Last Change:
06/04/2025
Law No. 570-V of 3 June 2017 "On Refugees". (Amendment of the 2012 Law)
Year: 2017
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
Description
The Law on Refugees establishes the procedures and grounds for recognizing a person as a refugee in Turkmenistan, for granting of complementary and temporary protection in Turkmenistan, the legal status of persons granted refugee status, complementary and temporary protection, establishes legal, economic and social guarantees of protection of the rights of persons granted refugee status, complementary and temporary protection in Turkmenistan. It also outlines the functional responsibilities of the state bodies of Turkmenistan regarding refugee-related matters.
Selected provisions
1. To receive refugee status or complementary protection a person must apply in person or though his authorized representative with a written claim for refugee status or complementary protection to the following governmental agencies:
1) In case of arrival to Turkmenistan State border crossing point - to the agencies of the State Migration Service (hereinafter, agencies of the Migration Service);
2) In case of lawful stay in Turkmenistan - to the agencies of the Migration Service according to the place of residence;
3) In case of forced displacement in breach of the rules for crossing the State Border of Turkmenistan - to respective organizational units of the State Border Service of Turkmenistan.
In case of forced displacement in breach of the rules for crossing the State Border of Turkmenistan, upon determination of the intentions of a person to receive refugee status or complementary protection, this person and his claim shall be immediately referred by
representatives of respective organizational units of the State Border Service for consideration to the nearest agency of the Migration Service. Officers of the State Border Service shall provide an applicant with information about the grounds and procedures of
granting refugee status or complementary protection.
2. As of the day of submission of a claim for refugee status or complementary protection the agencies of the Migration Service shall issue a temporary certificate of a standard form on
registration of a claim, and based on such certificate shall register an applicant according to the place of his temporary residence under the procedures established by legislation of Turkmenistan.
3. Lack of personal identification documents shall not constitute a ground for refusal to register a claim for refugee status or complementary protection and to issue a temporary
certificate concerning it.
4. The procedure of registration and issuance of a temporary certificate of registration of a claim for refugee status or complementary protection, as well as the forms of these
documents shall be approved by the State Migration Service.
5. Agencies of the Migration Service shall immediately take measures on referring unaccompanied minors willing to claim refugee status or complementary protection to the
child protection services according to the place of stay of these minors. Child protection services within three working days shall apply to the agencies of the Migration Service on
behalf of unaccompanied minors with a claim for refugee status or complementary protection and shall take other necessary measures on protection of the rights and legitimate interests
of these persons.
Unaccompanied minors shall acquire rights envisioned under Articles 8, 15, 16, 17 of the present Law.
1. A person shall be exempted from liability for entry in Turkmenistan with violation of the rules of crossing the State border and for unlawful stay in the territory of Turkmenistan, if upon arrival from the territory, where his life or freedom were jeopardized, this person
without delay applied to the relevant governmental agencies of Turkmenistan with a claim for refugee status or complementary protection.
2. A person, whose claim for refugee status or complementary protection is under consideration, as well as a person, who was granted refugee status, complementary or temporary protection in Turkmenistan, enjoys the rights and bears the duties provided for by
the present Law.
3. A person, whose claim for refugee status or complementary protection is under consideration, as well as a person, who was granted refugee status, complementary or temporary protection in Turkmenistan, may not be returned against his will to the country,
which he has left, except for the cases related to protection of the interests of state security or public order of Turkmenistan.
4. Decisions and actions of the governmental agencies, local administrations and officers, which violate the rights of persons applying for refugee status or complementary protection
established by legislation of Turkmenistan, of persons granted refugee status, complementary or temporary protection in Turkmenistan established by legislation of Turkmenistan, may be appealed to a higher-level authority or court.
5. Information about individuals applying for refugee status or complementary protection, about individuals, who were granted refugee status, complementary or temporary protection, is confidential and shall not be provided without written consent of these individuals to governmental agencies, other organizations and citizens of country of their nationality or former habitual residence, mass media.
1. The Cabinet of Ministers of Turkmenistan:
1) Ensures implementation of unified state policy concerning the matters of refugees;
2) Approves the Regulation on the Procedures of Granting Refugee Status, Complementary and Temporary Protection in Turkmenistan;
3) Approves the list of places for temporary residence of individuals granted refugee status and complementary protection;
4) Approves the form and description of a refugee identity document and a refugee travel document;
5) Considers presented documents on the grant or refusal to grant refugee status and complementary protection;
6) Adopts decisions on the matters of granting and extending the periods of temporary protection;
7) Performs other duties established under legislation of Turkmenistan.
