Tajikistan

Who is an asylum-seeker in the Republic of Tajikistan?

An asylum seeker is A foreign citizen or a stateless person who has left the country of his/her citizenship or the country of his/her former habitual residence with an intention to apply for refugee status in the Republic of Tajikistan. It means that an asylum-seeker in Tajikistan is a person who seeks state protection from the Tajik authorities.

Who is a refugee?

A Refugee is a person who is not a citizen of the Republic of Tajikistan and who resides in its territory owing to well-founded fear of being persecuted in the country of his/her citizenship for reasons of race, religion, citizenship, ethnicity, membership of a particular social group or political opinion, and who is unable or, owing to such fear, is unwilling to avail himself/herself of the protection of that country, or who, not having a certain citizenship and being in the Republic of Tajikistan as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

It means that you should be granted state protection and be permitted to stay in Tajikistan if you have a well-founded fear persecution in your country. You may be persecuted on the basis of your race, your religion, your nationality, your political opinion or membership in a particular social group. You may also fear torture or a risk to life.

Can I apply for refugee status to UNHCR?

Tajikistan is signatory to the 1951 Convention on Refugees and its 1967 Protocol, as such you should apply to the Government of Tajikistan for refugee status. UNHCR may guide you on the asylum procedures that exist in the country and provide legal assistance where needed. UNHCR does not provide for convention refugee status. More detailed information on this issue can be obtained from UNHCR Legal Partner, Rights and Prosperity.

Where can I apply for refugee status?

If you entered Tajikistan legally, you must apply to the Migration Service under Ministry of Internal Affairs, no later than one month upon your entry date in the country.

At the same time, you should also remember that as a foreign national you must register with Migration Service under the Ministry of Internal Affairs (former OVIR - Office for Visas and Registration) within three working days upon arrival (except Saturday and Sunday). This means, that ones you arrive to Tajikistan, you must obtain registration with OVIR within 3 working days. Your application for refugee status maybe submitted within one month. It is important to remember about the mandatory registration within 3 working days, otherwise you will be fined and deported in accordance with Code on Administrative Punishment.

Please note that registration costs 35 Somoni without service fee - 90 Somoni.

If you have illegally crossed the state border, you should apply to the State border protection organs within 24 hours, who are then supposed to submit your application to the migration service within 3 days.

If you are unable to claim refugee status in person due to your health condition, your authorized representative can do it for you by producing a medical document certifying your health condition.

How can I apply for refugee status?

You have to apply for refugee status in person. You must submit:
• a written application to Migration Service (no form needed) and 2 photos (3x4) for each family member above 16 years of age.
• your passport, as well as a copy of your passport and any other identity documents,
• certificate from the place of your residence in Tajikistan ,
• health certificate, including a HIV test, can be obtained at the policlinic located in Dushanbe at 12 A. Donish Street.

In the absence of any of the above documents, please consult Rights and Prosperity for assistance.

If you are less than 16 years of age:

In case of arrival in the territory of the Republic of Tajikistan of persons below 16 years of age, unaccompanied by legal representatives, and who wish to be recognized as refugees, Migration Service shall interview such persons and fill out a questionnaire. Actions shall be taken to hand the mentioned persons over to patronage and custody organs of the Republic of Tajikistan pending the decision determining their legal status, in accordance with this Law on Refugees and other enactments of the Republic of Tajikistan.

You should know that according to the Tajik legislation (Resolutions # 325 of 2000) refugees and asylum seekers who arrived after 2000 are not allowed to settle in Gorno-Badakhshan Province and in following cities: Dushanbe, Khujand, Kurgan-Tyube, Tursunzade, Ragun, Sarband, Kulob, Nurek, Chkalovsk, Kairakum, Taboshar, Konibodom, Isfara. You are not allowed to settle in districts of Varzob, Jirgital, Pianj, Kumsangir, Farkhar, Hamadoni, Shurabad, Shaartuz, Kabodion and Jilikul.

Therefore, the following locations are allowed for residence by asylum-seekers and refugees: Hissor, Rudaki, Vahdat, Faizabad, Darband, Tajikabad, Tavildara, Gharm, Yavan districts.

Upon submitting your application, you will be issued a registration notification by Migration Service - certificate of asylum-seeker.

Please note that there is no fee for applying to be registered as asylum seeker.

What is the procedure on registration of my application and decision on refugee status?

The Refugee Status Determination Commission must decide within 10 working days from the date of your submission of your application whether to register your application or to reject it. Once the authorities decide to register your application, you will be issued a temporary asylum-seeker certificate valid for three months. The document certifies that you are staying in the country legally while your case is pending.

Once your application has been registered, it will be examined by the Refugee Status Determination Commission within maximum 6 months after the date of the registration of your asylum application. The refugee status determination procedure may be suspended at any moment if, during consideration of your case, it became obvious that you have provided deliberately false information or that you have committed an act which constitutes a danger to the national security or public order of the Republic of Tajikistan.

