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03/17/2026

Law of the Republic of Kazakhstan dated 4 December, 2009 No. 216-IV, On Refugees

Year: 2009

Type: Domestic law

Rights Category: Asylum, Liberty & security of person

Description

The Law of the Republic of Kazakhstan "On Refugees" establishes the procedure for granting, extending, revoking and terminating refugee status, as well as the rights and obligations of asylum seekers and refugees. It establishes rules on the issuance of necessary documents (certificate, refugee certificate, travel document), the right to asylum and protection from expulsion to a country where there is danger, the possibility of subsequent acquisition of Kazakh citizenship, access to medical care and education, as well as guarantees of freedom of work and entrepreneurship on an equal basis with other foreigners.

Selected provisions
Article 10. Serving order and registration of application on award of the refugee’s status

1. An asylum seeker, within five calendar days upon arrival in the territory of the
Republic of Kazakhstan or from the moment when he/she, while in the territory of the
Republic of Kazakhstan, learned about the occurrence of circumstances to become a victim of
persecution on the basis of race, nationality, religion, citizenship, belonging to a certain social
group or political opinions, may apply personally or through an authorized representative
with a written application for granting refugee status to the local executive body of the region,
city of republican significance, and the capital at the place of his/her stay.
2. Is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII (
shall be enforced upon expiry of ten calendar days after the day of its first official publication
).
3. When crossing the State Border of the Republic of Kazakhstan, a person shall submit a
written application to the structural subdivision of the territorial subdivision of the Border
Service of the National Security Committee of the Republic of Kazakhstan.
In the absence of a checkpoint across the State Border of the Republic of Kazakhstan, a
person in case of forced illegal crossing of the State Border of the Republic of Kazakhstan
must, within 24 hours, apply to the local executive body of the region, city of republican
significance, and the capital.
4. In cases when persons detained for illegal entry or stay on the territory of the Republic
of Kazakhstan express their intention to apply for refugee status, the competent authorities
shall notify the local executive body of the region, city of republican significance, and the
capital within one day from the moment of detention.
The local executive body of the region, city of republican significance, and the capital,
within two calendar days, shall find out the circumstances of their stay in the territory of the
Republic of Kazakhstan and register an application for granting a refugee status.
5. Information on the person’s family members arrived with him (her), not attained the
age of eighteen, shall be entered in application of one of the parents on the basis of document
on birth, and upon absence of parents – to the application of their legal representatives.
Paragraph 6 is suspended until 01.01.2024; during the period of suspension, this
paragraph shall apply in the wording of sub-paragraph 2) of part two of Article 21 of this Law
.
6. On the date of registration of the application for refugee status in the Republic of
Kazakhstan, the asylum-seeker shall be issued an asylum-seeker's certificate, he/she shall be
registered for the period until a decision on his/her application is made, and he/she shall be
fingerprinted in obedience to the legislation of the Republic of Kazakhstan.
7. Information on family members, not attained the age of eighteen shall be entered in
certificate of the person, seeking refuge, of one of the parents or legal representatives.
The certificate of the person, seeking refuge shall be issued to the person, seeking refuge,
not attained the age of eighteen and arrived in the territory of the Republic of Kazakhstan.
8. The local executive body of the region, city of republican significance, and the capital
shall inform the authorized body and internal affairs bodies about the assignment, extension
of refugee status or refusal to assign, extend a refugee status within five working days from
the date of the relevant decision.
Footnote. Article 10 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); dated 27.04.2012 No. 15-V (shall be enforced upon expiry of ten
calendar days after its first official publication); dated 16.01.2013 No. 71-V (shall be enforced
upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-
V (shall be enforced upon expiry of ten calendar days after its first official publication); No.
41-VI of 30.12.2016 (shall come into force on 01.01.2021); No. 375-VI of 16.11.2020 (shall
take effect ten calendar days after the date of its first official publication); dated 30.12.2021
No. 95-VII (shall be enforced upon expiry of ten calendar days after the day of its first official
publication).

