Getting a Status
Application on status determination should be reviewed and the decision should be delivered within a 6-month period from submitting the application. For the purposes of gathering information/documents in order to identify the important circumstances for processing and deciding the application on status determination, the Agency is authorized to prolong the time limit by no more than 3 months. The total length of the procedure for granting or refusing to grant the status by the Agency should not exceed 9 months.
On the basis of documentation submitted by the status seeker as well as gathered by the Agency, the Service of Citizenship and Migration (Hereinafter “Service”) prepares the conclusion on granting or refusing to grant the status. The final decision on granting or refusing to grant the status shall be made by the president of the Agency on the basis of the conclusion of the Service. The decision shall be communicated to the applicant within 3 working days of its delivery. The decision granting the applicant status of a stateless person should also include information on the issuance of a temporary residence permit for the person having a status of a stateless person.
Grounds for Terminating the Administrative Proceedings
Administrative proceedings for the determination of the status shall be terminated if the status seeker:
- Passed away;
- Notwithstanding the notification being made according to the established procedure she/he avoids appearing at the interview;
- Lost interest in determining the status in Georgia (in case the status seeker is no longer interested in the issue of status determination she/he has a right to apply to the Agency in writing and request termination of administrative proceedings);
- Does not cooperate with the Agency for identification of the circumstances necessary for the status determination;
- She/he was granted refugee, humanitarian status, or the status of a person under temporary protection.
Grounds for Refusing to Grant the Status
The status seeker can be refused to be granted a status if:
- She/he was determined as a citizen of Georgia or of another country;
- She/he submitted forged documents or false information regarding the important circumstances for status determination;
- There is the conclusion of the Agency on her/his presence in Georgia not being appropriate for the protection of state and/or public security interests;
- Identification of a person is not possible;
- There are following circumstances enshrined by the UN Convention on the Status of Stateless Persons ((1) persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance; (2) persons who are recognized by the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; (3) persons with respect to whom there are serious reasons for considering that: (a) They have committed a crime against peace, a war crime, or a crime against humanity; (b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country; (c) They have been guilty of acts contrary to the purposes and principles of the United Nations).
Grounds for Withdrawing the Status
The status shall be withdrawn if:
- A person was granted or determined Georgian citizenship or citizenship of another country;
- It was revealed that a person had submitted forged documents or false information regarding the important circumstances for status determination;
- It was revealed that there is a conclusion by the authorized body on her/his presence in Georgia not being appropriate for the protection of state and/or public security interests;
- It was revealed that there are following circumstances enshrined by the UN Convention on the Status of Stateless Persons ((1) persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance so long as they are receiving such protection or assistance; (2) persons who are recognized by the country in which they have taken residence as having the rights and obligations which are attached to the possession of the nationality of that country; (3) persons with respect to whom there are serious reasons for considering that: (a) They have committed a crime against peace, a war crime, or a crime against humanity; (b) They have committed a serious non-political crime outside the country of their residence prior to their admission to that country; (c) They have been guilty of acts contrary to the purposes and principles of the United Nations).
- The responsibility over her/him had been taken by the contracting state for the UN Convention on the Status of Stateless Persons.
Decision on withdrawal of the status shall enter into legal force 1 month after its delivery. State authorities are obliged to notify the Agency on the grounds for withdrawal of the status. In case of refusal to determine or withdraw status the obligation of residing in Georgia on a lawful basis and leaving Georgia enshrined by the Law of Georgia on The Legal Status of Aliens and Stateless Persons shall apply to the person.
The decision of the Agency on refusal to determine or withdraw status may be appealed to the court within 1 month from the day of communicating the decision to the person.
For further information see:
Law of Georgia on the Legal Status of Aliens and Stateless Persons
Link: matsne.gov.ge/document/view/2278806?publication=14
Ordinance of the Government of Georgia №523 (1 September 2014) on Approval of the Procedures for Determining the Status of a Stateless Person in Georgia