2. The State Migration Service of Turkmenistan:
1) Cooperates with relevant governmental agencies concerning the matters of refugees;
2) Accepts and registers claims for refugee status or complementary protection;
3) Registers and maintains the records of individuals claiming refugee status or complementary protection, and individuals granted refugee status or complementary protection;
4) Refers individuals claiming refugee status or complementary protection, and individuals granted refugee status, complementary or temporary protection to the places of temporary residence and temporary accommodation facilities based on the referrals;
5) Registers and issues temporary certificate of registration of a claim for refugee status or complementary protection, temporary certificate of registration of a person granted temporary protection, certificate of the grant of complementary protection, refugee identity
document and refugee travel document;
6) In accordance with the established procedure adopts decisions on the extension of the period of consideration or on dismissal of a claim for refugee status or complementary protection, on the grant, loss and deprivation of refugee status or complementary protection;
7) Assists in reunification of families of individuals granted refugee status or complementary protection;
8) Takes appropriate measures on referring unaccompanied minors, who have intention to claim refugee status or complementary protection, to the child protection agencies according
to the place of residence;
9) Assists in voluntary repatriation of individuals, who are granted refugee status, complementary or temporary protection, to the countries of their nationality or former habitual residence, or in resettlement to safe third countries, which agree to receive these
individuals;
10) Performs other duties established under legislation of Turkmenistan.
3. The State Border Service of Turkmenistan:
1) Performs inspection and determines intentions of individuals in cases of their forced displacement in breach of the rules of crossing of the State Border of Turkmenistan;
2) Accepts a claim for refugee status or complementary protection from a person in case of forced displacement in breach of the rules of crossing of the State Border of Turkmenistan and refers the claim and person to the agencies of the Migration Service for registration and consideration in accordance with the established procedure;
3) Upon request from the State Migration Service of Turkmenistan conducts relevant verifications and presents information based on the results of such within the established periods;
4) Performs other duties established under legislation of Turkmenistan.
4. The agencies of Internal Affairs of Turkmenistan:
1) Check for existence of the grounds specified under Items 1-3 of Article 6 of the Present Law within the scope of their powers;
2) Conduct relevant verifications and present information based on the results of such within the established periods upon request from the State Migration Service of Turkmenistan;
3) Submit proposals to the State Migration Service of Turkmenistan concerning the loss, cancellation of refugee status or complementary protection;
4) Ensure public security in the places of residence of individuals claiming refugee status or complementary protection, individuals granted refugee status, complementary and temporary protection;
5) Performs other duties established under legislation of Turkmenistan.
5. The agencies of National Security of Turkmenistan:
1) Check for existence of the grounds specified under Items 1-3 of Article 6 of the Present Law within the scope of their powers;
2) Conduct relevant verifications and present information based on the results of such within the established periods upon request from the State Migration Service of Turkmenistan;
3) Submit proposals to the State Migration Service of Turkmenistan concerning the loss, cancellation of refugee status or complementary protection;
4) Perform other duties established under legislation of Turkmenistan.
6. The Ministry of Foreign Affairs of Turkmenistan, diplomatic missions and consular
departments of Turkmenistan in foreign states:
1) Upon request from the State Migration Service of Turkmenistan provides information on political, social and economic, sanitary and epidemiological situation in the country of nationality or former habitual residence of individuals claiming refugee status or
complementary protection, individuals granted refugee status, complementary or temporary protection in Turkmenistan;
2) Upon request from individuals claiming refugee status or complementary protection, from individuals granted refugee status, complementary or temporary protection in Turkmenistan,
assists in voluntary repatriation to the countries of nationality or former habitual residence of these individuals or their resettlement to safe third countries, which agree to receive these
individuals;
3) Assists in family reunification and gaining of information about parents (legal representatives) of unaccompanied minors through diplomatic missions or consular departments of Turkmenistan in foreign states;
4) Within the scope of its powers assists other authorized governmental agencies in execution of the present Law;
5) Performs other duties established under legislation of Turkmenistan.
7. Healthcare agencies of Turkmenistan:
1) Ensure undergoing of mandatory medical examination and provision of uncompensated emergency medical aid in the agencies of the Healthcare according to the place of residence
and in temporary accommodation facilities for individuals claiming refugee status or complementary protection, individuals granted temporary protection;
2) Provide medical aid and medicaments under the procedure established by legislation of Turkmenistan according to the place of temporary residence of and temporary accommodation facilities for individuals claiming refugee status or complementary
protection, individuals granted refugee status, complementary or temporary protection under the procedure established by legislation of Turkmenistan on equal basis with foreign citizens residing in Turkmenistan;
3) Provide medical services to minors according to the place of their temporary residence or temporary accommodation facilities on equal basis with nationals of Turkmenistan;
4) Perform other duties established under legislation of Turkmenistan.
