Georgia: Whether former citizens of Georgia, who emigrated to Israel in 1994, can have their Georgian citizenship restored; the procedures involved in the restoration of citizenship; whether ethnic or religious minorities encounter difficulties in seeking restoration of Georgian citizenship; reports or statistics of former Georgian citizens who emigrated to Israel and later returned to Georgia

The following information was received from the Georgia office of the International Organization for Migration (IOM) on 8 February 1998, in response to questions posed by the Research Directorate:

1. Can former citizens of Georgia, who left in 1994 to become Israeli citizens, have their citizenship restored?

According to the amendments made to the Article 29 of the Law on Citizenship, from the October 25, 1993, by the Law of Georgia Concerning Introduction of Amendments and Supplements into the Law of the Republic of Georgia "On Georgian Citizenship" a person may be reinstated in the citizenship of Georgia under the present Law, where his or her citizenship was terminated:

a) unlawful loss of citizenship;

b) withdrawal from citizenship;

c) option of parents

In case provided for by Clause "b" of the same Article a person shall be reinstated in the citizenship of Georgia if for the moment of submitting the application he/she is permanently resident in Georgia and meets the conditions stipulated in Clauses "b" and "c" [...] of Article 26 and Article 261 of the present Law.

Article 26

b) knows, within established minimum, the Georgian or Abkhazian language;

c) knows, within established minimum, the history and the Constitution of Georgia

To the citizenship of Georgia shall not be admitted a person convicted for such a deliberate crime that entails imprisonment for more than three years, unless his or her conviction has been expunged or nullified.

Article 261 

a) has committed  an international crime against peace and humanity;

b) participated in a treason defined by the Georgian legislation.

According to the Chapter IV - Rules for consideration of the reinstatement in the citizenship of Georgia, of the Regulations on the rules for consideration-resolution of Georgian citizenship issues, approved by the Presidential Decree N637 from November 9, 1998, for the reinstatement in citizenship, a person has to submit to the Ministry of Justice of Georgia the following:

- documents verifying, that he/she was a citizen of Georgia according to the Law.

- Document verifying unlawful loss of his/her citizenship caused by the competent bodies.

- document verifying his/her  withdrawal from citizenship of Georgia

- document verifying his/her withdrawal from citizenship as an option of parents.

Article 34

An Application on the acquisition of the Georgian citizenship, withdrawal from the Georgian citizenship and reinstatement in citizenship shall be submitted by interested persons to the Ministry of Justice of the Republic of Georgia; persons residing outside Georgia shall file applications to the Head of the State of Georgia through diplomatic representations, consular institutions or directly.

2. Does the restoration of Georgian citizenship depend on whether or not the persons were born in Georgia, or were born elsewhere in the former Soviet Union but had lived in Georgia and had been Georgian citizens?

Article 3.

A citizen of Georgia shall be deemed:

a) a person who permanently resided in Georgia for not less than 5 years and who has been residing in it on the date of enactment of the present Law and who within six months has not rejected the Georgian citizenship;

b) a person who has obtained the Georgian citizenship under the present Law

Law of Georgia Concerning introduction of amendments and supplements into the Law of the Republic of Georgia "on Georgian Citizenship"

Clause "b" of Article 3 shall be thereafter referred as Point "c".

Clause "b" of the following contents shall be added to the Article:

c) A person born in Georgia, who has left the Georgian territory after December 21, 1991 and thus can not meet the requirements of Clause "a" of the Article, if she/he is not a foreign national".

3. Have there been any reports of persons encountering difficulties in having their Georgian citizenship restored? If so, please provide details. Are there any reports or statistics available concerning persons from former Soviet republics who had emigrated to Israel but then returned to Georgia?

There are not such reports existing as [far as] we know, neither [does] the Immigration and Citizenship Department of the Ministry of Justice of Georgia have this information. According to their statistics that are not computerized, only 4 persons, were granted Georgian citizenship from 1995 up to present day. None of them are former Israeli citizens.

For further detail concerning the procedures involved in the acquisition and restoration of Georgian citizenship please consult the attached Regulations on the Procedure of Consideration- Decision of the Issues of the Citizenship of Georgia, also provided by the IOM in Georgia.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see below the list of additional sources consulted in researching this Response.

Reference

International Organization for Migration (IOM), Georgia. 8 February 1999. Email with attachments.

Attachment

Regulations on the Procedure of Consideration- Decision of the Issues of the Citizenship of Georgia. 18 Nov. 1999. [Unofficial translation, provided by IOM, Georgia].

Additional Sources Consulted

International Migration [Geneva]. 1992 - 1998.

International Migration Review [New York]. 1992 - 1998.

Migration News Sheet [Brussels]. 1998.

Migration World [New York]. 1998.

Transitions [Prague].

Fax sent to the Consulate of Georgia.

Two oral sources did not respond within the applicable deadline.

Electronic sources: IRB Databases, Internet, LEXIS/NEXIS, REFWORLD, WNC.