With the help of Rights Georgia, an asylum seeker from Tanzania wins a case in the Tbilisi City Court

22 June, 2023

With the help of Rights Georgia, M.M.H., a citizen of the United Republic of Tanzania seeking asylum in Georgia, has won the ongoing case against the Migration Department of the Ministry of Interior in the Tbilisi City Court.

Because of her gender identity, M.M.H. has been a victim of abuse, discrimination and violence since childhood, including from her own family members. In 2011, she went to the United Arab Emirates to continue her studies, where she spent a month in prison for revealing her gender identity. In 2017, after being released from prison and fearing for her life if she returned to her country of origin, M.M.H.  came to Georgia and requested international protection.

The Migration Department of the Ministry of Interior initially considered that the asylum seeker met the legal criteria for refugee status, but she was denied the status on security grounds. With the help of Rights Georgia, this decision was appealed to the Tbilisi City Court and the Tbilisi Court of Appeal. Both courts partially upheld the appeal, finding that the Department of Migration should have reviewed the circumstances of the case and made a new decision.

Nevertheless, in November 2022, the Migration Department again refused to grant M.M.H. refugee status. In its decision, the Department of Migration stated that the asylum seeker met the criteria established by law for receiving refugee status, but was denied international protection due to the existence of a negative recommendation from the State Security Service.
      
This decision was appealed to the Administrative Chamber of the Tbilisi City Court. By the decision of the Tbilisi City Court of June 12, 2023, the claim was satisfied, in particular, the decision of the Migration Department of the Ministry of Internal Affairs was declared invalid and the administrative body was ordered to grant refugee status to the beneficiary.

Rights Georgia provides free legal assistance to the Tanzanian citizen under the UNHCR-funded project "Protecting and Empowering Refugees, Asylum Seekers, Humanitarian Status Holders, and Stateless Persons in Georgia".

M.M.H.'s interests are being represented in court by Nino Khetsadze, a lawyer from Rights Georgia. The organization will continue to protect the rights of the Tanzanian citizen until the matter is finally resolved.