Law of the Republic of Tajikistan on Refugees - Generic

1) Persons seeking asylum, applying for refugee status, recognized as refugees, those who have lost refugee status, or those deprived of refugee status cannot be returned or expelled against their will to a state where their life or freedom is threatened due to persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

2) The circumstances specified in the first paragraph of this article do not apply to refugees who, for valid reasons, are considered a threat to the national security of the country in which they reside or who have been convicted by a final court decision for committing a particularly serious crime and pose a public danger to the country.

3)Information about persons applying for refugee status or recognized as refugees cannot be disclosed to the authorities or public organizations of their country of citizenship (or previous residence) without their written consent.

4) Decisions and actions (or inaction) of state authorities and officials related to the application of this Law may be appealed to higher authorities and/or a court.

5) The period for filing a complaint with a higher authority or a court must not exceed one month from the date of receipt of a written notification of refusal to register a refugee status application, loss of refugee status, or deprivation of refugee status. Filing a complaint with a higher authority does not preclude a judicial appeal. If a complaint is submitted to a higher authority and no written response is received within a month, the person has the right to appeal to the court.

6) Until a decision is made on the complaint, the complainant and their family members retain the rights and fulfill the obligations stipulated by this Law and other normative legal acts of the Republic of Tajikistan. During this period, the validity of the temporary certificate of an asylum seeker or the refugee certificate is extended by the internal affairs authorities for the duration of the complaint review and judicial decision. At the same time, the internal affairs authorities extend the registration period of the asylum seeker or the validity of the refugee certificate and residence permit.

7) The temporary certificate of registration of a refugee status application or the refugee certificate is extended for the period required for the decision by the higher authority or the court. Additionally, upon a written request from the State Migration Authority, the registration period of the person with the internal affairs authorities and the residence permit is also extended.

8) A person who has received notification of refusal to register a refugee status application, refusal of refugee status, loss of refugee status, or deprivation of refugee status under this Law and has exhausted their right to appeal as provided in this article must leave the Republic of Tajikistan with their family members no later than one month from the date of receiving the notification of rejection of their appeal, unless there are other legal grounds for staying in the Republic of Tajikistan.

A person who is forced to cross the State Border of the Republic of Tajikistan illegally and declares their intention to be recognized as a refugee in the Republic of Tajikistan is detained by border troops of the national security authorities without being subjected to the sanctions established by the regulatory legal acts of the Republic of Tajikistan for illegal entry into or illegal stay in the Republic of Tajikistan.

1. An individual recognized as a refugee and their accompanying family members have the right to:

Receive information about their rights and duties, as well as other information in accordance with this Law;
Reside in the Republic of Tajikistan for the duration of their refugee status, in the locations determined by the Government of the Republic of Tajikistan;
Exclusion;

Settle independently with a citizen of the Republic of Tajikistan or a foreign citizen or stateless person permanently residing in the Republic of Tajikistan, in accordance with the laws of the Republic of Tajikistan;
Exclusion;

Participate in integration programs developed by the State Migration Authority;
Receive medical care, employment, or engage in business activities, in accordance with the regulatory legal acts of the Republic of Tajikistan, unless otherwise specified;
Receive primary and secondary education;
Receive assistance from the State Migration Authority in obtaining information about relatives residing in the country of the refugee's citizenship or previous place of residence;
Apply to the internal affairs authorities at their place of residence for assistance in obtaining travel documents for themselves and their family members, in coordination with the national security authorities of the Republic of Tajikistan;
Obtain a residence permit and other relevant documents at the internal affairs authorities at their place of residence in the prescribed manner;
Submit an application for permanent residence in the Republic of Tajikistan based on grounds unrelated to their refugee status or for acquiring citizenship of the Republic of Tajikistan in accordance with the legislation of the Republic of Tajikistan;
Voluntarily return to their country of citizenship (previous place of residence);
Leave for another country for residence;
Receive financial and other assistance as determined by the Government of the Republic of Tajikistan;
Enjoy other rights provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan.
2. An individual recognized as a refugee and their accompanying family members are obliged to:

