القاعدة ذات الصلة
Georgia
Practice Relating to Rule 131. Treatment of Displaced Persons
Section C. Respect for family unity
Georgia’s Law on Internally Displaced Persons (2014) states: “All IDPs [internally displaced persons] have the right to respect [for] family unity. Family shall not be artificially disintegrated or united against the will of family members.” 
Georgia, Law on Internally Displaced Persons, 2014, Article 13(1).
The Law on Internally Displaced Persons (2014) defines an internally displaced person as follows:
A citizen of Georgia or a stateless person with a status residing in Georgia shall be considered as an IDP, if he/she was forced to leave his/her permanent place of residence because of threat to his/her or his/her family member[s’] life, health or freedom caused by the occupation of the territory by a foreign state, aggression, armed conflict, mass violence and/or massive human rights violations and/or he/she cannot return to his/her permanent place of residence due to the above mentioned reasons. 
Georgia, Law on Internally Displaced Persons, 2014, Article 6(1).
Georgia’s Law on International Protection (2016), taking into account amendments up to 2017, states:
Article 3 Definition of terms
For the purposes of this Law, the terms used herein have the following meanings:
r) a family member – a spouse or a partner in an unregistered marriage of an asylum seeker or an internationally protected person, their minor children from a registered or unregistered marriage, and minors adopted on the basis of the legislation of the country of origin, a mother, a father, a legal representative/supporter of an internationally protected person defined by the legislation of the country of origin, or the practice existing in the country of origin, as well as a parent or an unmarried adult child of an applicant or his/her spouse, who are dependent on him/her, or a beneficiary(ies) of support;
s) family reunion – for the purposes of the principle of the integrity of a family, the entry into and stay in the territory of Georgia of the family members of an internationally protected person;
Article 11 Observance of the principle of family integrity
1. The Ministry shall ensure the integrity of the family of an internationally protected person.
3. If an alien, or a stateless person is granted refugee or humanitarian status, or the status of a person under temporary protection, or if the term of his/her humanitarian status or status of a person under temporary protection is extended, a family member accompanying him/her, as well as a minor, whose lawful representative/guardian/caregiver/supporter such person is, shall be granted refugee status, humanitarian status or the status of a person under temporary protection, or his/her humanitarian status shall be extended or the term of the status of a person under temporary protection shall be extended, except where there are grounds provided for by Article 17 [on grounds for refusing to grant refugee status,] or Article 18 [on grounds for the exclusion from refugee status, including where there are sufficient grounds to believe that the individual has committed, inter alia, a war crime,] of this Law.
1. For the commencement of a procedure for the reunion of a family, an internationally protected person shall apply to the Ministry in writing.
2. After the granting of the relevant status of international protection to a minor left without a legal representative in accordance with the procedure provided for by this Law, an authorised official shall immediately start the procedure for the reunion of a family on the basis of a consent from a guardian/caregiver/supporter of the minor and from the minor. An authorised official shall ensure the reunion of a minor with other family members by taking into account his/her best interests.
5. The authorised official, where necessary, shall search for the family members of an internationally protected person through the International Committee of the Red Cross.
6. In the case of the establishment of a family relationship, the authorised official shall apply, if necessary, to the Ministry of Foreign Affairs of Georgia with regard to searching for family members of an internationally protected person and to issuing a Georgian visa for them.
7. Taking into account the principle of the integrity of a family, the family members of an internationally protected person shall be granted the same form of protection as a person with international protection.
1. Persons with refugee or humanitarian status shall have the right to:
m) enjoy the right of family reunion;
The Ministry of Foreign Affairs of Georgia shall:
b) assist the Ministry, on the basis of an application submitted by it, and in accordance with Article 46 of this Law, in the integration of the family of an internationally protected person, and also issue a Georgian visa, as provided for by the legislation of Georgia, to the family members of an internationally protected person who wish to travel to Georgia,
Article 77 – Cooperation of the Ministry with other countries and international organisations
2. … With the aim of achieving a family reunion under Article 46 of this Law, Georgia shall cooperate with the International Red Cross Committee. 
Georgia, Law on International Protection, 2016, taking into account amendments up to 2017, Articles 3(r)–(s), 11(1) and (3), 46(1)–(2) and (5)–(7), 58(1)(m), 73(b) and 77(2).
The Law also states:
Article 3 Definition of terms
For the purposes of this Law, the terms used herein have the following meanings:
e) an asylum seeker – an alien or a stateless person, who has applied for international protection to a state agency and in respect of whom the Ministry has not made a decision, or a court decision has not yet entered into legal force;
Article 14 Forms of international protection
In accordance with this Law, the forms of international protection in Georgia are the following:
a) refugee status;
b) humanitarian status;
c) the status of a person under temporary protection.
Article 15 Grounds for granting refugee status
1. Refugee status shall be granted to an alien or a stateless person, who is outside the country of origin, and has a well-grounded fear that he/she may become a victim of persecution on the grounds of his/her race, religion, nationality, affiliation to a certain social group or political views, and who does not wish to, or cannot, return to his/her country of origin or enjoy the right to be protected from such country due to such fear.
Article 19 Grounds for granting humanitarian status
1. Humanitarian status shall be granted to an alien or a stateless person who does not comply with the conditions for granting refugee status as provided for by Article 15 of this Law where there is a real risk that upon returning to the country of origin he/she will face a serious threat of damage as provided for by Article 32(3) of this Law.
