EDITIONS

In modern day countries, including Georgia, the issue of migration poses an important challenge, the legal regulation of which depends on both state bodies and courts. The 1951 Convention “Relating to the Status of Refugees” is one of the mechanisms for realizing fundamental human rights and freedoms provided by the Universal Declaration of Human Rights. An asylum-seeker who enters Georgia for the purpose of obtaining refugee/humanitarian status has certain rights and obligations, on the basis of which the status is either granted or denied. The issue of granting refugee/humanitarian status may include different (political, religious, etc.) grounds. Ultimately, the primary link that determines the legal status of an asylum seeker is the court. It carries out procedural actions in a way that does not violate both the interests of the state and the rights of the asylum seeker.

Taking into consideration the aspects of administrative proceedings, the court is not limited both in terms of examining the evidence presented by the parties, as well as in regards to its own initiative to investigate the scope of a person’s claim and make a decision. It is also important that the court’s selfinitiative includes not only a formally established standard, but also the ability, if necessary, to request evidence at its own discretion in order to establish the objective truth in the case. However, on certain matters, depending on the specific nature of the case, the court’s ability may be limited. Finally, taking into account the distribution of functions of the court and the administrative body, there is a limit on the basis of which it is possible to achieve an absolute result in the aspect of protecting the rights of the asylum seeker.

Key words: asylum seeker, court, refugee/humanitarian status, self-initiative.