8. Education agencies of Turkmenistan:
1) Ensure access of minors claiming refugee status, granted refugee status, complementary or temporary protection, according to the place of their temporary residence or temporary accommodation facilities, to education in the facilities of preschool and general secondary education on equal basis with nationals of Turkmenistan;
2) Take measures on protection of the rights and interests of unaccompanied minors claiming refugee status or complementary protection, unaccompanied minors granted refugee status or complementary or temporary protection;
3) Performs other duties established under legislation of Turkmenistan.
9. The Ministry of Labour and Social Protection of the Population:
1) Provides employment assistance and ensures equal to that of nationals of Turkmenistan rights in the sphere of employment of individuals claiming refugee status or complementary
protection, individuals granted refugee status, complementary and temporary protection;
2) Establishes conditions for vocational training, professional development and professional retraining for individuals claiming refugee status or complementary protection, individuals
granted refugee status, complementary and temporary protection;
3) Accommodates in the agencies of social welfare of the population elderly and disabled individuals claiming refugee status or complementary protection, elderly and disabled individuals granted refugee status, complementary or temporary protection;
4) Performs other duties established under legislation of Turkmenistan
10. Local agencies of state power, local administration agencies:
1) Provide to individuals granted refugee status or complementary protection the list of settlements defined by the Cabinet of Ministers of Turkmenistan and recommended for residence, provide information about the terms of residence and employment opportunities in these settlements;
2) Provide temporary living premises to individuals claiming refugee status or complementary protection, individuals granted refugee status, complementary and temporary protection, who have arrived to the places of accommodation based on referrals by the Migration Service agencies;
3) Assist individuals granted refugee status in joining housing cooperative, in individual housing projects, including purchase of a land plot and construction materials;
4) Establishes custody and guardianship over unaccompanied minors claiming refugee status or complementary protection, unaccompanied minors granted refugee status, complementary and temporary protection, provide them with various types of educational
work;
5) Ensure participation of legal representatives in establishment of identity of minors;
6) Assist individuals granted refugee status or complementary protection in integration into the society;
7) Ensure establishment of places for temporary residence and temporary accommodation facilities in accordance with the established procedure upon coordination with military and
legal enforcement agencies;
8) Make provisions for forming in border settlements of voluntary groups of translators /interpreters in reserve;
9) Perform other duties established under legislation of Turkmenistan.
1. In resolving the matters concerning refugees Turkmenistan performs international cooperation with foreign states, Office of the United Nations High Commissioner for Refugees and other international organizations.
2. International organizations on the matters of refugees take part in the procedure of granting and termination of refugee status in the capacity of observers with the right of complete access to personal files.
3. An observer on behalf of an international organization on the matters of refugees shall be entitled to take part in consideration of claims for refugee status and to express opinion on particular cases, and on the matters concerning observance of the rights of refugees.
1. Consideration of a claim for refugee status or complementary protection shall be carried out by the State Migration Service of Turkmenistan within three months as from the date of
submission of the claim. Whenever necessary the period of consideration of a claim for refugee status or complementary protection shall be extended up to one year. State Migration Service shall cooperate with relevant governmental agencies concerning the
matters of consideration of a claim for refugee status and complementary protection.
2. The procedure of consideration of a claim for refugee status or complementary protection, granting of refugee status or complementary protection, loss or cancellation of such, as well
as granting of temporary protection shall be defined by the Cabinet of Ministers of Turkmenistan.
3. The State Migration Service shall recognize a claim for refugee status or complementary protection as unfounded and shall adopt a decision on dismissal of consideration of such claim, if:
1) There is a criminal investigation initiated against this person on the grounds of commitment of a crime in the territory of Turkmenistan;
2) A person's claim for refugee status or complementary protection was previously rejected due to absence of the circumstances envisioned by legislation of Turkmenistan, provided that the situation in the country of his nationality or former habitual residence has not
changed within the period as from the date of rejection of the claim until the date of submission of the new claim;
3) A person has citizenship of a safe third country, whose protection he can enjoy, or the right to reside in a safe third country on lawful grounds, provided that he does not have well-founded fears of persecution in such safe third country in accordance with the circumstances specified in Article 10 of the present Law;
4) Before arrival to Turkmenistan a person was in the territory of a safe third country and could obtain asylum or could register refugee status under the established procedure, or has
been granted asylum;
5) A person has left the country of his nationality or former habitual residence due to the circumstances, which are not envisioned under Article 10 of the present Law, and is not willing to return to the country of his nationality or former habitual residence due to fear of
prosecution in accordance with legislation of this state for illegal exit outside the territory of or for a crime committed in the territory of this state;
6) A person poses threat to national security and public order of Turkmenistan or previously was expelled outside Turkmenistan based on such circumstances;
7) A person is married to a citizen of Turkmenistan and in according to legislation of Turkmenistan has opportunity to obtain a residence permit in the territory of Turkmenistan;
8) A person has residence permit in Turkmenistan;
9) A person has left Turkmenistan during the period of consideration of his claim;
10) A person filed a request for dismissal of consideration of his claim;
11) A person has died.