Article 21 Grounds and procedures for granting the status of a person under temporary protection
1. The Ministry shall regulate the mass entry of people and make a decision on granting the status of a person under temporary protection to people entering in mass, who require international protection and cannot return to the country of their origin due to violence, aggression, international or internal armed conflict, or due to mass violation of human rights.
Article 32 Persecution and serious damage
1. For the purposes of Article 15 of this Law, an action shall be deemed persecution, if:
a) it is so serious by its nature or has such repeated character that fundamental human rights continue to be violated;
b) it is one of a unity of various actions, which are so severe that fundamental human rights continue to be violated.
2. The persecution provided for by paragraph 1 of this article may be expressed in the following forms:
e) criminal persecution or punishment during a conflict due to the refusal to perform actions provided for by Article 18 of this Law [among others, a crime against peace, a war crime or a crime against humanity];
3. Serious damage shall be:
c) a serious individual threat to the life of a person due to indiscriminate violence, international or internal armed conflict or mass violation of human rights.
Article 33 – Entity(ies) carrying out persecution and inflicting serious damage
Entity(ies) carrying out persecution and inflicting serious damage may be:
a) the State;
b) a group or an organisation, which controls the entire territory of the State or a significant part of the territory;
c) non-governmental entities, if the entities provided for by sub-paragraphs (a) and (b) of this paragraph, including international organisations, cannot or do not desire to protect a person from persecution or serious damage as provided for by Article 32 of this Law. 
Georgia, Law on International Protection, 2016, taking into account amendments up to 2017, Articles 3(e), 14–15(1), 19(1), 21(1), 32(1), (2)(e) and (3)(c)–33.
Georgia’s Order on the Asylum Procedure (2017) states:
Chapter II. Reception of Alien, … Stateless Persons, or Asylum-seekers, Registration of the Application for International Protection and Profiling Interview
Article 12. Reception and registration of applications for international protections [which, under the 2016 Law of Georgia on International Protection is given to refugees who, inter alia, are fleeing criminal prosecution or punishment for refusing to commit a war crime; to those granted humanitarian status where there is a serious individual threat to their life due to, inter alia, conflict; and to those who, granted temporary protection when entering en masse, require it due to, inter alia, armed conflict in their country of origin]
3. [An a]pplication for international protection submitted by the alien or stateless person and their family members shall be registered immediately taking into consideration the principle of family unit. The application for international protection shall also include data on family members of the applicant.
Chapter IV. Reviewing Claims for International Protection Based on the Right to Family Unity Article
39. Reviewing the decisions on granting derivative status based on the principle of family unity
1. Having respect to the principle of family unity, accompanying family member(s) of the person under international protection shall be granted the same form of international protection as that of the family member under international protection.
4. Every member of the family shall have the right to individual consideration of his/her claim.
5. Where the alien or stateless person who has been granted … refugee, humanitarian status or temporary protection, or whose humanitarian status or temporary protection has been extended, it shall apply to the derivative status of family members, it applies to the representative/guardian/custodian/support provider of an unaccompanied minor as well, except for cases and circumstances outlined in Articles 17[, which provides grounds for refusing to grant refugee status] and 18[, which provides grounds for the exclusion from refugee status, including where there are sufficient grounds to believe that the individual has committed, inter alia, a war crime] of the [2016] Law of Georgia on International Protection.
6. The following members of the family of a person under international protection shall be eligible to request the derivative status:
a) Spouse or a partner in an unregistered marriage;
b) Their underage children born in or out of wedlock and minors adopted based on the legislation of the country of origin;
c) Mother, father or a legal representative (guardian) of a person under international protection appointed in accordance with the laws or common practice of a country of origin;
d) Parents of applicants or his/her spouse, and unmarried adult dependent children;
e) Or support recipient(s).
7. The right of the asylum-seeker’s family member to obtain the derivative status based on the family unity principle, may be established in the course of asylum procedures, as well as separately, after an asylum-seeker is granted international protection.
Article 40. Family Reunification
2. After granting the status relevant to the international protection to the unaccompanied minor as per the Law of Georgia on International Protection and following the rule set out by this order, [the] RSD [Status Determination] specialist with due consideration of the best interest of a child shall immediately initiate the family reunification procedure based upon a consent of the guardian/custodian/support provider and the minor.
5. Where necessary [the] RSD specialist based on a written referral by the head of the Department [of Migration, Repatriation and Refugee Issues at the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia] shall start [the] family tracing of a person under international protection in cooperation with the International Committee of [the] Red Cross.
6. When [a] family relationship is established, the head of the Department, whenever necessary, applies to the Ministry of Foreign Affairs with a request to reach out and issue visas for family members of a person under international protection.
7. Based on the family unity principle the family members of a person under international protection shall enjoy the same protection as the family member under international protection.
8. The family reunification request may be rejected under circumstances set out by Article 17(1)b [, which provides as a ground for refusing to grant refugee status where there are sufficient grounds to believe that he/she will endanger the state security of Georgia, its territorial integrity or public order,] and Article 18(1)[, which provides grounds for the exclusion from refugee status,] of the [2016] Law of Georgia on International Protection. 
Georgia, Order on the Asylum Procedure, 2017, Articles 12(3), 39(1) and (4)–(7), and 40(2) and (5)–(8).