Last Change:

06/13/2025

Regulation on Refugee Procedures in the Kyrgyz Republic

Original names of the law: Кыргыз Республикасында Качкындар менен иштөө жөнүндө Жобо

Year: 2003

Type: Domestic law

Rights Category: Asylum, Freedom of movement, Liberty & security of person, Social protection, Family life, Documentation

Description

The Regulation on Refugee Procedures in the Kyrgyz Republic sets out the procedures for applying for and determining refugee status. It ensures compliance with the principle of non-refoulement and provides for legal stay, issuance of identity documents, and access to basic rights during the asylum process. The Regulation also guarantees protections for vulnerable groups and family unity, and outlines the rights of recognized refugees to social services, education, healthcare, and employment, in accordance with national and international standards.

Selected provisions
Chapter 1 - The procedure for filing, registering and refusing to register an application for recognition as a refugee in the Kyrgyz Republic

If a person expresses a desire to submit an application at a checkpoint across the State Border of the Kyrgyz Republic, the authorized employee of the immigration control body:
- explains to the person and his family members the procedure for submitting an application, observing the conditions of confidentiality;
- issues an application form to be filled in according to the form in accordance with Appendix 1 to this Regulation;
- provides the address and contact details of the authorized body to which the application must be submitted, or, at the request of the person, accepts the application for further forwarding to the authorized body within the timeframes established by Article 4 of the Law of the Kyrgyz Republic "On Refugees";
- carries out passage across the State Border of the Kyrgyz Republic if the person has valid documents granting the right to cross the State Border of the Kyrgyz Republic.
If a person does not have the appropriate entry permit or identity document, or if forged documents are used, immigration control authorities place him/her in a temporary detention facility, at a checkpoint across the State Border of the Kyrgyz Republic, for the purposes of:
- establishing and identifying the person;
- conducting investigations in cases of destruction of identity documents or use of forged documents;
- ensuring national security and public order.
At the same time, immigration control authorities inform the authorized body or its territorial structures about the placement of the person who submitted the application in a temporary detention facility, having recorded in writing the time, date and details of the recipient of the information.
The authorized body immediately registers and confirms the information received by fax or other means, and sends an employee to the checkpoint across the State Border of the Kyrgyz Republic to register the application and issue a certificate of registration of the application (hereinafter referred to as the certificate).
A certificate issued by an authorized body at a checkpoint across the State Border of the Kyrgyz Republic to persons applying for refugee status without documents entitling them to cross the State Border of the Kyrgyz Republic is the basis for the person’s entry into the territory of the Kyrgyz Republic for further refugee status determination procedures.
Immigration control authorities grant employees of the authorized body the right to access procedures assigned to them in accordance with the legislation in the field of refugees of the Kyrgyz Republic, and, at the request of the person, provide the opportunity to contact the UNHCR office, its representative and an interpreter.
The period of stay in the temporary detention facility must not exceed 48 hours.
Applications submitted at a checkpoint across the State Border of the Kyrgyz Republic by a person who was previously denied refugee status or by a person who has lost refugee status are considered until the end of the period of stay in the temporary detention facility.

I - General Provisions

The state bodies of the Kyrgyz Republic cooperate with the Office of the United Nations High Commissioner for Refugees (hereinafter referred to as UNHCR) and other refugee organizations acting on behalf of UNHCR and assist them in fulfilling their responsibilities for the observance and application of international instruments concerning refugees.

II - Procedure for filing, registering and refusing to register an application for recognition as a refugee in the Kyrgyz Republic, V. Interview with the person applying for refugee status

15. The authorized body or its territorial structures, after registering the application and issuing the certificate, are obliged to familiarize the applicant with the general procedure for considering his application, with his rights and obligations. 37. The interview with the applicant is conducted in order to determine the validity of the application for recognition as a refugee, to obtain information. 38. The interview is conducted in an isolated room without access to outsiders. If the applicant does not speak the state or official language, and the employee conducting the interview does not speak a language understandable to the applicant, the issue of inviting an interpreter is decided.

II - Procedure for filing, registering and refusing to register an applicant for refugee status in the Kyrgyz Republic

18. A spouse, minor children who are not married and who are family members of a person whose application has been registered or who has already been recognized as a refugee, who arrived separately in the Kyrgyz Republic, must provide documentary evidence or other evidence confirming the existence of family relations when filing an application for family reunification. The application shall indicate "family reunification" as the reason for which they left their country.

III - Consideration of an application for refugee status

22. Applications from unaccompanied minors shall be considered taking into account their interests.
The authorized body and its territorial structures, together with UNHCR, shall assist in protecting unaccompanied minors and assist them in establishing the whereabouts of their parents or other family members for the purpose of reuniting with their family.
23. If grounds for recognizing a person under the age of eighteen who arrived in the territory of the Kyrgyz Republic unaccompanied by legal representatives (parents, adoptive parents, guardians, trustees) and persons who voluntarily assumed responsibility for their behavior, maintenance and upbringing are established for recognizing him as a refugee, measures shall be taken to transfer the applicant to the guardianship and trusteeship authorities. Guardianship and trusteeship authorities ensure the stay of a minor in the Kyrgyz Republic in accordance with the procedure established by the legislation of the Kyrgyz Republic for children left without parental care, and also directly participate in the consideration of the application and facilitate the adoption of a decision in the interests of the applicant.

Chapter 5 - Loss of refugee status

The authorized body or its territorial structures, upon the submission of the national security and internal affairs bodies, in cases where they identify circumstances stipulated by the legislation of the Kyrgyz Republic and which are grounds for a person to lose refugee status in the Kyrgyz Republic, have the right to make a decision on the loss of refugee status in the Kyrgyz Republic.

If necessary, additional documents or information confirming the validity of this submission may be requested from the body that submitted the submission.