German Court Questions Georgia is as Safe Country of Origin for Asylum Seekers

The Berlin court threw out the authorities’ rejection of two Georgian refugee applications on the grounds that Georgia was a “safe country of origin.” The relevant statement was published on the court’s website on Friday, March 21. The German authorities placed Georgia on the list of safe countries in December 2023. The German Federal Ministry of Interior defines safe countries of origin as those without fear of state persecution and where the state protects its citizens.

The court heard the case by Georgian spouses who requested asylum by claiming that, as Georgian civil servants, they were being persecuted for taking part in pro-EU protests: the husband was allegedly sacked, and the wife was reprimanded.

“There are significant doubts as to whether the definition of Georgia as a safe country of origin complies with EU law,” the verdict said. It noted that the European Court of Justice in Luxembourg, earlier in the case of Moldova, ruled that a country cannot be recognized as safe if part of its territory is not. In the case of Georgia, this applies to Abkhazia and Tskhinvali region/South Ossetia, the Berlin-based court said. It added that LGBT rights could also be infringed on the entire territory of Georgia.

A German dpa news agency quoted an unnamed representative of the Berlin court as saying the ruling means the Georgian couple can stay in Germany until a final decision is made.

The decision may have implications for Georgia’s visa-free regime with the European Union.

In December 2023, the German authorities added Georgia and Moldova to the list of safe countries of origin. This facilitated the processing of asylum applications from citizens of these countries and allowed for faster deportation of rejected migrants. According to the law, asylum seekers sent back to safe countries should not be persecuted there.

Refugee rights organization Pro Asyl criticized the decision, citing concerns related to security threats posed by the occupation by Russia of territories within these countries, as well as issues relating to the rule of law, LGBTIQ+ rights, and press freedom.

At the time, the German Interior Ministry said that Georgia and Moldova accounted for more than 10% of rejected asylum applications, with less than 0.3% of such applications being granted. According to the German Interior Ministry, more than 1,600 people were deported from Germany to Georgia in 2024.

Since then, Georgia has been going through a deepening political crisis, triggered by the disputed 2024 parliamentary elections and the Georgian Dream government’s U-turn on EU integration. Police violence, excessive use of force, beatings, and alleged abductions have accompanied pro-EU protests. Hundreds of civil servants have been dismissed allegedly for attending and supporting pro-EU rallies. The ruling Georgian Dream, which sits alone in the parliament, rushed through a series of repressive laws. The relations with traditional Western partners, including the EU and the US, are at an all-time low.

Also Read:

• 06/02/2025 – Watchdogs: Repressive Legislative Changes Announced by GD Threaten Fundamental Rights
• 05/02/2025 – GD Charges Ahead with Repressive Legislative Initiatives Targeting Civil Society and Media
• 03/02/2025 – GD Announces More Repressive Legislative Changes
• 25/01/2025 – CoE HR Commissioner Visits Georgia, Concerned About Police Brutality, Lack of Accountability, Repressive Laws
• 14/12/2024 – UN Experts Condemn Repression of Peaceful Protesters

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