Article 8. Rights and obligations of persons, seeking refuge

1. Persons, seeking refuge shall have a right to:
1) obtainment of free services of translator and information acquisition on procedure of
award of the refugee’s status, on their rights and obligations;
2) petition for award of the refugee’s status through consular institutions of the Republic
of Kazakhstan;
3) revocation of application on award of the refugee’s status;
4) appeal against the decision of the local executive body of the region, the city of
republican significance, and the capital to refuse to grant a refugee status;
5) residence in the Republic of Kazakhstan for the term up to the termination of
decision-making process on application of award of the refugee’s status, including periods for
appeal;
6) voluntary return to the country of origin or move to the any third country;
7) medical service in accordance with the legislation of the Republic of Kazakhstan in the
field of health care service;
8) freedom of labour or entrepreneurial activity in accordance with the legislation of the
Republic of Kazakhstan;
9) judicial protection of property and private non-property weal and rights.
2. Persons, seeking refuge shall be obliged to:
1) give reliable information, necessary for adoption decisions on award of the refugee’s
status;
2) attend an obligatory medical examination in terms and procedure, established by the
authorized body in the field of health care service;
3) comply with the legislation of the Republic of Kazakhstan;
4) notify the local executive body of the region, the city of republican significance, and
the capital about the intention to leave the territory of the Republic of Kazakhstan;
5) when changing the place of residence on the territory of the Republic of Kazakhstan,
deregister from the local executive body of the region, city of republican significance, and the
capital at the previous place of residence and register with the local executive body of the
region, city of republican significance, and the capital at the new place of residence within
five working days from the date of arrival, as well as register at the place of residence in
accordance with the procedure established by the legislation of the Republic of Kazakhstan;
Sub-paragraph 6) of paragraph 2 is suspended until 01.01.2024 by Article 21 of this Law.
6) undergo dactyloscopy registration in a manner consistent with the laws of the Republic
of Kazakhstan.
3. Asylum seekers shall have other rights and freedoms, as well as bear all the obligations
established by the Constitution, laws, and international treaties of the Republic of Kazakhstan
for foreigners and stateless persons.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated
29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); No. 41-VI of 30.12.2016 (shall take effect on 01.01.2021); dated
30.12.2021 No. 95-VII (shall be enforced upon expiry of ten calendar days after the day of its
first official publication).

Article 15. Procedure for appealing against the decision of the competent authority

The decision of the local executive body of the region, the city of republican significance,
and the capital to refuse to assign, extend the status of a refugee or to deprive the status of a
refugee may be appealed in the manner prescribed by the laws of the Republic of Kazakhstan.
Footnote. Article 15 as reworded by Law of the RK No. 351-VI of 29.06.2020 (shall take
effect on 01.07.2021); as amended by the Law of the Republic of Kazakhstan dated
30.12.2021 No. 95-VII (shall be enforced upon expiry of ten calendar days after the day of its
first official publication).

Article 18. Return and deportation

1. Asylum seekers and refugees must voluntarily leave the territory of the Republic of
Kazakhstan together with their family members within one month from the date of the
decision of the local executive body of the region, the city of republican significance, and the
capital, the authorized body or court to refuse to grant, extend or deprive a refugee status, as
well as on termination of a refugee status.
2. In case of refusal of asylum seekers and refugees to voluntarily leave the territory of the
Republic of Kazakhstan, the forced expulsion of asylum seekers and refugees shall be carried
out by the internal affairs bodies in accordance with the legislation of the Republic of
Kazakhstan and in pursuance of court decisions that have entered into force.
Return and deportation of persons, seeking refuge and refugees to the frontiers of the
country, wherein their life and freedom are endanger on grounds of race, nationality, religion,
citizenship, affiliation to particular social group or political opinions shall be prohibited.
Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated
29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); dated 30.12.2021 No. 95-VII (shall be enforced upon expiry of ten
calendar days after the day of its first official publication).

Article 4. Basic principles of the state policy on issues of refugees

Article 4. Basic principles of the state policy on issues of refugees
The basic principles of the state policy on issues of refugees shall be:
1) ensuring persons, seeking refuge and refugees with the right to refuge in accordance
with the procedure, established by this Law;
2) inadmissibility of discrimination on grounds of social origin, race, nationality,
citizenship, religion and political opinions upon carrying out procedures on award of status of
refugee;
3) confidentiality compliance of information on personal life of persons, seeking refuge,
and refugees;
4) assistance to reunification of separated families, seeking refuge, and refugees;
5) protection of rights of refugee children, being in the Republic of Kazakhstan in
accordance with the Legislation of the Republic of Kazakhstan on rights of the child;
6) non-admission of removal of persons, seeking refuge and refugees upon availability of
grounds, provided by second part of paragraph 2 of Article 18 of this Law.

