STATE MIGRATION SERVICE OF THE RA MINISTRY OF TERRITORIAL ADMINISTRATION
INFORMATIVE BROCHURE
For asylum seekers and refugees in the Republic of Armenia
Yerevan 2010
CONTENT
INTRODUCTION
PART 1. REFUGEE STATUS AND ASYLUM
1.1What is an asylum?
1.2Who is a refugee?
1.3Basic rights and obligations of refugees
PART 2. REFUGEE STATUS DETERMINATION (RSD) PROCEDURE
2.1 Applying for refugee status and asylum
2.2 Interview
2.3 The decisions in relation to the claim for refugee status
2.4 Exclusion from refugee status and granting asylum
PART 3. FAMILY REUNION
3.1 How to reunite to the family?
3.2 The status the refugee family members
PART 4. REFUGEE STATUS CANCELLATION AND CESSATION
4.1 Refugee status cancellation
4.2 Cancellation of the asylum granted in Armenia
4.3 Cessation of recognition as a refugee
PART 5. APPEAL RIGHTS
5.1 Who can appeal?
5.2 Time limit for appeal submissions
5.3 How to submit an appeal request?
5.4 The appeal procedure
5.5 Appeal decisions
PART 6. CONSEQUENCES OF REFUGEE STATUS AND ASULYM REFUSAL
6.1 Voluntary repatriation
6.2 Deportation
PART 7. RE-APPLYING FOR REFUGEE STATUS AND ASYLUM
7.1Grounds for re-applying for refugee status and asylum
7.2 Rights and obligations during new claim processing
PART 8. IDENTIFICATION DOCUMENTS PROVIDED TO REFUGEES AND ASYLUM SEEKERS
8.1 Identity Document for an Asylum Seeker
8.2 Convention Travel Document
PART 9. RECEPTIONCENTER
9.1 Accommodation in a reception center
9.2 Period of residence in the reception center
9.3 Rules for residence in the reception center
PART 10. SOCIAL ASSISTANCE
PART 11. QUESTIONS AND ANSWERS FOR REFUGEES AND ASYLUM SEEKERS
PART 12. USEFUL ADDRESSES AND TELEPHON NUMBERS
SCHEME OF ASYLUM GRANTING PROCEDURE
INTRODUCTION
Armenia, based on universally recognized rights, internationally recognized norms and national legislation, provides asylum (protection) to all the persons (men, women and children), who were forced to leave the country of their citizenship or permanent residence due to a well-founded fear of being persecuted or serious threat to their life and freedoms.
This informational brochure was worked out for persons seeking asylum and refugees in the Republic of Armenia for providing them with clear, full and available information on asylum granting procedures in Armenia.
The brochure mainly includes information related to asylum application procedure, stages of asylum application processing, receiving social assistance, as well as rights and obligations of asylum seekers and refugees. You can find the asylum granting procedure in Armenia presented in scheme shape on last page of this brochure.
The brochure was developed by the State Migration Service of the RA Ministry of Territorial Administration in joint cooperation with Armenian branch office of the United Nations High Commissioner for Refugees.
State Migration Service of the Ministry of Territorial
Administration of the Republic of Armenia
PART1. REFUGEE STATUS AND ASYLUM
What is an asylum?
Asylum is the protection granted to foreign citizens or stateless persons in Armenia. Asylum is provided through recognition of a foreigner as a refugee in Armenia.An asylum seeker or a refugee shall not be returned to the territory of the country where his/her life or freedom are endangered owing to reasons of race, religion, nationality, membership to a particular social group, political opinion or general violence, external attack, mass violation of human rights or other serious events breaching public order.
Who is a refugee?
A refugee is:
1)A foreign citizen, who owing to a 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/her citizenship and is unable, or owing to such fear, is unwilling to avail him/herself of the protection of the country; or who, not having citizenship and being outside the country of his former permanent residence is unable or, owing to such fear, unwilling to return to it.
2)A foreign citizen, who has been compelled to leave his/her country of citizenship, or in case of a stateless person, his/her former residence due to generalized/general violence, foreign aggression, internal conflicts, massive violation of human rights, or other serious events disturbing public order.
A foreign citizen or stateless person, who is officially recognized as a refugee by the other Signatory States to the 1951 Geneva Convention “On Refugee Status”, are also considered as a refugee.
In Armenia refugee recognition and asylum granting is implemented by the State Migration Service (SMS) of the RA Ministry of Territorial Administration.
1.3. Basic rights and obligations of refugees
Right to legal residence in Armenia
In case you are recognized as a refugee and granted asylum, you are protected and under the auspices of the Republic of Armenia. You are granted right to legal residence without time limitation in Armenia.
