Detention of 64 Foreign Nationals: Immigration Detention and Expulsion are Different Decisions

On 9 October 2026, the Ministry of Internal Affairs announced the detention of 64 foreign nationals as a result of special immigration control. According to the statement released by Imedi, the individuals were transferred to a temporary accommodation centre, and procedures related to their expulsion from Georgia are underway. The statement indicates the absence of a legal basis for their stay in Georgia. The public announcement does not provide us with the documents or court acts for each individual.

Grounds for detention must be assessed separately

Article 51 of the Law 'On the Legal Status of Aliens and Stateless Persons' enumerates the grounds for expulsion. Article 64 regulates detention for the purpose of expulsion and placement in a temporary accommodation centre. These are related but distinct legal issues. Establishing a problem with the right to stay in Georgia does not automatically confirm the legality of any form or duration of detention.

Paragraph 2 of Article 64 lists several grounds for detention, including inability to identify, risk of absconding, and ensuring the forced execution of expulsion. It must be verified for each specific individual which ground has been applied and with what materials it is substantiated. The total number cannot replace the substantiation of individual decisions.

Judicial Oversight and Rights of the Detained Person

According to Paragraph 3 of Article 64, a foreign national must be presented to the court no later than 48 hours after detention for a decision on placement in the centre. If the court does not make such a decision within the next 24 hours, the person must be immediately released. This record does not confirm that any deadline has been violated in the current operation: for this, the exact time of detention and the court's decision are required.

Paragraphs 7 and 8 of the same article provide for the right to an explanation of the grounds for detention in an understandable language, the right to hire a lawyer, to inform a relative, to contact a consulate, to undergo a medical examination, and to appeal the detention. The actual exercise of these rights is important even when there is a dispute over immigration status. The court's decision must be assessed according to its text and the applicable procedural rules.

Expulsion and Risk Assessment

Article 53 of the Law concerns the adoption of an expulsion decision and the assessment of relevant circumstances. Article 59 establishes the countries to which a person may be expelled and the circumstances restricting return; Article 61 regulates the inadmissibility of expulsion for certain individuals. Family ties, a request for protection, or a risk upon return, if they exist, must be verified in the individual's case. The public notice does not confirm that any of the detained individuals are asylum seekers or that such a risk exists for them.

Sub-paragraph 'f' of Paragraph 1 of Article 5 of the European Convention on Human Rights, which is binding on Georgia, concerns lawful immigration detention, while Paragraph 4 protects the right to have the lawfulness of detention reviewed by a court. Article 3 prohibits torture and inhuman or degrading treatment. The issue of such a risk related to return requires individual assessment. The European Court does not itself grant immigration status; it reviews Georgia's compliance with the Convention according to its jurisdiction and admissibility rules.

How to Assess Public Information

The substantiation of detention, the court act on placement in the centre, and the expulsion decision are separate documents. For defence, it is important to obtain them and to timely check the appeal procedure indicated in the case. Article 56 of the Law provides for judicial appeal against relevant decisions of the Ministry of Internal Affairs; you should familiarise yourself with the specific deadlines and the impact of the appeal depending on the type of decision. See Guide to Expulsion and Prohibition of Entry into Georgia.

At this stage, the agency's statement regarding the detentions is confirmed. From it, the legality of all individual detentions, final expulsion, or criminal culpability cannot be established. This explanation relies on the current consolidated text published on Matsne, including the 2026 amendments.

Legislation verified as of 9 October 2026.

This article is for informational purposes, based on the public sources cited, and does not constitute individual legal advice.