise of the right to international protection provided for by this Law.

2. In order to exercise the powers conferred by this Law, the Ministry shall:

a) carry out the identification of an alien or stateless person/asylum seeker and determine the appropriateness of granting international protection to him/her;

b) if necessary, apply to the State Security Service of Georgia to receive a recommendation on the issue of the creation of a potential threat to the state security of Georgia by an alien or stateless person, asylum seeker, refugee or person enjoying subsidiary protection;

c) in the event of identification of a request for international protection, explain to the alien or stateless person, in a language understandable to him/her or in a language that he/she understands, as may reasonably be considered, the asylum procedure and the rights and obligations of an asylum seeker;

d) in the event of a request for international protection by an alien or stateless person, ensure his/her admission at the state border of Georgia and non-refoulement in compliance with the principle of non-refoulement established by Article 8 of this Law;

e) for the identification of a request for international protection at the state border of Georgia, conduct an initial interview with the alien or stateless person;

f) in the event of a request for international protection by an alien or stateless person, accept his/her application for international protection, regardless of whether this person has a travel document or another identification document. If the alien or stateless person does not have a travel document or another identification document, the application for international protection shall be drawn up on the basis of the information provided by him/her;

g) if necessary, apply to the State Security Service of Georgia to receive assistance in identifying the person of an alien or stateless person/asylum seeker, if the Ministry itself cannot identify him/her;

h) share with the State Services Development Agency data on asylum seekers and persons enjoying international protection for the purpose of issuing them a temporary identification certificate and a residence certificate; provide the State Services Development Agency with information on refusal to grant to an asylum seeker the status provided for by this Law, termination of the asylum procedure, termination, revocation or deprivation of the status granted to a person enjoying international protection, as well as refusal to extend subsidiary protection or temporary protection, in order to cancel the temporary identification certificate, temporary residence certificate and refugee travel document or travel passport of a person enjoying subsidiary protection issued to them;

i) to ensure the protection of the rights of asylum seekers and persons enjoying international protection, cooperates with the state agencies and international organizations responsible for the enforcement of this Law, including the Representation of the United Nations High Commissioner for Refugees in Georgia;

j) upon request, provides to the Representation of the United Nations High Commissioner for Refugees in Georgia information on aliens or stateless persons/asylum seekers and persons enjoying international protection;

k) administers the database;

l) on the basis of a request of an authorized official, reimburses the costs of the relevant medical examination conducted for an asylum seeker and a person enjoying temporary protection;

m) exercises other powers determined by this Law.

3. The Minister is entitled, in relation to the matters assigned to the powers of the Ministry by this Law, to issue relevant legal acts in accordance with the procedure established by the legislation of Georgia.

Article 78. State Security Service of Georgia🔗

1. The State Security Service of Georgia, on the basis of an application by the Ministry, within the scope of its competence, identifies the identity of an alien or stateless person/asylum seeker and provides the Ministry with a recommendation on the issue of the creation of a potential threat to the state security of Georgia by an alien or stateless person, an asylum seeker or a person enjoying international protection.

2. The creation of a potential threat to the state security of Georgia provided for by paragraph 1 of this Article implies a case where there are sufficient grounds for assuming that an alien or stateless person/asylum seeker or a person enjoying international protection has a connection with:

a) the armed forces of a country/organization hostile to the defence and security of Georgia;

b) the intelligence services of another country;

c) terrorist and/or extremist organizations;

d) other criminal organizations (including transnational criminal organizations) and/or the illegal circulation of arms, weapons of mass destruction or their components.

3. Information on the circumstances defined by paragraphs 1 and 2 of this Article shall be provided to the Ministry in such a form that the interests of the protection of state secrets, the state security of Georgia and/or public security are not harmed.

Article 79. State Services Development Agency🔗

The State Services Development Agency:

a) on the basis of the asylum seeker's certificate issued by the Ministry, in accordance with the legislation of Georgia, issues to an asylum seeker a temporary identification certificate, and to a person enjoying international protection – a temporary residence certificate;

b) in accordance with the legislation of Georgia, issues to a refugee or a person enjoying subsidiary protection, respectively, a travel document or a travel passport;

c) on the basis of an application by an asylum seeker or a person enjoying international protection, in the manner established by the legislation of Georgia, ensures the registration of civil acts and issues the relevant certificate;

d) for the effective implementation of the asylum procedure and to ensure the socio-economic guarantees of a person enjoying international protection, shares with the Ministry information concerning an asylum seeker or a person enjoying international protection related to the issuance of a temporary identification certificate, temporary residence certificate or travel document/travel passport, his possession/acquisition of Georgian citizenship, as well as the fact of his death.