Right to work
You have a right to work. You are not demanded to apply for working permit as it is usually the case with other foreigners. By recognizing a refugee you automatically receive working permit. You have a right to look for a job and work in the same conditions as the RA citizens, except for the cases when it is obligatory to have the RA citizenship by the law.
Right to education
In Armenia persons, recognized as refugees and granted asylum, in general have the right to basic general education equal to the RA citizens. In the issues related to higher education and other education related issues they have all the rights stipulated for foreign citizens legally residing in Armenia.
Right to movement and choosing place of residence
You have the right to free movement within the territory of Armenia, as well as choosing a place of your residence.
Right to property
You have the same rights as citizens of the Republic of Armenia with regard to acquisition of movable and non-movable property, as well as its ownership. You shall not enjoy the right to land ownership, as according to the RA legislation right to land ownership is granted only to the RA citizens and those foreigners, who were granted with special residence permit.
Right to social security and medical care
You have the same equal rights to benefit from the social services and free medical care which are defined for the RA citizens except for the cases when having the RA citizenship is obligatory by the law.
Exemption from liability
If you are recognized as a refugee and granted an asylum by the SMS, then you are exempted from the liability to illegally cross Armenian border or residing illegally in Armenia.
Right to Armenian citizenship (naturalization)
If you are recognized as a refugee and granted an asylum, you have a right to apply for Armenian citizenship in case you have been residing on the territory of the Republic of Armenia for the preceding 3 years, are proficient in the Armenian language, familiar with the Constitution of the Republic of Armenia.
In order to receive Armenian citizenship the time limit of 3 years residence is not necessary if:
-you marry a citizen of the Republic of Armenia or have a child, a father or a mother , holding citizenship of the Republic of Armenia
-your parents or at least one of them held RA citizenship in the past or was born on the territory of the Republic of Armenia
- you are Armenian by origin
Limitations to some rights
You do not have a right to elect (except for local self government bodies’ election), cannot join any party of the RA, cannot elect or be elected to a position, which demands RA citizenship.
Obligations
You are obliged to pay taxes, duties and other compulsory fees in conformity with the procedure prescribed by the law.While exercising your rights you should not endanger the legal interests, rights and freedoms of the RA citizens and others, public order, and the RA safety.
PART 2. REFUGEE STATUS DETERMINATION (RSD) PROCEDURE
2.1 Applying for refugee status and asylum
You can apply for asylum in the RA after entering the territory of the Republic of Armenia, as well as in border crossing points (airport) of the Republic of Armenia.
You have a right to apply for asylum even if you entered Armenia illegally.
If you are in the territory of the Republic of Armenia, then you should visit the State Migration Service of the Ministry of Territorial Administration of the Republic of Armenia (SMS) for submitting your request on asylum granting. You must submit an asylum application pursuant to the form stipulated by the RA Government to the SMS. Don’t worry; the staff member of the asylum issues division of the SMS will assist you in filling the application. The application can be filled in Armenian or any language of the UN.
If you seek asylum together with your family members, you can submit a unitary application filled by an adult member of your family or each member of your family can file an individual asylum application.
Please mention in your asylum application reasons causing to leave the country of your citizenship or permanent residence.
You should submit following documents along with asylum application:
-a copy of your passport, copies of other identification documents;
-a copy of birth certificate ( if you are minor);
-documents, which in your opinion, substantiate or can substantiate your persecution;
-4 color photos (35x45mm-sized)
If you do not have a photo, you will be photographed at the SMS free of charge.
You have a right to submit an asylum application even if you do not have/hold a passport or any other identification document. Your asylum application will be submitted and you will be registered by the SMS as a person, seeking asylum in Armenia.
Applying for a refugee recognition and asylum at the RA border crossing point (airport)
You can apply for refugee status and asylum at the following RA border crossing points:
Bavra
Bagratashen
Meghri
Airum
Gogavan
Zvartnots airport
If you are at the Armenian border crossing point ((at the airport), then you should inform the staff member of the RA Guardianship Service about your intention of submitting asylum application in Armenia. In this case you will not be necessary for you to provide a written application.
You can express your request on asylum granting in oral or written from, as well as using sign language or any other way. Staff member of RA Border Guards will register your asylum request in the journal, then they the SMS will be informed about your asylum request. You will be explained how to get to the SMS office and submit asylum application. In case of necessity you and your family members’ transfer from the RA border crossing point (airport) to the SMS office will be organized.
2.2 Interview
After registering your application in the SMS an interview will be conducted with you by the SMS staff member within 15 days. You will be informed about date and time of the interview in advance.
