With the help of the “Article 42 of the Constitution”, an asylum seeker was able to use banking services

D.M has appealed to “Article 42 of the Constitution” for help, after one of the commercial banks refused him to use his own bank account using the asylum seeker's certificate. According to the representatives of the commercial bank, D.M. could access his bank account only with a passport.

According to the “Article 42 of the Constitution”, the Bank's ungrounded and unlawful refusal has deprived the asylum-seeker right to enjoy social-economic rights guaranteed by the Georgian legislation.

According to subparagraph “g” of Article 56 of the Law of Georgia on International Protection, an asylum seeker is entitled to receive a certificate of an asylum seeker and, based on the certificate, a temporary identity card within the period of the review of an application for international protection.

According to subparagraph “s” of Article 2 of the Law of Georgia on Legal Status of Aliens and Stateless Persons, “Temporary Identification Card is - the ID card issued to the asylum-seekers.”

Due to the aforementioned, the Executive Director of “Article 42 of the Constitution” addressed the Director of the Supervisory Board of the Bank and requested to give D.M. access to his personal bank accounts based on the temporary ID card of the asylum seeker.

In response to the appeal, D.M. was given the opportunity to access his bank account on the basis of asylum seeker ID card.

“Article 42 of the Constitution” is implementing the project “Protection and Empowerment of Refugees, Asylum seekers and Humanitarian Status in Georgia” since January 1, 2019 with the support of the United Nations High Commissioner for Refugees (UNHCR). Within the framework of the project, the organization's lawyers assist asylum seekers in Georgia to obtain access to the status and enjoy basic human rights through free consultations, advocacy and strategic litigation.