What is a refugee status determination interview?

After receiving your application, the staff of the Migration Service will appoint a date for an interview. The interview will be conducted in order to find out from you what are the reasons for leaving your country. You may be summoned to attend several interviews with the Migration Service staff during the review of your asylum claim.

During the interview you must tell the truth on all aspects of your claim.
• This means giving true information about yourself and your family and providing precise detailed information about the reasons why you cannot go back to your country of citizenship and/or your country of habitual residence.
• You should know that information you provide during the interview is not subject to disclosure and shall not be communicated to the authorities of your country or others without your consent.
• Information you provided during the interview shall be recorded by the Migration Service officials in a questionnaire. After the interview is completed, you need be acquainted with its content, and you will be asked to sign it, confirming that all the information in the questionnaire corresponds to your statements.
• In case you disagree with the content in the questionnaire, before signing it, you should explain to the Migration Service staff carrying out the interview, where, in your opinion, discrepancy or inaccuracy has been made on the information provided by you and where it has not been indicated.
• Providing false information and/or false documents may affect negatively the decision in your asylum claim. If you refuse to provide information about yourself or provide deliberately false information about yourself and about the circumstances of your arrival in the Republic of Tajikistan, this may be ground for rejection of registration of your asylum claim.
• The interview should be conducted with all male and female members of your family who are 18 years old or above
Interpretation

If you do not speak Tajik/Dari or Russian language, the authorities shall provide free interpretation services. If you are not comfortable with the interpreter provided by the authorities, you are entitled to invite an interpreter of your choice.

Who will not be granted refugee status?

According to the Law on Refugees you cannot expect to be granted refugee status in Tajikistan:
• If your claims is based on grounds such as: famine, epidemics and/or due to emergency disasters taking place in your country or for reasons of personal social and economical difficulties;
• If protection is available because you have a citizenship or permanent residence in a safe country, obtained refugee status in a safe country, or protected under a UN agency, or married to a Tajik citizen;
• If exclusion clauses apply as stipulated in the current law;
• If you provide false information about yourself or any aspect of your claim;
• If you came to Tajikistan out of fear of punishment for breaking the law and/or evading justice;
• If you were previously rejected due to the absence of well-founded fear and that there is no change in the situation in the country of origin since the day of the refusal until the day of the new application.
• If you crossed the border of the Republic of Tajikistan illegally with the intention to apply for refugee status, but you did not submit your application within the prescribed 24 hours in the manner set by this law (article 6).
• If you have transited through one of the countries listed in Resolution 323.

What do I do if I was rejected registration of refugee status?

According to the present Tajik legislation on refugees you have a right to appeal the negative decision to higher administrative mechanism or the court within one month from the day of the notification. For this issue you may wish to contact UNHCR Legal Partner Rights and Prosperity.

How to appeal in case of rejection?

If the authorities decided to reject your application for refugee status, you may appeal this negative decision to the appropriate court within one month from the day of the rejection notification.

You should know that the authorities are obliged to communicate this decision to you in writing in the form of a rejection letter. You need this letter in order to appeal the negative decision.

If you do not appeal, you will be required to leave the territory of Tajikistan within one month from the day of receipt of the rejection notification in the absence of other legal grounds to stay.

If you appeal the negative decision in your asylum claim, you have a right to stay in Tajikistan until the final decision of the Supreme Court of Tajikistan is pronounced. In that case or if such is the case, the authorities are obliged to issue you a document valid for the duration of the appeal.

Re-application for refugee status is possible if the situation in the country of origin has changed since the day of the previous refusal and/or, due to additional or new information.

Where to appeal?

Appeal of a negative decision, wherever you are staying, can be filed at the following: First instance
- Sino District Court in Dushanbe. Second instance
- Dushanbe City Court. Third instance
- Supreme Court of Tajikistan.

May I receive assistance to appeal rejection decision?

UNHCR provides assistance to appeal rejection decision through its legal NGO partner Rights and Prosperity. You should approach Rights and Prosperity with the request. Please note, that you will be interviewed by Rights and Prosperity lawyers and information will be submitted to UNHCR for review. UNHCR may conduct additional interview or request Rights and Prosperity to ask you additional questions.

UNHCR will make decision whether to provide you with a free lawyer. Should UNHCR decline your application, you are still have the right to submit your application to the court for appeal. You may receive counseling from Rights and Prosperity lawyers on this issue.

Guarantees of the Rights of Asylum-Seekers and Refugees

Asylum-seekers applying for refugee status, recognized refugees forfeited or deprived of refugee status cannot be returned or refouled against their will to the territory of a state where their life and freedom would be threatened on account of his race, religion, citizenship, membership of a particular social group or political opinion.

