refugee as well as the issuance of the deportation order with Georgia as the country of
destination.223
2. Possibility to acquire the nationality of a country with which the person concerned
has a relevant link
Georgia’s 2014 nationality law, in particular Article 30 of Chapter 5 on the provisional
measures, states the following:224
1. Other than persons who have acquired or will acquire Georgian citizenship
under this Law, the following shall be deemed Georgian citizens:
a) persons born before 31 March 1975, who have resided in Georgia for a
combined period of at least five years, who were in the territory of Georgia on
31 March 1993, and have not acquired citizenship of another country;
b) persons born after 31 March 1975, who resided in Georgia on 31 March 1993
and have not acquired foreign citizenship;
c) persons born in the territory of Georgia who have left the territory of Georgia
after 21 December 1991, and thus do not meet the requirements of
subparagraphs (a) and (b) of this article, unless they have acquired foreign
citizenship.
It appears that in order to acquire Georgian nationality based on this provision, the
person concerned has to submit an application to the relevant authority to establish his or
her nationality, attaching evidence to be examined.225
A was born before 31 March 1975 in the territory of Georgia and continuously lived
there at least five years. A’s memory relating to the time of departure from Georgia is
uncertain. Furthermore, as A crossed the border on foot, A does not have any documents
which can objectively prove the date of departure. It appears A can acquire Georgian
nationality if A meets the criteria in Article 30(1)(a) or (c) of the Organic Law of Georgia on
Georgian citizenship of 2014. However, in practice, A is unable to prove either of the
223
Tokyo District Court, 2015 (Heisei 27 Nen) Gyou U No.302. As of 14 July 2017, oral argument has
been made 11 times and the trial is still ongoing.
224
Legislative Herald of Georgia, the Organic Law of 2014 on Georgian Citizenship [Georgia], 30 April
2014. Reference was made to the following English translation:
https://matsne.gov.ge/ka/document/view/2342552?impose=translateEn.
225
Nationality Act of Georgia, Article 30 (2).
117
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