The case concerned an appeal submitted by the applicant against the rejection of his application as unfounded because Georgia is a safe country of origin. 

The Court of the Hague noted first that the State Secretary conducted assessments and reassessment of the country-of-origin situation and conclude that the reassessment done on 6 May 2021 is still valid. Precisely, these reassessments concluded that the designation of Georgia as a safe country of origin will continue, with the exception of the areas not under the effective control of the central authorities, and with increased focus on the fact that this assessment could be different about LGBTI people. The court noted the sources used by the State Secretary and that the State Secretary has duly substantiated the reasons and the exceptions to be taken into account when assessing the information from the sources consulted and which lead to the conclusion that Georgia can continue to be considered as a safe country of origin. The State Secretary noticed that there has been a decline in political rights as a result of significant shortcomings in the 2020 elections, but this decline had no direct impact on the safety of individuals.

The applicant submitted a number of exchange of messages and claimed that access to the police and judiciary in Georgia is significantly limited for single women who are victims of domestic violence, as in her case. The State Secretary underlined that the reassessment of 6 May 2021 only made an exception category by referring to LBGTI, to which category the applicant does not belong to.

The applicant bears the burden of proof to demonstrate that Georgia is not a safe country for her and although she stated to be a single Muslim woman who has experienced domestic violence in the past, it does not constitute a reason to consider that she would fall under an exception category. 

The State Secretary assessed the probability for the applicant to be subject to domestic violence as small, she lived in Turkey for a long period of time and the State Secretary considered that since she had not seen her relatives for a long period, she may reasonably be expected to be able to settle independently in Georgia without the risk of being a victim of domestic violence by her relatives. Although her statements on the issues with her relatives were assessed as credible, this does not automatically result into a ground for being granted protection in Netherlands. The applicant has first the duty to exhaust the options provided in the country of origin for accessing state protection.

The Court of the Hague agreed with the findings of the State Secretary and concluded that the applicant did not make it plausible that Georgia would not be a safe country of origin for her or that she falls under the exception category.