Article 80. Prosecutor's Office of Georgia🔗

1. When carrying out the extradition procedure, an authorized official of the body detaining an alien or a stateless person, on the instruction of the Prosecutor's Office of Georgia or a prosecutor, shall, in accordance with Article 26 of this Law, immediately provide to the person against whom the extradition procedure is being conducted, in a language understandable to him or in a language he understands, as may reasonably be considered, information on the right to request international protection and the time limit for exercising this right.

2. The Prosecutor's Office of Georgia provides to the Ministry the extradition documentation of the person provided for by paragraph 1 of this Article.

Article 81. State sub-agency institution within the system of the Ministry of Justice of Georgia − Special Penitentiary Service🔗

State sub-agency institution within the system of the Ministry of Justice of Georgia − Special Penitentiary Service:

a) upon placement in a penitentiary institution, but not later than the 2nd working day, provides to a foreigner or stateless person who is an accused or convicted person as provided for by Article 27 of this Law the information provided for by the first paragraph of the same Article, and sends the relevant documentation to the Ministry within 3 working days;

b) explains to a foreigner or stateless person, in the event of release from a penitentiary institution, the obligation to submit to the Ministry, within 5 working days, information on appearing at the Ministry, the mobile phone number, the e-mail address and the address of the place of residence (if any), and the consequences of failure to fulfil this obligation;

c) not later than 2 weeks before the expiry of the sentence, and in the case of release on other grounds – not later than 3 working days after release, notifies the Ministry of the date of release of an asylum seeker or a person enjoying international protection held in a penitentiary institution, as well as of a foreigner or stateless person who has applied for international protection;

d) ensures, in accordance with the procedure established by the legislation of Georgia, the organisation of a meeting in a penitentiary institution between the authorised official(s) and an asylum seeker or a person enjoying international protection, as well as a foreigner or stateless person who has applied for international protection;

e) where a relevant request exists, ensures, in accordance with the procedure established by the legislation of Georgia, the sending to the authorised official(s) of copies of the documents of an asylum seeker, as well as of a foreigner or stateless person who has applied for international protection, including a travel document (if any);

f) provides the Ministry with information, including fingerprint data, about an asylum seeker or a person enjoying international protection held in a penitentiary institution, as well as about a foreigner or stateless person who has applied for international protection.

Article 82. Ministry of Foreign Affairs of Georgia🔗

Ministry of Foreign Affairs of Georgia:

a) on the basis of the Ministry's request, provides it with the information necessary for taking the relevant decision on international protection, in accordance with Article 5 of this Law;

b) in accordance with Articles 53 and 54 of this Law, on the basis of the Ministry's request, in the manner established by the legislation of Georgia, issues a visa of Georgia to a person enjoying international protection wishing to travel to Georgia or to the family member(s) of an unaccompanied minor enjoying international protection;

c) on the basis of the Ministry's request, within the scope of its competence, with the assistance of the relevant diplomatic representation or consular institution, facilitates the voluntary repatriation of a refugee or a person enjoying subsidiary protection.

Article 83. Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia🔗

Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia:

a) ensures that an asylum seeker or a person enjoying international protection enjoys the rights provided for by subparagraph „j“ of paragraph 1 of Article 66, subparagraph „j“ of paragraph 1 of Article 68 and subparagraph „c“ of Article 71 of this Law;

b) on the basis of the Ministry's request, provides an unaccompanied minor or a person with disabilities who needs to have a legal representative with a guardian/curator/supporter, and also places the minor taking into account the best interests of the minor;

c) in cooperation with other state agencies and/or competent agencies responsible for the enforcement of this Law, develops and/or implements programmes for the local integration of persons enjoying international protection and facilitates their involvement in these programmes.

