These changes show the general direction of migration regulation: the state is speeding up procedures, shortening the deadlines for judicial review and increasing the significance of a foreigner's formal cooperation with administrative bodies.
For foreigners this means several practical conclusions.
First, international protection becomes more procedurally strictEven if a person has genuine grounds to fear returning to the country of origin, breaching the procedure may worsen their position.
Failure to appear, failure to provide contacts, refusal to hand over a document or a late application may have serious consequences.
Second, the deadlines for protection are shortened10 calendar days to go to court is a very short deadline, especially if the person:
- does not speak Georgian;
- is held in a closed facility;
- has no lawyer;
- does not understand the procedure for serving decisions;
- received the document only in Georgian;
- in fact learned of the decision later.
Third, the written position becomes critically importantMany matters will be considered without an oral hearing.
This means the court may decide on the basis of written materials. Therefore the claim, the appeal, the evidence and the legal argument must be prepared carefully from the very outset.
Fourth, an appeal does not always protect against removalIn some cases, after the procedure is terminated the person is no longer considered an asylum seeker, and the non-refoulement principle under the Law on International Protection no longer applies to them.
This makes it especially important not only to appeal, but also to prevent termination of the procedure in good time.
Fifth, contact details acquire legal significancePhone, email and place of residence stop being merely formal information. Whether the person actually receives decisions, notifications and summonses may depend on them.