LEGAL AID FOR ASYLUM SEEKERS
LEGAL AID FOR ASYLUM SEEKERS
One of the important aspects of the Legal Aid Service is to ensure protection of rights of asylum seekers.
The Legal Aid Service offers free legal consultations in order to ensure protection of rights of asylum seekers. They are entitled to use person-to-person and telephone/online consultation services. Legal Aid Service provides legal assistance (court representation) to asylum seekers despite their insolvency.
Protection of rights of asylum seekers, refugee and humanitarian status holders, and persons under temporary protection is guaranteed by the national and international legislation.
Legal Entity of Public Law - Legal Aid Service ensures provision of free legal assistance according to the rules established by the legislation to the asylum seekers and persons under temporary protection on the cases of refusal to award the status, termination, suspension or revocation of a status.
A Request of International Protection
The forms of international protection in Georgia are the following:
Refugee status shall be granted to an alien or a stateless person, who is outside the country of origin, and has a well-grounded fear that he/she may become a victim of persecution on the grounds of his/her race, religion, nationality, affiliation to a certain social group or political views, and who does not wish to, or cannot, return to his/her country of origin or enjoy the right to be protected from such country due to such fear.
Humanitarian status shall be granted to an alien or a stateless person who does not comply with the conditions for granting refugee status as provided for by the law where there is a real risk that upon returning to the country of origin he/she will face a serious threat of damage.
The status of a person under temporary protection is granted by the Ministry to the people entering in mass, who require international protection and cannot return to the country of their origin due to violence, aggression, international or internal armed conflict, or due to mass violation of human rights.
Humanitarian status and the status of a person under temporary protection are granted for the term of a year. The term may be extended by the same period on the basis of a decision of the Ministry, and it may be extended more than once.
In the case of the illegal entry into or stay in the territory of Georgia of an alien or a stateless person, he/she shall immediately apply to the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia with a request for granting the status.
The interview and profiling of an asylum seeker shall be conducted during the proceedings of international protection for the application of asylum seeking. The asylum seeker is authorized to request interpreter of desired gender. The proceedings for granting asylum status are free and confidential.
The Ministry shall review an application for international protection in an ordinary manner within six months after its registration. The period may be extended by no more than nine months.
The Ministry makes decision on granting the status in case of satisfaction of application for international protection and issues special certificate. The status is the guarantee for a person not to be expelled or returned to the country of origin or in a country where he/she will face a serious threat of life or health damage.
In case of refusal a decision can be appealed to a court. An asylum seeker can apply to the Legal Aid Service during the appeal procedures and to request an appointment of a lawyer.
If an asylum seeker has been refused refugee or humanitarian status or if his/her humanitarian status has been terminated, cancelled or withdrawn, and in addition, where it is impossible to exile him/her to the country of origin in accordance with the Law of Georgia on Legal Status of Aliens and Stateless Persons, he/she may be granted the right to stay in Georgia temporarily.
Asylum seeker can be placed at the temporary accommodation center designated by the Ministry for the asylum seekers –reception center of temporary accommodation. The term for placement of a person in a reception center depends on the length of proceedings related to the review of his/her application.
Status holders are entitled to exercise employment and education rights, medical assistance that citizens of Georgia enjoy according to the established legislation. Persons with refugee or humanitarian status are entitled to right to free movement both inside as well as outside of a country.
Scope of Service
In the course of conducting defense on civil and/or administrative cases, the lawyer of Legal Aid Service, as the rule conducts following actions: