A temporary asylum is a possibility for a foreign national or a stateless person to stay on the territory of the Russian Federation temporarily.
According to Article 12 of Federal Law № 4528-1 of February 19, 1993 “On Refugees” (as amended on December 28, 2010), a decision on granting temporary asylum is rendered by a territorial federal organ of executive power, that is authorized to fulfill functions on control and supervision in the field of migration, at the place of lodging an application by a foreign national or a stateless person with a request to afford an opportunity to stay on the RF territory temporarily.
A person who was granted temporary asylum can not be returned to the territory of a state whose nationality he (she) has, against his (her) will.
Terms of granting temporary asylum
Temporary asylum can be granted to a foreign national or a stateless person if he (she):
1) has grounds to be recognized as a refugee, but confines himself (herself) to a written application with a request to be given an opportunity to stay on the RF territory temporarily;
2) has no grounds to be recognized as a refugee according to circumstances specified in the Federal Law “On Refugees”, but can not be expelled (deported) from Russia from humane grounds.
Humane grounds can be:
— a grave state of health of a person subject to deportation, if he (she) can not receive necessary medical aid in the state of his (her) nationality (origin), where this person must be deported, as a result of which his (her) life will be in danger;
— a real threat to the life or the freedom of the person owing to famine, epidemic, emergency situations of natural and technological character or owing to an internal or an international conflict involving all the territory of the state of his (her) nationality (origin), where this person must be deported;
— a real threat for a person to become a victim of tortures and other cruel, inhuman or degrading kinds of treatment and punishment in case of his (her) return to the territory of the state of his (her) nationality (origin).
This list of humane reasons giving grounds for granting temporary asylum is approximate and not restricted by law-makers.
The procedure for granting temporary asylum
The granting of temporary asylum is conducted in accordance with the procedure specified in RF Government Decree #274 of April 9, 2001 (in wording of March 28, 2008) “On Granting Temporary Asylum on the Territory of the Russian Federation”.
The form of an application for temporary asylum is determined by the Federal Migration Service. Family members arrived with the person must be indicated in the application.
A certificate on the consideration of the application is issued for a period of considering the application. This certificate is a confirmation of a lawful stay of the person and members of his (her) family on the RF territory for the period of considering his (her) application for temporary asylum.
The term of the consideration of the application is 3 months. In case of rendering a decision on refusal to grant temporary asylum, the territorial organ of the migration service hands in or sends a notification to the person, which contains reasons of the refusal and the procedure of appealing against the rendered decision. That notification must be handed in or sent within 3 working days beginning from the day of passing the decision.
The person who lodged the application and the members of his (her) family are subject to an obligatory state dactyloscopic registration at the place of the lodging the application. They must go through an obligatory medical examination and get medical findings too.
The duty on sending persons applying for temporary asylum, and members of their families for the medical examination is placed on bodies of the migration service.
In accordance with Paragraph 7 of the “Procedure for Granting Temporary Asylum on the Territory of the Russian Federation” approved by the RF Government Decree #274 of April 9, 2001, the decision on granting temporary asylum is rendered by the availability of reasons for the recognition of a person as a refugee according to results of the verification of information about that person and members of his (her) family arrived with the person including the verification of circumstances of his (her) arriving to the RF territory or the existence of humane grounds demanding a temporary stay of that person on the RF territory (for instance, the state of health) till the removal of such grounds or the change of the person’s legal status.
According to explanatory answer of the RF Federal Migration Service № МС-2/6-11358 of August 3, 2009, the state of health of the applicant or an underage member of his (her) family can be a reason for granting him (her) a temporary asylum on the RF territory in connection with the impossibility to receive necessary urgent aid in order to treat for that illness in the country of his (her) origin.
It should be noted that the ground for granting temporary asylum is not the fact they are ill, but the impossibility to receive urgent medical aid to treat for that illness on the territory of the state of his (her) nationality or his (her) permanent residence. In this connection the applicant will have well-grounded fear to become a victim of cruel, inhuman treatment or even tortures. If the person returns to the homeland, he (she) is doomed to unjustified sufferings. Proceeding from this fact, the Russian legislation does not cite an exhaustive list of illnesses, the availability of which can lead to the granting of temporary asylum to a person. Potentialities of different states on rendering urgent medical aid to people by the same illness are different and can change in due course.
According to the result of the consideration of the application for temporary asylum, the territorial organ of the migration service renders a decision to grant temporary asylum or to refuse it.
Temporary asylum is granted for a term of 1 year. This term can be extended for every next year on the basis of the person’s written application for the extension of the term for granting temporary asylum and by the availability of circumstances , which gave occasion to the granting of temporary asylum to the person.
Certificate of granting temporary asylum
In accordance with the Procedure for Registration, Issue and Exchange of Certificates of Temporary Asylum in the Russian Federation (Annex No. 4 to FMS Decree of March 25, 2011 No. 81), the registration and issue of the certificate on granting temporary asylum in the Russian Federation to a foreign national or a stateless person is conducted by the FMS territorial agency on the basis of a decision to grant him temporary asylum.
This certificate is issued to a person, who was granted temporary asylum, for up to one year.
In order to get such a certificate, the person who was granted temporary asylum should present to the FMS territorial agency four personal photos and two photos of each family member who has not reached the age of 18 and data about whom should be inscribed in the certificate.
The certificate is registered and issued during one working day following the day on which the decision to grant temporary asylum to the person was passed.
The forms of the certificates that were produced before RF Government Resolution of April 23, 2012 No. 363 nullifying the previous forms of the certificates entered into force may be used for registration of the certificates of temporary asylum in the Russian Federation until they are exhausted, but no later than January 1, 2013. The certificates registered on such forms are valid until their expiry date (RF Government Resolution of April 23, 2012 No.363).
The person who was granted temporary asylum and members of his (her) family arrived with him (her), have the right:
The person who was granted temporary asylum and members of his (her) family arrived with him (her), are obliged:
The person, who was granted temporary asylum, loses it:
The person, who was granted temporary asylum, is deprived of it if he (she):
The adoption of the resolution on the refusal to grant temporary asylum
A foreign national or a stateless person, with respect to whom a resolution on refusal to grant temporary asylum was passed, has the right to dispute this resolution judicially.
In accordance with Article 254 of the RF Code of Civil Procedure, a person (an organization) has the right to dispute a decision, an action ( an inaction) of a body of state power, a body of local self-government, a public servant, a government or municipal official in court, if the person holds that his (her) rights and freedoms are violated. The person has the right to apply to court directly or to a higher organ of state power, of local self-government, to a higher public servant or a government (municipal) official.
In accordance with Article 254 of the RF Code of Civil Procedure, you can lodge an application on disputing the resolution of the Federal Migration Service Department. In this application it is necessary to pose a question on the declaration of the resolution of the Federal Migration Service Department illegal and ask the court to oblige the Federal Migration Service Department to reconsider the application for temporary asylum on the RF territory.
According to Article 10 of the Federal Law “On Refugees”, the term for lodging the application on disputing can not exceed one month from the day when the person received a written notification about the passed resolution or from the day of the expiration of the monthly term after the lodging of the complaint if the person did not receive a written answer to it.
This application is lodged to court at the place of residence of the person or at the place of the location of the territorial organ of the migration service.
In accordance with Paragraph 20 of Decree of the Plenum of the RF Supreme Court #2 of February 10, 2009 “On Practice of Examination of Cases on Disputing Decisions, Actions (Inactions) of Organs of State Power by Courts”, a duty on vindicating the legality of the disputed resolution is placed on the territorial organ of the migration service, that passed that resolution.