Last Change:

03/17/2025

Law of the Republic of Tajikistan on Refugees

Year: 2002

Type: Domestic law

Rights Category: Asylum, Freedom of movement

Description

Конуни Чумхурии Точикистон "Дар бораи гурезахо"

Selected provisions
Article 6 - The Procedure for Submitting and Considering Asylum Applications

1. Individuals wishing to seek asylum in Tajiki-stan can apply to the country's dip-lomatic or consu-lar missions for refugee status.

2. Asylum seek-ers under 18 must apply in writing, either personally or through a rep-resentative, to the relevant authori-ties at border posts or migration offices, depend-ing on their situa-tion.

3. If an asylum seeker is unable to apply due to health reasons, a representative can submit the application with medical docu-mentation.

4. Those who il-legally cross the border and seek asylum will be de-tained by border guard units with-out penalties for illegal entry.

5. Border guard units must notify the nearest mi-gration authority within 72 hours about asylum seekers.

6. Information about the asylum seeker's under-age family mem-bers is included in the application, and if there are no parents, it is submitted by a legal representa-tive or another family member.

7. If an unaccom-panied minor seeks asylum, migration authori-ties will interview them and transfer them to child pro-tection services until their legal status is deter-mined.

8. The legal sta-tus of those who are declared men-tally incapable is determined ac-cording to Tajiki-stan's laws.

9. Applications from family mem-bers are pro-cessed separate-ly for each adult, considering the law.

10. If a family member over 18 does not meet the legal require-ments but agrees to reunite the family, they may also be granted refugee status.

11. A decision on refugee status is made within 10 working days by a permanent commission after interviews and background checks.

12. Family mem-bers under 18 are listed in the certif-icate of one par-ent or a legal rep-resentative

13. An unaccom-panied minor may also receive a certificate from guardianship au-thorities.

14. The certifi-cate is necessary for registering the asylum seeker and their family members.

15. The certifi-cate can also serve as a basis for temporary set-tlement for asy-lum seekers.

16. The perma-nent commission, which includes representatives from various gov-ernment bodies, oversees the ref-ugee status de-termination pro-cess, with proce-dures defined by the Tajik govern-ment.

In summary, this outlines the proce-dures for asylum seekers in Tajiki-stan, including how to apply, the role of authorities in processing ap-plications, and the special provisions for minors and individuals unable to apply due to health or other reasons

Article 11 - Asylum Procedures

1) The grounds and procedure for recognizing an individual seeking asylum in the Republic of Tajikistan as a refugee are determined by the internal affairs authorities through the establishment of the following requirements:

-results of the questionnaire of the asylum seeker based on individual interviews;
-the reliability of the information obtained about the asylum seeker and their accompanying family members;
-the circumstances of arrival in the Republic of Tajikistan;
-the content of the submitted documents;
-properly formalized explanations, if any;
-other documents.

2) The application for recognition as a refugee shall be considered no later than 3 months from the date of registration by the internal affairs authorities. The registration period is also extended by the same period.

3) The term for considering the application may be extended by the State Migration Authority if there are difficulties in determining the validity of the applicant's fears of being persecuted, but no more than 3 months from the date of registration of the refugee application.

4) The procedure for recognizing an individual as a refugee may be suspended at any stage if it is found during the consideration of the application that the individual provided false information or committed acts that pose a threat to the national security of the host country or violate public order.

5) A decision to recognize or reject an individual as a refugee is made by the State Migration Authority based on the conclusion of the joint permanent commission for determining refugee status at the internal affairs authorities and the materials of the applicant's personal file, taking into account the procedure followed, the consideration of the application, and the provided documents.

6) An individual granted asylum, recognized as a refugee, and who has reached the age of eighteen, shall be issued a certificate in the prescribed form by the State Migration Authority in accordance with the "Instructions for Refugee Identification" approved by the Government of the Republic of Tajikistan.