Article 1.The basic concepts, used in this Law

The following concepts shall be used in this Law:
1) refugee – a foreigner, which in view of a well-founded fear of being persecuted on
ground of race, nationality, religion, citizenship, affiliation to particular social group or
political opinions, is outside the country of his (her) citizenship and is unable to enjoy
protection of his (her) country, or does not wish to enjoy such protection, in consequence of
such fears, or a person without citizenship residing outside his (her) country of permanent
place of residence or citizenship, who are unable or unwilling to return to it in consequence of
these fears;
2) refugee certificate – a document, certifying personality and confirming the refugee’s
status;
3) excluded by Law of the RK No. 327-VI of 13.05.2020 (shall be enacted on 01.01.2021)
;
4) secure third country – the country, in which the person, seeking a refuge was temporary
resided until the arrival to the Republic of Kazakhstan and where he (she) may be granted or
was granted access to the effective mechanisms of protection and determination of refugee
status;
5) refuge – granting protection to the persons, seeking refuge by award of status of
refugee in the territory of the Republic of Kazakhstan;
6) a person, seeking refuge, - a foreigner or person without citizenship, indicated
willingness to apply for refuge in the Republic of Kazakhstan until adoption of conclusive
decision by the authorized body on its application on award of status of refugee;
7) a certificate of person, seeking refuge – a document, issued by the authorized body,
confirming registration of application on award of status of refugee;
8) an authorized body – the state body, carrying out management in the scope of
regulation of relations on issues of refugees;
9) country of consignment – the country of citizenship of foreigner or permanent place of
residence without citizenship.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated
29.01.2013 No. 74-V (shall be enforced upon expiry of ten calendar days after its first official
publication); No. 327-VI of 13.05.2020 (shall come into force 01.01.2021).

Article 11. Award of the refugee’s status

Note!
Paragraph 1 is amended by the Law of the Republic of Kazakhstan dated 30.12.2021 No.
95-VII (effective after ten calendar days after the date of its first official publication).
Part one of Paragraph 1 is suspended until 01.01.2024; during the period of suspension,
this part shall apply in the wording of sub-paragraph 3) of part two of Article 21 of this Law.
1. The decision to grant a refugee status shall be made by the local executive body within
three months from the date of registration of the application for granting a refugee status.
In the cases, when an additional verification shall be required for adoption of decision, the
pronouncement of conclusive decision shall be reserved for the term no more than one year.
2. Recognition of persons, being the members of one family, shall be carried out by
refugees in relation of each member of family, attained the age of eighteen, in recognition of
circumstances, provided by subparagraph 1) of Article 1 of this Law.
In case of absence of circumstances, provided in subparagraph 1) of Article 1 of this Law,
in relation of one of the members of family, attained the age of eighteen, this family member
shall be also recognized as a refugee in order of ensuring of family reunification.
Requirements of this Article, as well as Articles 10, 12, 13 and 14 of this Law shall be
applied upon submission of application to the spouse (spouse) of person, won refugee status
or applied to for refugee in the Republic of Kazakhstan for the purpose of family reunification
.
The spouse (wife) and minor children of persons who arrived on the territory of the
Republic of Kazakhstan later than the person who received the status of a refugee in the
Republic of Kazakhstan, or an asylum seeker, when applying for family reunification, must
submit evidence and (or) documents to the local executive body, confirming their family
relationship.
Upon violation of unity of family in consequence of divorce or death of refugee, the
refugee’s status of members of his (her) family shall be maintained for the term of decision on
award to him (her) the refugee’s status.
3. Recognition of the person, not attained the age of eighteen by refugee and arrived in the
territory of the Republic of Kazakhstan without parents or legal representatives, shall be
carried out in recognition of the interests of this person in accordance with this Law after
acquisition of information on parents or legal representatives.
4. In case if a person, recognized as a refugee, born a child, the legal position of the child
shall be determined in accordance with the legislation of the Republic of Kazakhstan.
5. Refugee status shall be granted for a period of one year. A person who has been granted
a refugee status shall be issued a refugee certificate by the local executive body of the region,
city of republican significance, and the capital within five working days from the date of the
decision.
If the former circumstances that served as the basis for granting him/her a refugee status
persist in the country of origin of the refugee, the term of refugee status shall be extended for
one year and for each subsequent year by the local executive body of the region, city of
republican significance and the capital on the basis of the refugee's application submitted by
him/her one month before the end of the specified term.
6. In the event that an asylum seeker is denied a refugee status, the local executive body
of the region, city of republican significance, and the capital, within five working days from
the date of the decision to refuse, shall hand over or send to the asylum seeker a copy of the
decision indicating reasons for the refusal and an explanation of the procedure for appealing
the decision.
Footnote. Article 11 as amended by Law of the RK No. 41-VI of 30.12.2016 (shall be
enacted on 01.01.2021); dated 30.12.2021 No. 95-VII (shall be enforced upon expiry of ten
calendar days after the day of its first official publication).

