Last Change:
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
The Government of the Republic of Kazakhstan shall:
1) develop the principal directions of the state policy on issues of refugees;
2) adopt the regulatory legal acts on issues of refugees within its competence;
3) determine procedure of award, prolongation, deprivation and termination of the refugee
’s status;
4) determine centres of temporary settlement in case of mass influx of asylum seekers,
and approve the procedure for reception and accommodation therein;
4-1) shall be excluded by the Law of the Republic of Kazakhstan dated 29.09.2014 № 239
-V (shall be enforced upon the expiration of ten calendar days after the day of its first official
publication);
5) excluded by Law of the Republic of Kazakhstan No. 223-VII dated 19.04.2023 (shall
be enacted ten calendar days after the day of its first official publication).
Footnote. Article 5 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); dated 29.09.2014 № 239-V(shall be enforced upon the expiration of ten calendar
days after the day of its first official publication); dated 19.04.2023 (shall be enacted ten
calendar days after the day of its first official publication).
1. Protection shall be provided as for children, willing to win refugee status and refugee
children as arrived without parents or other legal representatives, as in those cases, when the
parents and other family members may not be founded, as for other children in the Republic
of Kazakhstan, left without parental care in accordance with the legislation of the Republic of
Kazakhstan on rights of the child.
2. The refugee certificate shall be issued to the refugee children, being in the territory of
the Republic of Kazakhstan without parents or legal representatives.
Reasons for rejection to the person, seeking refuge in award of the refugee’s status shall
be the following circumstances:
1) absence well-founded fears, that a person may be a victim pf persecution on ground of
race, nationality, religion, citizenship, affiliation to particular social group or political
opinions;
2) if a person refused to report or report knowingly false information on himself (herself)
and on the circumstances of arrival on the territory of the Republic of Kazakhstan, and also
represent the false documents;
3) availability of the citizenship at a person of third state, the protection of which he (she)
may use;
4) if a person immediately arrived from the secure territory of third country;
5) if in relation of this person have compelling reasons to suppose that he (she) participate
or participated in the activity of terrorist, extremist, as well as prohibited religious
organizations, operating in the country of nationality or in the country, from where he (she)
came;
6) if in relation of this person have compelling reasons to suppose that he (she) committed
an offence against the world, military offense or crime against humanity in definition, given
by this action in the international acts, concluded in order of adoption of measures in relation
of such crimes;
7) if in relation of this person have compelling reasons to suppose that he (she) committed
an enormous offense of non-political nature outside the Republic of Kazakhstan before arrival
to its territory;
8) if in relation of this person have compelling reasons to suppose that he (she) guilty in
doing, contradicted to the objectives and principles of United Nations Organization and
international organizations, the members of which the Kazakhstan is;
9) if this person enjoy protection or assistance of bodies or institutions of United Nations
Organization, except of Government of High commissioner of United Nations Organization
in the matter of refugees.
Sub-paragraph 10) of Article 12 is suspended until 01.01.2024 by Article 21 of this Law.
10) if this person refuses or fails to undergo fingerprint registration in a manner consistent
with the laws of the Republic of Kazakhstan.
Footnote. Article 12 as amended by Law of the RK No. 41-VI of 30.12.2016 (shall be
enacted on 01.01.2021).
1. A person shall be deprived the refugee’s status, if he (she):
1) reported knowingly false information or represented the false documents, constituted as
a ground for award of the refugee’s status;
2) sustained a conviction for the offence against the world, military offense or crime
against humanity in definition, given by this action in the international acts, concluded in
order of adoption of measures in relation of such crimes;
3) sustained a conviction for an enormous offense of non-political nature, committed
outside the Republic of Kazakhstan before arrival to its territory;
4) sustained a conviction for doing, contradicted to the objectives and principles of United
Nations Organization and international organizations, the members of which the Kazakhstan
is;
5) sustained a conviction for participation in the activity of terrorist, extremist, as well as
prohibited religious organizations.