7) An individual recognized as a refugee, who has reached the age of eighteen and arrived in the Republic of Tajikistan without a legal representative, may also be issued a certificate, taking into account the opinion of the guardianship and trusteeship authorities.

8) The certificate, along with the internal affairs authorities' application, serves as the basis for obtaining a residence permit for the individual recognized as a refugee and their family members for the duration of their refugee status.

9) An individual seeking asylum is recognized as a refugee for a period of up to 3 years, and a refugee certificate is issued for the same period. If the individual retains their citizenship or previous place of residence and the circumstances that led them to become a victim of persecution, the duration of their refugee status and the validity of their refugee certificate may be extended for every subsequent 3-year period based on the decision of the joint permanent commission for determining refugee status at the internal affairs authorities.

10) The internal affairs authorities shall inform the relevant authority about the final decision to refuse refugee status, remove the individual from the registry, and apply for the issuance of an exit visa for the individual and their family members to leave the Republic of Tajikistan.

11) An individual who has received a notification of refusal of refugee status under this Law must leave the Republic of Tajikistan along with their family members no later than one month from the date of receiving the refusal notice, if they do not have any other legal grounds to stay in the Republic of Tajikistan.

12) An individual who has been refused refugee status, based on new circumstances, has the right to reapply to the internal affairs authorities for refugee status in accordance with the procedure established by this Law.

Article 10 - Rights and Duties of Asylum Seekers and Their Family Members

1. An asylum seeker and their family members have the following rights:

Receive information about the procedure for being recognized as refugees, as well as their rights and duties in accordance with this Law;
Reside during the consideration of their application in temporary settlement locations as directed by the migration authorities, or settle independently in the family of a citizen of the Republic of Tajikistan or a foreign citizen or stateless person permanently residing in the Republic of Tajikistan;
Receive emergency medical assistance in state healthcare institutions;
Receive primary and secondary education;
Receive social assistance in the manner prescribed by the Government of the Republic of Tajikistan;
The right to work or engage in entrepreneurial activities in accordance with the legislation of the Republic of Tajikistan;
Submit an application to cease consideration of their asylum request.
2. Asylum seekers and their family members are obliged to:

Arrive at the designated temporary settlement location within 72 hours of receiving the directive for temporary settlement, and within three working days of arrival, register at the local internal affairs authority, providing personal documents;
Inform the internal affairs authorities about any change of residence within the Republic of Tajikistan and their intent to leave the country within three working days;
Immediately undergo mandatory medical examination as determined by the health and social protection authorities;
Provide the migration authorities with truthful information necessary for making a decision on the substance of the application;
Notify the migration authorities of any changes in personal data and place of residence.

Part No.1 of Article 14 - Guarantees of the rights of persons seeking asylum and recognized as refugees

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

Article No. 3 - Persons not deserving of international protection or not in need of it

This law does not apply to asylum seekers and refugees if there are grounds to believe they have committed war crimes, serious non-political crimes abroad, or actions that violate the goals and principles of the United Nations.

Article No.13 - Termination of refugee status and its revocation

Refugee status is terminated in several situations, such as acquiring permanent residence or citizenship in another country, voluntarily returning to their home country, or when the circumstances that led to their refugee status no longer exist. A person can also lose refugee status if they provide false information or documents, pose a threat to national security, or meet conditions outlined in the law. The decision to terminate or re-voke refugee sta-tus is made by a joint commission of internal affairs agencies. The person is notified within five working days. If refugee status is lost, the person must leave Tajikistan within a month if they do not appeal the de-cision. If refugee status is revoked, they lose the right to use temporary housing provided by the authorities.

Article No.7 - Limitation of the Rights of Individuals Seeking Asylum and Applying for Refugee Status

The rights of individuals seeking asylum and applying for recognition as refugees may be limited in cases provided by the laws and other regulatory legal acts of the Republic of Tajikistan in order to ensure the protection and national security of the state, safeguard the foundations of the constitutional order, protect morality, health, and the rights and freedoms of others.

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