Refugee should know that
On February 19, 1993 Federal Law “On Refugees” No. 4528-1 was passed. This law defines the grounds and procedure for recognizing a person as a refugee in the territory of the Russian Federation, sets forth economic, social and legal guarantees of the protection of the rights and legitimate interests of refugees in accordance with the Constitution of the Russian Federation, the generally recognized principles and norms of international law as well as with international treaties of the Russian Federation.
In accordance with requirements of the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees as well as with Article 1 (Paragraph 1, Subparagraph 1) of the Federal Law “On Refugees”, a refugee is a person who is not a citizen of the Russian Federation and who owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that 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.
The procedure of recognition as refugee
The grounds and the order of recognizing a foreign national and stateless persons as refugees on the territory of the RF is determined by the Federal Law № 4528-1 of February 19, 1993 “On refugees” (in the version of November 12, 2012).
The procedure of recognizing a person as refugee imply undergoing though the following stages:
1) applying for recognizing as refugee;
2) preliminary examination of the application;
3) making decision on issuing certificate on taking this application under essential consideration or on refusal in taking the application under essential consideration;
4) issuing certificate or notification on refusal to take the application under essential consideration;
5) essential examination of the application;
6) making decision on recognizing a person as refugee or on refusal to grant refugee status;
7) issuing certificate or notification on refusal to grant refugee status.
The decision on issuing certificate, on recognizing as refugee or the decision on refusal to take the application under essential consideration or on refusal to grant refugee status is made judging by the outcomes of questioning the person, filling in the questionnaire blank with the results of the conducted individual interviews, as well as with the results of examination on authenticity of the received information on this person and the members of his family arrived with him, examination of circumstances of their arrival on the territory of the Russian Federation and grounds of their residence on the territory of the Russian Federation, after all-rounded examination of reasons and circumstances, set in the application. To detail the facts, rendered by the applicant, any additional interviews are possible.
Person, applying on recognizing him as refugee and residing on the territory of the Russian Federation, in accordance with the legislation of the Russian Federation, undergoes identification of its personality, including obligatory government fingerprint at the place of applying for refugee status.
Person, who want to acquire refugee status, must apply for recognizing him as refugee in writing by himself or thorough his representative:
1) to the diplomatic representative agency or consular office of the Russian Federation outside the country of his citizenship (of his former permanent place of residence), if this person did not arrive to the territory of the Russian Federation;
2) to the immigration control post of the Federal Executive Agency on migration services, or, it case of the absence of the above-mentioned agency, to the frontier post of the Federal Executive Agency on security at the block post on the State border of the Russian Federation, while crossing the State border of the Russian Federation by this person.
3) to the agency of frontier post of the Federal Executive Agency on security or to the territorial agency of the Federal Executive Agency on Internal Affairs, or to the territorial agency of the Federal Executive Agency on migration, while forced illegal crossing the State border of the Russian Federation by this person in the place of clock post or outside it within 24 hours beginning from the day of crossing the State border of the Russian Federation.
4) to the territorial agency of the Federal Executive Agency on migration at the place of residence on legal ground on the territory of the Russian Federation.
Information on the under eighteen members of the family, arrived with the person, is registered in the application of one of their parents.
1) the federal executive body that is authorized to discharge functions on control and supervision in the field of migration, during 2 months from the day on which the decision to issue the certificate was rendered – with respect to a person who is outside the Russian Federation;
2) the territorial agency of the Federal Migration Service during 3 months from the day on which the decision to issue the certificate was rendered – with respect to a person who is at the temporary accommodation center or in another place of sojourn in the territory of the Russian Federation.
The time limit for the examination of the application on its merits may be extended, but for no longer than 3 months.
The decision on issuing certificate on taking the application under essential consideration or on refusal to take the application under essential consideration is made on the outcomes of the preliminary consideration of the application.
The decision on issuing certificate is the ground for granting you and the member of your family the following rights and responsibilities.
You have the right to:
1) get the services of interpreter and receive information of the order of recognizing as refugee, of your rights and duties;
2) get assistance in travel expenses and barrage allowance to get to the place of residence;
3) get one-time compensation for each member of the family according to the order and in the amount, determined by the Government of the Russian Federation, not less than 100 roubles;
4) get assignment of the territorial agency of the Federal Executive Agency on migration services to the place of temporary settlement;
5)get escort of representatives of the territorial agency of the Federal Executive Agency on migration services and (or) of the territorial agency of the Federal Executive Agency of Interior to the place of temporary settlement, as well as the right to be protected by the representatives of the territorial agency of the Federal to provide safety of these persons;
6) get meals and use the public services at the place of temporary maintenance or in the center of temporary settlement;
7) get medical and medicinal aid;
8) get assistance in direction to professional education courses in the center of temporary settlement or in job placement;
9) applying on cessation of examining the application essentially.
You must:
1) maintain the Constitution of the Russian Federation, federal laws and other normative acts of the subjects of the Russian Federation;
2) adhere to the established order of residence and fulfill the accepted requirements of sanitary hygienic norms of residence at the place of temporary maintenance or at the place of temporary settlement;
3) undergo obligatory medical examination in established order in accordance with requirement of the medical certificate.
4) inform the Federal Executive Agency on migration services or its territorial department reliable information, necessary for making decision on recognizing these persons as refugees.
Certificate is the document, identifying personality of a person applying to recognize him as refugee. Certificate is the ground for registration person applying to recognize him and member of his family as refugees in established order by the territorial agency of the federal executive agency of internal affairs for the term of considering the application essentially.
Examination the application essentially is conducted in established terms:
On the part of the persons who reside outside the territory of the Russian Federation, the term for examination makes up two months from the moment of accepting decision on issuing the certificate;
On the part on persons, residing in the center of temporary settlement or in some other place of residence on the territory of the Russian Federation, the term makes up three months from the moment of accepting decision on issuing the certificate.
Person recognized as refugee is issued certificate of established form. The certificate is the document identifying personality of a person recognized as refugee. Information on the members of the family of a person recognized as refugee, who are under 18 years old, is registered in the certificate of one of the parents.
The decision on recognizing as refugee is the ground for granting you and the member of your family the following rights and responsibilities.
Person recognized as refugee and the member of the family arrived with him have the right to:
1) get the services of interpreter and receive information of the order of recognizing as refugee, of your rights and duties;
2) get assistance in drawing up documents for entering the territory of the Russian Federation if these persons are outside the territory of the Russian Federation;
3) get assistance in travel expenses and barrage allowance to get to the place of residence;
4) get meals and use the public services at the place of temporary maintenance or in the center of temporary settlement;
5) get escort of representatives of the territorial agency of the Federal Executive Agency on migration services and (or) of the territorial agency of the Federal Executive Agency of Interior to the place of temporary settlement to provide safety of these persons;
6) reside in the housing, rendered in established order, set by the Government of the Russian Federation of the Fund of temporary settlement.
