Berlin Court Overturns Rejection of Georgian Asylum Seekers, Questions 'Safe Country' Status
By Liza Mchedlidze
Tuesday, March 25, 2025
A Berlin court has ruled against the German government's rejection of two Georgian asylum applications, challenging the classification of Georgia as a "safe country of origin." The decision, published on March 21, could have wider implications for Germany's asylum policy and Georgia's visa-free travel agreement with the European Union.
The case involved a Georgian couple, both former civil servants, who claimed they were persecuted for participating in pro-EU protests. According to their testimony, the husband was dismissed from his job, and the wife was officially reprimanded for their political involvement. They sought asylum in Germany, arguing that their safety and rights were at risk in Georgia.
However, their applications were initially rejected under Germany's policy of treating Georgia as a "safe country of origin", a classification applied to states where citizens are not at risk of political persecution and where governments uphold fundamental rights.
The Berlin court's ruling cast doubt on whether Georgia meets the EU legal criteria for a safe country. The verdict referenced a previous ruling by the European Court of Justice (ECJ) in Luxembourg, which found that a country cannot be classified as entirely safe if part of its territory is not under government control.
"There are significant doubts as to whether the definition of Georgia as a safe country of origin complies with EU law," the ruling stated.
The court noted that Abkhazia and the Tskhinvali region/South Ossetia, which are outside the control of the Georgian government, create a legal precedent similar to Moldova, which was denied full "safe country" status due to its breakaway region of Transnistria.
Furthermore, the court expressed concerns about LGBTQ+ rights in Georgia, suggesting that discrimination and state protection failures could challenge the country's safe designation.
A representative of the Berlin court, quoted by Germany's dpa news agency, stated that the ruling allows the Georgian couple to remain in Germany while their asylum claims are reassessed.
This decision could set a legal precedent, potentially making it easier for Georgian asylum seekers to challenge rejections in German and other EU courts.
More significantly, the ruling could affect Georgia's visa-free travel arrangement with the EU, a key benefit for Georgian citizens. If asylum applications from Georgia increase, European policymakers may re-evaluate migration policies to prevent abuse of the system, as has happened with Western Balkan countries in the past.