Comply with the requirements of the Constitution of the Republic of Tajikistan, this Law, and other regulatory legal acts of the Republic of Tajikistan;
Register with the internal affairs authorities at their place of residence no later than three working days after receiving their refugee certificate, if settling independently;
After receiving a temporary settlement directive from the State Migration Authority, leave for the designated settlement location within three working days, and register at the local internal affairs authority within three working days of arrival;
Provide the State Migration Authority with information about changes in their surname, first name, family composition, marital status, acquisition of Tajik citizenship or citizenship of another state, or obtaining permanent residence status in the Republic of Tajikistan no later than one working week after the change;
Notify the State Migration Authority of any intent to change their place of residence within the Republic of Tajikistan or leave the country;
Upon changing their residence, deregister from the internal affairs authority and register at the new place of residence within three working days;
Undergo annual re-registration within the time frames established by the State Migration Authority;
Fulfill other duties provided by the legislation of the Republic of Tajikistan for foreign citizens and stateless persons permanently residing in the Republic of Tajikistan.

The following circumstances serve as grounds for refusing to grant refugee status to an asylum seeker if:

The person's application is clearly unfounded or constitutes an abuse of the process;

Exclusion clauses provided for in this Law have been identified;

The person was previously denied refugee status due to the absence of circumstances indicating persecution, provided that the situation in the country of their nationality or former residence has not changed from the date of the refusal to the date of submitting a new application;

The person holds the nationality of a third country whose protection they can avail themselves of or has the right to legally reside in a third country without reasonable fear of persecution in that country;

The person arrived directly from the territory of a third safe country where they had been staying temporarily before arriving in the Republic of Tajikistan and had not been subjected to persecution or had the opportunity to apply for asylum or refugee status in accordance with established procedures;

The person left their country of nationality (or former residence) and refuses to return due to fear of punishment under the laws of that country for illegal departure from its territory or for committing another offense there;

The person was forced to illegally cross the State Border of the Republic of Tajikistan with the intention of applying for refugee status but, without valid reasons, failed to submit an application for recognition as a refugee in accordance with the procedure established by this Law;

The person refuses to provide personal information or knowingly provides false information about themselves and/or the circumstances of their arrival in the Republic of Tajikistan;

The person is married to a citizen of the Republic of Tajikistan and, under the laws of the Republic of Tajikistan, has the opportunity to obtain a permanent residence permit in Tajikistan;

The person already holds a permanent residence permit (residence permit) in the Republic of Tajikistan.

Internal Affairs Bodies:
Coordinate the activities of state authorities on refugee issues;
Oversee and control the activities of the relevant divisions of internal affairs bodies at the local level;
Receive and transfer to the territorial migration authorities information on the political, socio-economic, and sanitary-epidemiological situation in the state of the applicant's nationality (previous place of residence), as well as information on changes in passport-visa regimes of foreign states and rules for the stay of asylum seekers in Tajikistan;
Present to the Government of Tajikistan regulations on refugee identification, forms of refugee identity cards, travel documents, and suggestions for improving legal acts in this area;
Establish temporary accommodation centers for asylum seekers and their families and ensure their operation ;
Receive necessary information from individuals and legal entities, regardless of ownership forms, for the verification of information provided by the asylum seeker;
Assist an asylum seeker or a refugee under the age of eighteen who arrives in Tajikistan without legal representatives in obtaining information about the location of their parents, legal representatives, or relatives;
Grant or deny refugee status in Tajikistan based on the decision of the Joint Permanent Commission on Refugee Status Determination at the Ministry of Internal Affairs ;
Verify and determine the authenticity of information provided by applicants for refugee status based on their registration documents;
Issue temporary identity cards for asylum seekers;
Issue refugee identity cards and travel documents to those granted refugee status ;
Conduct annual re-registration of refugees together with the relevant authorities;
Decide on the loss of refugee status or its revocation in accordance with the law;
Interact with state administration bodies, executive authorities at the local level, and individuals and legal entities on other matters within its competence;
Register and extend the registration periods for asylum seekers and refugees;
Issue and extend temporary residence permits for refugees in accordance with Tajikistan's laws;
If necessary, conduct identity verification for applicants for refugee status who lack identification documents;
Conduct fingerprinting of applicants for refugee status;
Implement forced expulsion of asylum seekers and refugees who refuse to voluntarily leave Tajikistan, in accordance with Tajikistan’s laws .
National Security Bodies of Tajikistan:

Within their competence, provide information to the State Migration Authority on the circumstances outlined in Articles 3 and 7 of this Law concerning individuals applying for refugee status or seeking asylum;
In coordination with the General Prosecutor’s Office of Tajikistan, make decisions on the expulsion of individuals who have been denied registration for asylum or refugee status, and their family members who have failed to leave Tajikistan within the established time frame;
Detain individuals attempting to cross Tajikistan’s state border at checkpoints or outside of them if they are asylum seekers without entry permission, notifying the relevant internal affairs authorities within 72 hours, ensuring the principle of non-refoulement.

