On approval of the Rules for the grant, renewal, revoke and termination of refugee status

On approval of the Rules for the grant, renewal, revoke and termination of refugee status

Unofficial translation

Government of the Republic of Kazakhstan dated March 9, 2010 № 183.

       Unofficial translation

       In accordance with the Law of the Republic of Kazakhstan dated December 4, 2009 “On Refugees” the Government of the Republic of Kazakhstan hereby RESOLVED as follows

1. To approve the attached Rules for the grant, renewal, revoke and termination of refugee status.
2. This resolution shall be enforced upon expiry of ten calendar days after its first official publication.

 Rules
for grant, renewal, revoke and termination of refugee status

1. General provisions
2. These Rules for the grant, renewal, revoke and termination of refugee status (hereinafter referred to as the Rules) shall be developed in accordance with the Law of the Republic of Kazakhstan dated December 4, 2009 "On Refugees" (hereinafter referred to as the Law "On Refugees") and shall define the procedure for the grant, renewal, revoke and termination of refugee status.
3. The following terms shall be used in these Rules:

      An asylum-seeker - an alien or stateless person desiring to apply for asylum in the Republic of Kazakhstan before a final decision is taken by an authorized subdivision on their application for refugee status;

      asylum-seeker’s certificate of - a document issued by an authorized subdivision confirming the registration of an application for refugee status;

      refugee’s certificate - a document issued by an authorized body, identifying and confirming refugee status;

      travel document - a document issued to a person who has been granted refugee status for movement outside the territory of the Republic of Kazakhstan;

      the authorized subdivision- the state body of the Republic of Kazakhstan, providing guidance in the sphere of regulating relations on refugee issues.

2. Procedure for the grant and renewal of refugee status
3. The decision on the assignment of refugee status shall be taken by the territorial subdivision of the authorized body on the recommendation of the commission for the implementation of the procedure for the assignment, extension, deprivation and termination of refugee status within three months from the date of registration of the application for the assignment of refugee status, provided that the person shall pass fingerprint registration in accordance with the legislation of the Republic of Kazakhstan.

      In cases where further verification is required, the final decision shall be postponed for a period not exceeding one year, which shall be notified to the asylum seeker within two working days from the date of the decision.

      Footnote. Paragraph 3 as amended by the resolution of the Government of the Republic of Kazakhstan dated 12.01.2018 № 8 (shall enter into force since 01.01.2021).

4. The decision on refugee recognition shall be handed over within five working days or sent to the person within two working days by the territorial unit of the authorized subdivision from the date of the decision.
5. The decision on recognition as a refugee of a person outside the territory of the Republic of Kazakhstan, shall be sent by the territorial unit of the authorized subdivision within two working days to the authorized body, and further, through the Ministry of Internal Affairs of the Republic of Kazakhstan, within two working days, the decision shall be sent to the diplomatic mission or consular office of the Republic of Kazakhstan at the place of submission of the application for the purpose of processing documents for entry into the territory of the Republic of Kazakhstan of these persons.
6. A refugee’s certificate shall be issued to a person who has been granted refugee status by the territorial unit of the authorized subdivision within five working days from the date of the decision.

      Information on the family members of a person recognized as a refugee who has not reached the age of eighteen shall be entered in the refugee’s certificate of one of the parents and, in the absence of parents, in the refugee’s certificate of a legal representative or in the refugee’s certificate of one of the family members who has reached the age of eighteen and voluntarily assumed responsibility for the behavior, upbringing and maintenance of family members who have not reached the age of eighteen. Subsequently, the designated persons, the territorial unit of the authorized body, shall be issued a refugee’s certificate upon reaching the age of eighteen on the basis of their written application submitted in an optional form.

      A person recognized as a refugee who has not reached the age of eighteen and who has arrived in the Republic of Kazakhstan without parents or legal representatives shall also be given a refugee’s certificate.

      The refugee’s certificate shall be valid throughout the territory of the Republic of Kazakhstan.

7. If a person within three months after sending him a copy of the decision to recognize him as a refugee has not entered the territorial unit of the authorized subdivision for the receipt of a refugee’s certificate and has received notification that: the person does not reside at the address specified by him or information has been received from the internal affairs agencies on the departure of the person from the territory of the Republic of Kazakhstan or other reliable information, confirming the stay of a person outside the territory of the Republic of Kazakhstan, the territorial unit of the authorized subdivision shall cancel its decision to give refugee status.
8. Upon receipt of a refugee's certificate by a person recognized as a refugee, the territorial unit of the authorized subdivision shall seize the asylum-seeker's certificate previously issued to the refugee and shall attach it to the refugee's personal case.

      The national (civil) passport and (or) other identity documents of the person recognized as a refugee shall remain in storage in the territorial unit of the authorized subdivision for the period of recognition of the person as a refugee.

9. The refugee’s certificate shall be registered with the migration police of the internal affairs agencies for the period of recognition of the person as a refugee, on the basis of an authorized referral body issued by the territorial unit.

      When a refugee changes his place of residence in the territory of the Republic of Kazakhstan, the files of his personal case shall be sent to the territorial unit of the authorized subdivision at the new place of registration of the refugee.

10. If a person seeking asylum, being outside the territory of the Republic of Kazakhstan, has been refused to grant refugee status, the territorial unit of the authorized subdivision within five working days from the date of adoption of the decision on refusal shall send this decision to the authorized body, and further, through the Ministry of Internal Affairs of the Republic of Kazakhstan, within two working days, the decision shall be sent to the diplomatic mission or consular office of the Republic of Kazakhstan at the place of submission of the application. The diplomatic mission or consular office of the Republic of Kazakhstan shall, within five working days from the date of receipt of the refusal decision, hand over or send to the person a copy of the decision indicating the reasons for the refusal and the procedure for appeal against the decision.