7) medical and medicinal aid equal to the citizens of the Russian Federation;
8) get assistance in direction to professional education courses in the center of temporary settlement or in job placemen equal to the citizens of the Russian Federation;
9) apply for wage work or self-employment on equal terms with the citizens of the Russian Federation;
10) apply for social aid, including social protection equal to the citizens of the Russian Federation;
11) apply for assistance to children of the person, recognized as refugee, in entering state and municipal preschool and secondary institutions, educational institutions of primary special education as well as apply for assistance in transferring them to educational institutions of secondary professional and high professional education on equal terms with the citizens of the Russian Federation;
12) rendering assistance to federal agency of the territorial executive agency on migration in getting information on relatives of person, recognized as refugee, residing in the state of his citizenship (his former place of residence);
13) apply to the territorial agency of the federal executive agency on migration at the place of sojourn of person and the members of his family for leaving the territory of the Russian Federation by these persons;
14) apply for rendering permanent residence permit on the territory of the Russian Federation or for citizenship of the Russian Federation in accordance with the legislation of the Russian Federation and international agreements of the Russian Federation;
15) take part in the social public life on equal terms with the citizens of the Russian Federation;
16) voluntary repatriation to the state of his citizenship (his former place of residence);
17) departure to the place of residence to foreign state;
2. Person recognized as refugee and the members of the family arrived with him are oblige to:
1) adhere to the Constitution of the Russian Federation, Federal laws and other normative acts of the Russian Federation, as well as laws and other normative acts of the subjects of the Russian Federation;
2) arrive in time to the center of temporary settlement or another place of sojourn determined by the federal executive agency on migration service or its territorial agency;
3) adhere to the establish order and implement established requirements of sanitary norms or residence of the center of temporary settlement;
4) inform within seven days the territorial agency of the federal executive agency on migration service on alteration of surname, first name, family staff, family status, on acquisition of citizenship of the Russian Federation or citizenship of another foreign state, as well as on acquisition of residence permit on the territory of the Russian Federation;
5) inform on the intention to change the place of residence on the territory of the Russian Federation or to move outside the territory of the Russian Federation;
6) take off the registration account in the territorial agency of the federal executive agency on migration service while changing the place of residence and in seven days from the day of arrival to the new place of residence to register at the territorial agency of the federal executive agency on migration service.
7) to get re-registered on dates fixed by territorial agency of the federal executive body that is authorized to discharge functions on control and supervision in the field of migration, but no less than once a year and a half.
If you were refused on one of the above-mentioned stages, you have the right to appeal against the decision in court.
In accordance with Article 254 of the Civil Procedure Code of the RF, citizen, organization has the right to appeal against the action (the absence of action) of government authority, local authority, official, state or municipal official in court, if they consider their rights and freedoms to be violated. Citizen can appeal direct to court or superior agency of state authority, local authority, to official, state or municipal official.
In accordance with Article 254 of the Civil Procedure Code of the RF, you may appeal against the decision of the Administration for Migration. In the application you should put down the question on recognizing the decision of the Administration for Migration unlawful and oblige to conduct necessary actions (e.g., register application, issue forced migrant status and others). This application is filed to the court at the place of your residence.
In accordance with Article 6 of the Law “On appealing against the actions and decisions, violating rights and freedoms of citizen”, you are not to justify unlawfulness of the action appealed against, you should only prove that your right was violated.
The time limit for submitting an application to court should not exceed:
1) one month from the day on which a person received a written notification of the passed decision, or from the day on which one month after the submission of the complaint has expired, if the person has not received a reply to this complaint in written form;
2) three months from the day when a person became aware of the refusal to recognize him as a refugee.
Refugee travel document
On January 1, 2013 amendments which were inserted in the Federal Law “On Refugees” entered into force. The law was supplemented with Article 8.1 regulating the official registration and issuance of the refugee travel document with an electronic storage device.
Thus, the territorial agency of the federal executive body authorized to discharge functions on control and supervision in the field of migration issues a travel document to a person recognized as a refugee, to members of his family arrived together with him as well as to persons who are under the guardianship (wardship) of the person who was recognized as a refugee in order that they may leave the Russian Federation and enter it.
The travel document with the electronic storage device is issued by an application for the travel document submitted after January 1, 2013.
The travel document identifies his owner when leaving the Russian Federation and entering the Russian Federation.
The travel document is issued for 5 years.
The form of the travel document and its description, the procedure for official registering and issuing the travel document, the form of the application for the travel document, the procedure for submitting this application in the form of an electronic document using information and communication technologies including the united portal of public and municipal services are determined by the federal executive body authorized to discharge functions on control and supervision in the field of migration.
In order to get the travel document, the person recognized as a refugee should present the following documents to the territorial agency of the federal executive body authorized to discharge functions on control and supervision in the field of migration:
1) two original copies of the application;
2) the birth certificate of the child of the person recognized as a refugee (if available) and (or) a document supporting the rights of the person recognized as a refugee as a legal representative of persons who are under his guardianship (wardship), or notarized copies of these documents.
