In some cases, you may be sent to another country without your asylum application being reviewed in substance.
Although states have the obligation to let you into the country for processing your asylum application, there are some exceptions.
Refusal of entry under Georgian law
Although the Georgian state has an obligation to allow individuals to access the territory to apply for asylum, there are certain exceptions where your application for international protection may be refused at the border without a full examination of its substance. This is allowed when your application is considered inadmissible under the Law of Georgia on International Protection.
Your asylum application may be deemed inadmissible in the following cases:
- you have already been granted international protection in another country and have no well-founded fear of persecution in that country
- you are a national of two or more countries and may enjoy protection from either of them
- you have access to an internal protection alternative within your country of origin, where you can safely and legally relocate
- your application is a subsequent (renewed) application and you have not presented any new facts or circumstances which would justify reconsideration
- you are recognised as having the same rights and obligations as nationals in another country, and therefore do not require international protection
- your application is submitted jointly with a family member's application, and the individual assessment is carried out under the same file
What human rights violation may there be?
It is possible that you arrived in Georgia without entry documents through a country where the asylum system has serious deficiencies, which may put you at risk of violation of your right to life or freedom from torture or inhumane or degrading treatment. These violations may result from undignified living conditions or disregard for the non-refoulement principle (being sent back to the country where you are faced with persecution).
example In the case of M.S.S. v. Belgium and Greece, the European Court of Human Rights found that transferring the applicant to Greece from Belgium under the Dublin Regulation would result in a violation of Article 3 of the European Convention on Human rights (prohibition of torture and inhumane treatment), because the applicant would be exposed to detention and inhumane living conditions in Greece, as well as expulsion to Afghanistan without any serious examination of his asylum application.
It is also possible that your asylum application may be considered inadmissible because you arrived through a country which the authorities consider to be a safe third country, even though it is not.
How to complain
If you do not agree with the decision to be sent to another country, you have the right to an effective remedy before a court. Read more about how to complain.