Our client, Ms. Elizaveta S., a citizen of the Russian Federation and an individual entrepreneur, applied to the Public Service Development Agency in October 2022 for a work residence permit in Georgia. On November 20, 2022, the Agency denied her application, citing Articles 18 (1)(a) and (g) of the Law of Georgia "On the Legal Status of Aliens and Stateless Persons." These provisions were interpreted to mean that the applicant’s stay in Georgia was deemed "inexpedient" for the protection of state or public security.

We appealed this decision to the Tbilisi City Court, which on March 23, 2023, partially upheld our claim. The Court ruled that the Agency was obliged to conduct a more thorough investigation and provide a new, well-reasoned assessment of the case. However, on May 24, 2023, the Agency again denied Ms. Elizaveta S.'s application, relying on the same grounds.

The Public Service Development Agency is authorized to make decisions on granting or refusing residence permits based on information received from other state authorities. However, the Court emphasized that such discretion is not absolute and must be exercised in compliance with the principles of proportionality and balance between public and private interests.

In this case, although the refusal was based on a conclusion by the State Security Service, the Agency failed to present any other evidence to substantiate its decision and did not conduct an independent investigation as required by the Court.