In order to obtain biometric personal data recorded on the electronic storage device contained in the travel document that is issued to the person recognized as a refugee, such a person who submitted the application for the travel document, or a person with respect to whom such an application has been submitted are subject to digital photographing; and a person who reached the age of 12 is also subject to the scanning of the papillary patterns of the forefingers of his hands which is carried out by the territorial agency of the federal executive body authorized to discharge functions on control and supervision in the field of migration.
If it is impossible to scan the papillary patterns of the forefingers of the person recognized as a refugee (or the member of his family), the papillary patterns of other fingers of the indicated persons are scanned.
The time limit for the issue of the travel document should not exceed three months from the day of the submission of the proper application.
The day of the submission of the proper documentation is considered as the day of the submission of the application for the travel document.
The departure of the person recognized as a refugee and (or) members of his family from the Russian Federation can be temporarily limited if they:
1) are suspected or identified as defendants in accordance with the criminal procedure law of the Russian Federation – until the court decision is passed or the verdict enters into force;
2) evade the obligations imposed on them by the court – until the obligations are executed or the parties reach agreement;
3) reported deliberately false information about themselves when preparing documents for travelling outside the Russian Federation – until this problem is resolved by an authority that registered such documents, within the period not exceeding a month;
If one of the parents (adoptive parents, guardians or custodians) expresses his disagreement to travelling outside the Russian Federation for a member of the refugee family who has not reached the age of 18, then the issue related to the possibility for the mentioned family member to travel outside the Russian Federation should be solved judicially.
The procedure for lodging the application on the disagreement to travelling outside the Russian Federation for the member of the refugee family who has not reached the age of 18 is set forth by the federal executive body authorized to discharge functions on control and supervision in the field of migration.
The state fee shall be paid for the issue of the travel document. The amount of the state fee and the procedure for its payment are set forth in RF laws on taxes and fees.
Carrying out labour activities by persons who seek asylum in the territory of the Russian Federation
Answer of the FMS of Russia of May 23, 2011 No.МС-2/6-8237U says that according to Subparagraph 8 of Paragraph 1 of Article 6 of the Federal Law “On Refugees”, a foreign national who received the certificate as well as members of his family arrived together with him have the right to receive assistance in job-finding in accordance with laws of the Russian Federation. The situation with foreign nationals who were granted temporary asylum in the Russian Federation is analogous.
Federal Law of July 25, 2002 No. 115-FZ “On Legal Status of Foreign Nationals in the Russian Federation” stipulates that the foreign national has the right to carry out labour activities only if he has the labour permit.
The procedure for employing the foreign nationals who received the certificates on consideration of their application for refugee status on the merits, or who were recognized as refugees, or were granted temporary asylum is not determined by The Rules For Issuing Permits To Foreign Nationals To Work In The Russian Federation Temporarily which are in force today and were approved by RF Government Resolution of November 15, 2006 No. 681.
In accordance with the Federal Law “On Legal Status of Foreign Nationals in the Russian Federation”, the labour permit is a document supporting the right of a foreign worker to carry out labour activities in the Russian Federation temporarily or the right of a foreign national registered as an individual entrepreneur in the Russian Federation to carry out business activities.
Foreign nationals who received the certificate on consideration of their application for refugee status in the Russian Federation on the merits, or who were recognized as refugees, or who were granted temporary asylum are not required to obtain the labour permit (in contrast to other categories of foreign nationals who stay in the Russian Federation) so long as according to the Federal Law “On Refugees”, they already have the right to job-placement, employment or business activities.
But the Federal Law “On Refugees” does not provide for assistance in job-placement of foreign nationals who applied for refugee status (with respect to whom the decision to issue the certificate has not been passed yet) or for temporary asylum (with respect to whom the decision to grant them temporary asylum has not been passed yet).