2. 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 deprive the refugee status, shall
hand over or send to this person a copy of the decision indicating the reasons for this decision
and explaining the procedure for appealing the decision, and also inform the authorized body
and internal affairs bodies about the decision.
Footnote. Article 13 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).
1. The refugee’s status shall be terminated, if a person:
1) acquired citizenship of the Republic of Kazakhstan or other state and enjoy protection
of the state, the citizen of which he (she) became;
2) may not refuse any more from the enjoyment of protection of the country of his (her)
citizenship, as the circumstances on the grounds of which he (she) was recognized as a
refugee are changed;
3) forfeited citizenship of his (her) previous state, newly acquired it on a voluntary basis;
4) newly use the protection of country on a voluntary basis, the citizen of which he (she)
was;
5) indicate willingness to return in a country of origin, as the grounds of granting to him(
her) the refugee’s status stopped to carry out;
6) voluntary returned to the country, which he (she) left or from which left because of
danger of persecution;
7) left the country of the Republic of Kazakhstan for the permanent place of residence.
2. The refugee’s status shall be also terminated upon the expire of his (her) term upon
absence of prolongation.
1. An authorized body, carrying out the foreign policy activity shall:
1) represent the Republic of Kazakhstan in relations with foreign states and international
organizations on issues of refugees;
2)
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);
3) represent suggestions and recommendations on issues of relations of the Republic of
Kazakhstan with the foreign states and international organizations in the matter of refugees to
the President, the Parliament and the Government of the Republic of Kazakhstan in the
procedure, established by the legislation;
4) ensure participation of the Republic of Kazakhstan in the activity of international
organizations, conferences, meetings, forums on issues of refugees and international actions
on protection of rights of refugees;
5) assist the person, recognized as a refugee, in acquisition of information on relatives,
residing in the country of origin within its competence;
6) exercise other functions, provided by this Law, other Laws, the acts of the President
and the Government of the Republic of Kazakhstan.
2.
Is excluded 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).
2-1. An authorized body in the scope of civil protection shall:
1) submit to the Government of the Republic of Kazakhstan, in accordance with the
procedure established by the legislation of the Republic of Kazakhstan, proposals for the
release of material valuables from the state material reserve to provide assistance to refugees
in coordination with the authorized body in the field of state material reserve;
2) render assistance to the local executive bodies in deployment of tent camps, preparation
of stationary camps for reception of refugees;
3) ensure fire safety in tent and stationary camps for reception of refugees;
4) exercise other powers, provided by this Law, other Laws of the Republic of Kazakhstan
, the acts of the President of the Republic of Kazakhstan and the Government of the Republic
of Kazakhstan.
2-2. Internal affairs bodies shall:
1) carry out registration of asylum seekers and refugees at the place of residence in the
territory of the Republic of Kazakhstan;
2) approve the sample of the travel document;
3) issue a travel document;
4) on the recommendation of the national security agencies, restrict or prohibit the access
of asylum seekers and refugees to certain areas or objects located in the border zone (strip)
during natural and man-made emergencies, border search for violators of the State Border of
the Republic of Kazakhstan, repelling armed invasion or mass crossings of citizens of a
neighbouring state to the territory Republic of Kazakhstan;
5) carry out the forced expulsion of asylum-seekers and refugees in pursuance of court
decisions that have entered into legal force;
6) exercise other powers provided for by this Law, other laws of the Republic of
Kazakhstan, acts of the President of the Republic of Kazakhstan, and the Government of the
Republic of Kazakhstan.
3. Other state bodies of the Republic of Kazakhstan shall carry out regulation in the scope
of relations on issues of refugees within the competence, established by this Law, other Laws,
the acts of the President and the Government of the Republic of Kazakhstan.
Footnote. Article 7 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 03.07.2013 No. 124-V(shall be enforced upon expiry of ten
calendar days after its first official publication); dated 11.04.2014 No. 189-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); dated 30.12.2021 No. 95-VII (shall be enforced upon expiry
of ten calendar days after the day of its first official publication).