Article 9. The rights and obligations of refugees

1. Refugees shall have a right to:
1) refuge;
2) request information from relevant authorized bodies on relatives, residing in the
country of origin;
3) appeal against the decision of the local executive body of the region, the city of
republican significance, and the capital to refuse to renew, deprive or terminate a refugee
status;
4) voluntary return to the country of origin or move to the any third country;
5) medical service in accordance with the legislation of the Republic of Kazakhstan in the
field of health care service;
6) freedom of labour or entrepreneurial activity in accordance with the legislation of the
Republic of Kazakhstan;
7) judicial protection of property and private non-property weal and rights.
8) taking property, brought by himself (herself), as well as acquired by him (her) in the
territory of the Republic of Kazakhstan, to another country, in which the right of entry for
location is granted to him (her);
9) obtaining of certificate of refugee and travel document.
2. Refugees shall be obliged to:
1) comply the legislation of the Republic of Kazakhstan;
2) notify the local executive body of the region, the city of republican significance, and
the capital about the intention to leave the territory of the Republic of Kazakhstan;
3) when changing the place of residence on the territory of the Republic of Kazakhstan,
deregister from the local executive body of the region, city of republican significance, and the
capital at the previous place of residence and register with the local executive body of the
region, city of republican significance, and the capital at the new place of residence within
five working days from the date of arrival, as well as register at the place of residence in
accordance with the procedure established by the legislation of the Republic of Kazakhstan.
3. Persons, having the refugee’s status, shall have a rights and freedoms, as well as incur
all obligations, established by the , the Laws and international treaties of theConstitution
Republic of Kazakhstan for foreigners and persons without citizenship.
Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated
29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); dated 30.12.2021 No. 95-VII (shall be enforced upon expiry of ten
calendar days after the day of its first official publication).

Article 6.The competence of the authorized body

An authorized body shall:
1) develop and implement State Refugee Policy;
2) develop, confirm the regulatory legal acts on issues of refugees within its competence;
2-1) carry out coordination and methodological guideline of local executive bodies on
issues of refugees;
3) effect international cooperation on issues of refugees;
4)
is excluded by the Law of the Republic of Kazakhstan dated 03.07.2013 No. 124-V (
shall be enforced upon expiry of ten calendar days after its first official publication);
5)
is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (
shall be enforced upon expiry of ten calendar days after its first official publication);
6) carry out the state control of observance of the legislation of the Republic of
Kazakhstan on refugees;
7) confirm the procedure of registration and consideration of application on award of
status of refugee, samples of the certificate of person, seeking refuge;
8) assist the person, recognized as a refugee, in acquisition of information on relatives,
residing in the country of origin within its competence;
9) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII (
shall be enforced upon expiry of ten calendar days after the day of its first official publication
);
10) ) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
11) ) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
12) ) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
13) develop and approve a standard regulation on the commission for implementation of
the procedure for granting, extending, depriving, and terminating a refugee status;
13-1) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
13-2) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
13-3) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
13-4) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
13-5) is excluded by the Law of the Republic of Kazakhstan dated 30.12.2021 No. 95-VII
(shall be enforced upon expiry of ten calendar days after the day of its first official
publication);
14) exercise other functions, provided by this Law, other Laws, the acts of the President
and the Government of the Republic of Kazakhstan.
Footnote. Article 6 as amended by the Laws of the Republic of Kazakhstan dated
29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its first
official publication); dated 29.01.2013 No. 74-V (shall be enforced upon expiry of ten
calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be
enforced upon expiry of ten calendar days after its first official publication); dated 03.07.2013
No. 124-V (shall be enforced upon expiry of ten calendar days after its first official
publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days
after its first official publication); dated 29.09.2014 № 239-V(shall be enforced upon the
expiration of ten calendar days after the day of its first official publication); No. 375-VI of
16.11.2020 (shall take effect ten calendar days after the date of its first official publication);
dated 30.12.2021 No. 95-VII (shall be enforced upon expiry of ten calendar days after the day
of its first official publication); No. 223-VII of 19.04.2023 (shall be effective ten calendar
days after the date of its first official publication).

Article 6-1. The competence of local executive bodies of regions, cities of republican significance, and the capital

Local executive bodies of regions, cities of republican significance and the capital shall:
1) implement, within their competence, the state policy on the issues of refugees;
2) issue a certificate of an asylum seeker;
3) carry out the procedures for granting, extending, depriving, and terminating a refugee
status;
4) issue a refugee certificate;
5) form and send monthly the lists of asylum seekers and refugees to the authorized body,
national security bodies, and internal affairs bodies;
6) create commissions for the implementation of the procedure for granting, extending,
depriving and terminating a refugee status;
7) ensure the observance of the rights of asylum seekers and refugees;
8) exercise in the interests of local government other powers assigned to local executive
bodies by the legislation of the Republic of Kazakhstan.
Footnote. The Law is supplemented by Article 6-1 in accordance with the Law of the
Republic of Kazakhstan dated 30.12.2021 No. 95-VII (shall be enforced upon expiry of ten
calendar days after the day of its first official publication).

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