Internal Affairs Ministry of Tajikistan:

Upon written request from the State Migration Authority, register and extend the registration period for individuals whose refugee applications are being processed and who have temporary registration certificates;
Issue and extend temporary residence permits for refugees in accordance with Tajikistan’s laws;
If necessary, conduct identity verification for applicants for refugee status who lack identification documents;
Conduct fingerprinting of applicants for refugee status.

State Border Protection Authority of Tajikistan:

In cooperation with border guard units from other countries in Tajikistan, detain asylum seekers attempting to cross the border at authorized points or elsewhere without entry permission, and notify the internal affairs authorities within 72 hours.
Local Executive Authorities:

Determine temporary settlement areas for those whose applications for refugee status have been registered by the State Migration Authority;
Assist in the integration of recognized refugees, considering available jobs and vacancies in the labor market;
Provide temporary accommodation for refugees who cannot arrange housing independently.

1) The settlement of asylum seekers who are applying for refugee status and are unable to settle on their own is carried out by the local executive authority at the location of the relevant Ministry of Internal Affairs that registered the application.

2) Temporary accommodation centers may be created for the settlement of persons applying for refugee status. These centers are established upon the proposal of the State Migration Authority, in coordination with the relevant ministries and agencies, based on a decision by the Government of the Republic of Tajikistan.

3) The distribution of persons recognized as refugees and unable to settle on their own is carried out in accordance with the annual refugee intake quota for each region and district of the Republic of Tajikistan, established by the Government of the Republic of Tajikistan.

4) Residential premises for the temporary settlement of recognized refugees are provided by the chairmen of regions and districts according to the established quota through a lease agreement for the duration of their recognition as refugees.

5) The decision to provide a recognized refugee with residential accommodation for temporary settlement is made by the relevant authorities in accordance with the regulation on the stay of refugees in the Republic of Tajikistan.

6) In the event of a mass arrival of asylum seekers applying for refugee status under the circumstances provided for in this Law, the settlement and conditions for the accommodation of these individuals are determined by the Government of the Republic of Tajikistan.

Work with asylum-seekers and refugees is based on the following principles:
- Non-discrimination;
- Non-refoulement;
- Family reunification;
- Confidentiality;
- Priority to protect the interests of vulnerable persons. (Law No1124 of 26.07.14)

The following basic concepts are used in this Law:

Refugee – a person who is not a citizen of the Republic of Tajikistan and is on its territory due to well-founded fears of being persecuted in their country of citizenship on the grounds of race, religion, nationality, membership in a particular social group, or political opinion, and who is unable or unwilling to avail themselves of the protection of that country, or a person who, being stateless and staying in the Republic of Tajikistan due to such circumstances, cannot or does not wish to return to their country of habitual residence because of such fears;

Asylum Seeker – a foreign citizen or stateless person who has left their country of citizenship or previous place of residence with the intention of applying for refugee status in the Republic of Tajikistan;

Temporary Residence Place – a temporary settlement for asylum seekers and their family members who are applying for recognition as refugees or who have been recognized as refugees;

Temporary Asylum Seeker ID – a document confirming the identity and legal status of asylum seekers who are applying for refugee status in the Republic of Tajikistan in accordance with this Law;

Temporary Accommodation Center – a specialized center of the internal affairs authorities for the temporary accommodation of asylum seekers and their family members, who are applying for refugee status, during the initial identification and registration procedures;

Travel Document – a document issued by the internal affairs authorities to persons recognized as refugees, allowing them to travel outside the Republic of Tajikistan and re-enter the territory of the Republic of Tajikistan;

Refugee Identity Document – a standardized document confirming the identity of asylum seekers recognized as refugees in the Republic of Tajikistan;

Refugee Status – the legal status (a set of rights, freedoms, duties, and legitimate interests defined by the legislation of the Republic of Tajikistan) of persons seeking asylum who have been recognized as refugees in the Republic of Tajikistan.

In the case of a mass arrival of individuals seeking asylum in the Republic of Tajikistan, applying for refugee status under the circumstances provided by this Law, their settlement and conditions of detention shall be determined by the Government of the Republic of Tajikistan.