Consideration of a claim for refugee status or complementary protection shall be dismissed also, if:
1) A person refuses to fulfill requirements on presenting biometric data in accordance with legislation of Turkmenistan;
2) A person has not attended the agencies of the Migration Service for registration according to the place of temporary residence within the established period due to unfounded reasons;
3) A person refuses to undergo mandatory medical examination;
4) During the period of consideration of a claim for refugee status or complementary protection a person deliberately presents to the relevant authorized governmental agencies inconsistent, contradictory, inaccurate, false information or forged documents concerning his identity, country of nationality of former habitual residence, circumstances of entry in Turkmenistan, circumstances serving as grounds for his leave from the country of nationality
of former habitual residence, or a person does not respond to or evades questions;
5) It has been established that a person destructed personal identification documents, and
(or) used forged documents;
6) A person filed a claim for refugee status or complementary protection in order to escape administrative expulsion for an administrative offense committed in the territory of
Turkmenistan.
Decision on dismissal of consideration of a claim for refugee status or complementary protection shall not be adopted, if a person presents evidences of circumstances, which prevented his timely appearance or provision of biometric data to the migration agencies,
undergoing of mandatory medical examination under established procedure.
4. Upon the results of the consideration of a claim for refugee status or complementary protection, subject to approval by the Cabinet of Ministers of Turkmenistan, the State Migration Service shall adopt one of the following decisions:
1) On granting refugee status;
2) On refusal to grant refugee status;
3) On granting complementary protection;
4) On refusal to grant complementary protection.
5. A person may be rejected refugee status or complementary protection:
1) If the grounds for granting refugee status or complementary protection are missing;
2) If a claim for refugee status or complementary protection was recognized as unfounded, and in other cases specified in Part 3 of this Article;
3) In cases specified in Article 6 of the present Law.
6. The State Migration Service of Turkmenistan notifies an applicant in written about the results of the consideration of a claim for refugee status or complementary protection within ten working days.
7. A person, who was granted refugee status or complementary protection, shall be issued with a certificate of an established form within ten working days. Based on a request of a person, who was granted refugee status, he shall be issued with travel documents.
Registration of a refugee identity document and a refugee travel document, certificate of the grant of complementary protection shall be carried out by the State Migration Service of Turkmenistan within the established period, on uncompensated basis. The procedure of
registration and issuance, replacement and extension of the periods, withdrawal of a refugee identity document and a refugee travel document, certificate of the grant of complementary protection, as well as the form of certificate of the grant of complementary protection shall be defined by the State Migration Service of Turkmenistan.
8. Registration and extension of the period of registration according to the place of residence of a person, who was granted refugee status or complementary protection, shall be carried
out in the agencies of the Migration Service based on a refugee identity document or a certificate of the grant of complementary protection.
9. The procedure of registration, extension of the periods of registration and maintenance of the records of persons claiming refugee status or complementary protection, persons
granted refugee status, complementary or temporary protection, shall be defined by the State Migration Service of Turkmenistan.
10. Upon rejection of a refugee status or complementary protection, an applicant shall be explained the reasons of the rejection, as well as the procedures and the period for appeal of the decision on rejection of refugee status or complementary protection
Refugee status shall be granted to a person, who owing to well-founded fear of being persecuted in the country of his nationality for reasons of race, sex, religion, nationality, membership of a particular social group or political opinion is present in Turkmenistan, who
is unable or, owing to such fear, is unwilling to avail himself of the protection of his country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to
it.
Refugee status shall be granted to a person for a period of preservation of the grounds, based on which refugee status was granted to him, in the country of his nationality or former habitual residence.
Provisions of the present Law shall not apply to a person, in respect of whom there are serious reasons for considering that:
1) He has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provisions in respect of such crimes;
2) He has committed a serious non-political crime outside Turkmenistan prior to his admission to Turkmenistan;
3) He has been guilty of acts contrary to the purposes and principles of the United Nations;
4) His rights and duties linked to citizenship of a particular state are recognized and guaranteed by the authorized agencies of this state;
5) He enjoys protection of and (or) assistance from other agencies and offices of the United Nations, except for the Office of the United Nations High Commissioner for Refugees.