What are my rights and obligations as an asylum-seeker in Tajikistan?

Asylum seekers in Tajikistan are under the protection of the State in accordance with the text of the asylum-seeker certificate and have the following rights:
-To be protected from forceful deportation
-To reside in Tajikistan for the period of the process of your application in compliance with the laws and specifically in accordance with the list of settlements established by the Government of Tajikistan
-To obtain emergency medical help in a state health institutions.
-To have access to primary and secondary education.

What are my obligations as an asylum-seeker in Tajikistan?

As an asylum seeker in Tajikistan you have the following obligations:
-To comply with the legislation of Tajikistan in all its aspects.
-Take residence in a place within 72 hours from the time of referral by the Migration Service in compliance with resolutions 325 of the Republic of Tajikistan.
-Register with the local organs at the chosen place
-Undergo medical examinations in accordance with the requirements set by the law.
-Communicate to the Migration Service the information necessary for considering your application.
-Notify immediately the Migration Service about changes of personal details and place of residence.

Foreign citizens who were granted registration of their application and those who obtained their refugee status should be registered with internal affairs organs in accordance with application of the Migration Service for the period of validity of their respective certificate.

What are my rights as a refugee?

You and your accompanying family members are entitled to:
- reside in the Republic of Tajikistan for the period of your recognition as refugees;
- choose a settlement for independent settling, provided by internal affairs agencies;
- settle on your own in the family of a Tajik citizen or of a foreign citizen or stateless person permanently residing in Tajikistan;
- medical aid, job placement, journey-work or business undertakings in accordance with the enactments of the Republic of Tajikistan;
- receiving primary and secondary education;
- assistance from internal affairs agencies in obtaining information about relatives residing in the country of your citizenship;
- request assistance from internal affairs agencies in arranging Tajikistan exit/entry travel documents for you and your family;
- receive at the local internal affairs agency a proper residence permit and other relevant documents;
- apply for permanent residence permit in the Republic of Tajikistan on the grounds not linking to refugee status or apply for the citizenship of the Republic of Tajikistan in accordance with the legislation of the Republic of Tajikistan;
- voluntarily return to the country of your citizenship (former habitual residence);
- depart to take a residence in another country;
- enjoy other rights stipulated in the legislation of the Republic of Tajikistan for foreign citizens and stateless persons.

What are my obligations as a refugee?

You and your accompanying family members are obliged to:

- observe the Constitution of the Republic of Tajikistan and other enactments of the Republic of Tajikistan;
- get registered with the local internal affairs agency not later than three working days after receiving the refugee certificate, when settling independently;
- depart, no later than three working days after receiving from internal affairs agency a referral letter to temporary settlement, for the indicated settlement, and upon arrival, within three working days, get registered with the local internal affairs agency;
- produce, no later than one working week, to internal affairs agencies and, if necessary, to the respective interior organ information about changes of name, surname, family composition, marital status, about acquiring the citizenship of the Republic of Tajikistan;
- inform internal affairs agencies about the intention to change the place of residence within the Republic of Tajikistan;
- get struck off the register at internal affairs agencies upon change of place of residence and register at the local internal affairs agency within three working days after arrival in the new place;
- undergo yearly re-registration within the time-frame set by internal affairs agencies;
- fulfill other obligations stipulated in the legislation of the Republic of.

CONFIDENTIALITY:

Tajik refugee law guarantees confidentiality of any information provided during the asylum process.

Information about persons applying for refugee status as well as those granted refugee status may not be provided to the authorities and public organizations of the country of their citizenship (of their previous residence) without their consent in writing.

Similarly, any information provided to UNHCR and it partners is confidential and will not be shared by UNHCR with any State, military or civil entity, non-governmental organization, or person without the express permission of the applicant, regardless of what the relationship might be to the applicant. All the facts and details of your claim you provide will be used by UNHCR in order to assist you in the best way possible and for no other purposes.

How can I contact UNHCR and its legal NGO partners?

UNHCR: 39 Aini Street, Dushanbe (UNDP premises)

Working hours: 08:30 a.m. to 17:00 p.m.

Tel: (44) 600-55-96, 600-55-97, 600-56-00, 600-56-01

In case of emergency: (44) 600-56-00, 600-56-01

Rights and Prosperity: 6 H.Sherozi, Dushanbe. Tel.: 224-80-45

RCVC: 107 Lohuti Street, Dushanbe, phone: 227-36-67, 227-69-81

CI Khujand: 50 let USSR Street 30, phone: 2-60-42, 919071701

How can I contact the government authorities of Tajikistan?

The State border organs: 31 Shotemur Street, Dushanbe
Migration Service: 2 Abai Street, Dushanbe
Migration Service: 121 Firdausi Street, Khujand, tel.: 6-67-34, 927730906

UNHCR Representation in Tajikistan
JUNE 2011