      If a person seeking asylum, being in the territory of the Republic of Kazakhstan, has been refused to grant refugee status, the territorial unit of the authorized subdivision within five working days from the date of the decision on refusal shall hand over or send to the person at his place of residence a copy of the decision indicating the reasons for refusal and the procedure for appeal against the decision taken, and inform the migration police unit of the internal affairs agencies, with a copy of the decision taken.

11. When appealing against a decision refusing to grant refugee status to a court and/or to an authorized body, the territorial unit of the authorized subdivision renews the validity of the asylum-seeker's certificate for the period of consideration of the complaint. If the asylum seeker receives a court resolution dismissing the appeal, the asylum seeker's certificate should be submitted to the territorial unit of the authorized body.
12. Refugee status shall be granted for a period of one year. If the country of origin of the refugee maintains the previous circumstances provided for in subparagraph 1 of Article 1 of the Law “On Refugees” the period of refugee status shall be renewed by the territorial unit of the authorized subdivision for one year and for each subsequent year on the basis of a refugee’s application submitted by the refugee one month before the end of the named period.

      When the period is renewed, the territorial unit of the authorized subdivision verifies whether the refugee has a refugee's certificate, residence permit (if any), travel document, specifies information on changes in family status, family composition, and residence and makes these changes to the refugee's personal file.

13. In case of refusal to renew refugee status, the territorial unit of the authorized subdivision shall within three working days inform the migration police unit of the internal affairs agencies with a copy of the decision taken, and shall hand over or send to the person who has been refused to renew refugee status, a notification of the decision taken and the recognition of the refugee certificate as invalid.
14. Revoke and termination of refugee status
15. A person shall be revoked of refugee status on the basis of the relevant decision of the territorial unit of the authorized subdivision if he or she:

      1) reported false information or presented false documents that gave rise to the granting of refugee status;

      2) was convicted of a crime against peace, a war crime or a crime against humanity in the definition given to these acts in international acts concluded for the purpose of taking action against such crimes;

      3) was convicted of a serious non-political crime committed outside the Republic of Kazakhstan before arriving in its territory;

      4) was convicted of committing acts contrary to the purposes and principles of the United Nations and international organizations of which Kazakhstan is a member;

      5) was convicted for participation in activities of terrorist, extremist, as well as prohibited religious organizations.

15. The territorial unit of the authorized subdivision shall, within five working days from the date of the decision to revoke refugee status, hand over or send to the person a copy of the decision indicating the reasons for the decision and explaining the procedure for appealing the decision, and inform the migration police unit of the internal affairs agencies with a copy of the decision.
16. Refugee status shall be terminated upon expiry of its term in the absence of renewal and on the basis that the person:

      1) acquired citizenship of the Republic of Kazakhstan or another state and enjoys the protection of the state of which he became a citizen;

      2) can no longer refuse to use the protection of the country of citizenship, as the circumstances on the basis of which he was recognized as a refugee have changed;

      3) having lost the citizenship of its former state, voluntarily re-accepted it;

      4) voluntarily again took advantage of the protection of the country of which he was a citizen;

      5) expressed a desire to return to the country of origin, as the grounds for granting him refugee status ceased to exist;

      6) voluntarily returned to a country that he had left because of the risk of persecution;

      7) left the Republic of Kazakhstan for a permanent place of residence.

17. Upon termination of a person's refugee status, the territorial unit of the authorized subdivision shall mark the refugee's personal file, indicating the reasons for the termination of refugee status and the time of termination, and shall notify the migration police unit of the internal affairs agencies and the person whose status is terminated if he is staying in the territory of the Republic of Kazakhstan.

      The moment at which the termination of refugee status shall be the circumstances set out in paragraph 16 of these Rules, namely:

      1) under subparagraphs 1), 3) - date of acquisition of the corresponding citizenship;

      2) according to subparagraph 2) - the date of notification by the territorial unit of the authorized subdivision of the refugee of the change of circumstances in the country of his citizenship, on the basis of which he was recognized as a refugee;

      3) under subparagraphs 4), 6) - date of voluntary return to the country of which he was a citizen;

      4) under subparagraph 5) - the date of notification by the refugee of the territorial unit of the authorized subdivision of the desire to return to the country of origin;

      5) under subparagraph 7) - date of departure from the Republic of Kazakhstan for permanent residence;

      6) in case of non-appearance for renewal - the tenth day upon the expiry of the period of refugee status, except for good reason when providing supporting documents.

4. Final provision
5. In case of loss of the refugee's certificate, the holder of the certificate applies to the territorial unit of the authorized subdivision for its loss and the provision of a duplicate. The territorial unit of the authorized subdivision shall issue to the refugee a duplicate of the refugee's certificate, which is marked "Duplicate", no later than ten working days from the date of submission of the application.
6. The decision of the authorized subdivision to refuse to grant, renew or revoke refugee status may be appealed to a higher authorized subdivision and/or to a court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
7. The time of stay in the territory of the Republic of Kazakhstan of asylum-seekers and members of their families who shall be denied refugee status, as well as persons who have lost refugee status or have been revoked refugee status, shall be regulated by the legislation of the Republic of Kazakhstan applicable to aliens and stateless persons.
8. Information on the grant, renewal, revoke and termination of refugee status or on refusal to grant refugee status shall be entered into the register by the territorial unit of the authorized subdivision in accordance with the form set out in the Annex to these Rules.

 Register
of refugees as well as persons denied granting refugee status

      Note: The register is numbered, bound and signed by the responsible employee and sealed by the territorial unit of the authorized body.

© 2012. «Institute of legislation and legal information of the Republic of Kazakhstan» of the Ministry of Justice of the Republic of Kazakhstan