Article 84. Ministry of Education, Science and Youth of Georgia🔗

The Ministry of Education, Science and Youth of Georgia:

a) for the purpose of supporting the receipt of general education by an asylum seeker and a person enjoying international protection, ensures the facilitation of the implementation of the educational programme of training in the Georgian language. The rule for enrolment in the educational programme of training in the Georgian language for an asylum seeker and a person enjoying international protection (except for the educational programme of training in the Georgian language implemented by higher educational institutions), the content of this programme, the terms of its implementation and the rule of financing shall be determined by order of the Minister of Education, Science and Youth of Georgia;

b) ensures the enjoyment by an asylum seeker and a person enjoying international protection of the rights provided for by subparagraph „i“ of paragraph 1 of Article 66, subparagraph „i“ of paragraph 1 of Article 68 and subparagraph „d“ of Article 71 of this Law;

c) taking into account subparagraph „a“ of this Article, at the request of the Ministry, sends it information on the enjoyment by an asylum seeker and a person enjoying international protection of the rights provided for by subparagraph „i“ of paragraph 1 of Article 66, subparagraph „i“ of paragraph 1 of Article 68 and subparagraph „d“ of Article 71 of this Law;

d) cooperates on local integration issues with the Ministry and the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Protection of Georgia.

Law of Georgia of 10 December 2025 No. 1201 – website, 16.12.2025.

Article 85. Legal Entity of Public Law – Legal Aid Service🔗

The Legal Entity of Public Law – Legal Aid Service, in accordance with the procedure established by the legislation of Georgia, ensures the provision of free legal aid to an alien or a stateless person/an asylum seeker or a person enjoying international protection in the conduct of court proceedings related to the request for, granting, termination, revocation or deprivation of international protection, as well as to the extension of subsidiary protection or temporary protection or the refusal to extend subsidiary protection or temporary protection.

Article 86. Cooperation of the Ministry with other countries and international organizations🔗

1. The Ministry cooperates with other countries, the United Nations High Commissioner for Refugees and international organizations on issues related to persons enjoying international protection.

2. The Ministry cooperates with the United Nations High Commissioner for Refugees within the framework of the Agreement "between the Government of Georgia and the United Nations High Commissioner for Refugees" of 11 September 1996.

Article 87. Measures to be implemented in connection with the entry into force of this Law🔗

1. Before 1 October 2025, the Minister shall ensure:

a) establishment of the procedure for the detention of an alien or a stateless person/asylum seeker and placement in a temporary accommodation centre;

b) establishment of the procedure for the exchange of information between the relevant units of the Ministry in the event of an alien or a stateless person applying for international protection at the relevant institution of the Ministry's system;

c) establishment of the procedure for the identification of an application for international protection by an alien or a stateless person at the state border of Georgia and the exchange of information between the relevant units of the Ministry;

d) implementation of the relevant measures to create dignified conditions for the placement of an alien or a stateless person at the border crossing points of Georgia;

e) issuance of other relevant orders necessary for the entry into force of this Law and bringing the relevant subordinate normative acts into compliance with this Law.

2. Before 1 October 2025, the Minister and the Minister of Justice of Georgia shall ensure the determination of the procedure and form for explaining to the relevant alien or stateless accused person or convicted person held in a penitentiary institution information about his/her possible expulsion from Georgia and the possibility of applying for international protection, as well as the procedure for the exchange of information between the Ministry and the penitentiary institution.

3. Before 1 December 2025, the penitentiary institution shall ensure the provision to an alien or stateless accused person or convicted person placed in the said penitentiary institution before 1 October 2025, after serving the sentence or after release from serving the sentence on any other ground, of information about his/her possible expulsion from Georgia, as well as information about the possibility of applying for international protection and the relevant obligations.

4. An alien or a stateless person who, before 1 October 2025, has been granted humanitarian status shall retain this status for the same period for which the said status was granted to him/her under the legislation of Georgia.

5. If a person who entered Georgia before 1 October 2025 does not submit an application for international protection within 30 days from 1 October 2025, his/her application shall be considered under the accelerated procedure, in accordance with this Law.

6. Before the adoption/issuance of the relevant legal acts in accordance with this Law, the relevant legal acts adopted/issued before the entry into force of this Law shall retain legal force.

Article 88. Normative act declared invalid🔗

The Law of Georgia of 1 December 2016 "On International Protection" (Legislative Herald of Georgia (www.matsne.gov.ge), 15.12.2016, registration code: 010170000.05.001.018235) shall be declared invalid.

Article 89. Entry into force of the Law🔗

1. This Law, except for Articles 1–86 of this Law, paragraphs 4 and 5 of Article 87, and Article 88, shall enter into force upon publication.

2. Articles 1–86 of this Law, paragraphs 4 and 5 of Article 87, and Article 88 shall enter into force from 1 October 2025.

President of Georgia Mikheil Kavelashvili

Tbilisi,

26 June 2025

N864-IIms-XImp