Under the Law of Georgia on the Legal Status of Aliens and Stateless Persons, various grounds are outlined for denying an alien entry into Georgia or revoking their residence permit. Article 18 specifically addresses situations where the presence of an alien is deemed detrimental to national security or public safety.

Article 18 has an exhaustive list of the cases taken into consideration as cases connected with state security (Part 2 of Article 18 Law on Legal Status of Aliens):

A. The presence of the person in Georgia poses a threat to the relations with other states and/or international organisations;

B. There is information indicating a high degree of probability of the person’s connection with:

• the armed forces of the country/organisation with hostile attitude to the defence and security of Georgia;

• the intelligence services of another state;

• terrorist and/or extremist organisations;

• the illegal circulation of drugs, arms, weapons of mass destruction or their components, human trafficking and/or other criminal organisations (including transnational criminal organisations).

If you feel that the administrative decision is not based on the relevant materials, you can appeal the decision in the Court.

APPEALING A NEGATIVE DECISION

Collect evidence that counters the security threat claims, such as character references, proof of legitimate purposes for entry, and clean criminal records.

REQUEST DETAILED EXPLANATION

GATHER EVIDENCE

Ask for a written explanation of the reasons behind the security threat designation.

If the administrative appeal is unsuccessful, escalate the matter to the Tbilisi City Court.

FILE AN ADMINISTRATIVE APPEAL

JUDICIAL APPEAL

Submit an appeal to the Ministry of Internal Affairs (MIA) or to Public Defender if need.

Illegal administrative decisions can be challenged as illegal administrative acts. However, cases may be complicated by the use of classified information by the Security Service, which can make effective litigation challenging. Nonetheless, there are situations where residence permit issue is most probable:

ENTREPRENEURSHIP OR/AND
BUSINESS IN GEORGIA

Can characterise a person as a reliable and useful for the Country (reference letters, non-profit organisation participation, community assimilation)

INVESTMENTS IN GEORGIAN ECONOMY

OTHER REASONS

Every case should be considered independently and separately, and the strategy should always be individual.

Protocol to the European Convention on Human Rights, Article 1.

Including entrepreneurship.

Protocol to the European Convention on Human Rights, Article 1.

CHILDREN RESIDING IN GEORGIA AND/OR ATTENDING A SCHOOL

Aida Litigation LLC, Legal Services
7b Nikolioz Kipshidze Street, Tbilisi, Georgia
+995 558 64 11 27

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