The aim of the interview is to get information on the reasons of leaving your country. You will be asked questions and you must answer them. You are obliged to come to the interview, cooperate with the SMS and provide correct information to the interviewer.
If you are absent from to the interview with no valid reason and do not cooperate with the SMS, then the processing of your application will be suspended by the SMS. We ask to inform the SMS if your participation is not possible or you are late at least 1 day prior to the interview.
If you are a female asylum seeker, then on your request the interview will be conducted a female staff member of the SMS. If you do not know English, then the interview will be conducted with participation of the interpreter, provided by the SMS. If necessary a female interpreter will be invited on your request.The minutes of the interview will be drawn up by the SMS staff member.
If the SMS considers that your application is well-founded or obviously groundless and the information of your case is not sufficient for making a decision, then no interview will be conducted with you.
Dear asylum seeker,
Don’t worry the interview is confidential. The information provided by you will not be communicated to the authorities of your country or any other person. The confidentiality of the interview is guaranteed by the law.
2.3 The decisions in relation to the claim for refugee status
The SMS will take a decision after submission of asylum application within 3 months:
-on being recognized as a refugee and granting asylum in Armenia, or
-on rejection of your asylum application.
If you have already been recognized as a refugee by any other SignatoryState to the 1951 Geneva Convention “On Refugee Status”, then you will be granted only asylum or decision on its rejection will be made.
You will be informed about the taken decision by the SMS in three days. You can receive the decision yourself from the SMS or it will be sent by mail.
If your asylum application is rejected and you do not agree with it, you have a right to appeal it to the court.
2.4 Exclusion from refugee status and granting asylum
You cannot be recognized as a refugee, if there are reasonable grounds to assume that you:
-committed a crime against peace, a war crime or humanity according to the international instruments drawn up to make provisions in respect of such crimes;
-committed a serious non-political crime outside the borders of the Republic of Armenia before seeking asylum in Armenia;
-were found guilty in the actions that contradict aims and principles of the United Nations.
PART 3. FAMILY REUNION
3.1 How to reunite to the family?
By recognizing a refugee you have a right to family reunification with family members even if they are outside the boundaries of the Republic of Armenia. In order to reunite with you they must apply to Armenian diplomatic representation or consular department with request for family reunification. Your family members will be granted with valid visa for entering the Republic of Armenia.
In case of absence of Armenian diplomatic representation or consular department in the respective country, they must apply to diplomatic representation or consular department of the Republic of Armenia in the closest country with request for family reunification.
3.3 The status the refugee family members
Your family members will be recognized as refugees and will be granted asylum, if they do not hold the citizenship of any other state other than you.
PART 4. REFUGEE STATUS CANCELLATION AND CESSATION
4.1 Refugee status cancellation
Your refugee status will be cancelled by the SMS if you:
- have voluntarilyre-availed yourself of the protection of the country of your citizenship, or
- having lost your citizenship voluntarily re-acquired it, or
- have acquired the citizenship of the Republic of Armenia or other country and enjoy the protection of that country, or
- have voluntarily re-established yourself in the country you left or flee due to fear of being persecuted, or
- can no longer refuse to avail yourself of the protection of the country of your citizenship, because the circumstances due to which you were recognized as a refugee have ceased to exist, or
- not having citizenship, can enable yourself to return to the country of your former residence because the circumstances due to which you were recognized as a refugee have ceased to exist, or
- you do not want to be considered as a refugee for personal reasons.
4.2 Cancellation of the asylum granted in Armenia
If you were recognized as a refugee and were granted asylum, then the asylum granted in Armenia is cancelled if:
-there are reasonable grounds that you constitute a threat to the national security of the Republic of Armenia or have been convicted for committing a serious or particularly serious crime,
-you leave the Republic of Armenia and remain outside the territory of the Republic of Armenia after the expiration of the Convention Travel Document issued to you
4.3 Cessation of recognition as a refugee
Refugee recognition will be ceased if it will turn out that your data obviously does not meet the requirements stipulated by the RA Law "On Refugees and Asylum", as according to new proofs the statements made by you and documents presented were fraud.
PART 5. APPEAL RIGHTS
5.1 Who can appeal?
You have a right to appeal to the court against any negative decision made by the SMA.
If you appealed the SMS decision, then before the court will take a final decision you are considered as an asylum seeker and have a right to legally reside in the territory of the Republic of Armenia. Don't worry, you will not be deported and will not be returned to the country of your citizenship of country of your permanent residence until there is a final decision on your asylum application.
5.2 Time limit for appeal submissions
Within 30 days after notification on decision on your asylum application you may appeal to the RA Administrative Court. If you do not apply to the court within this period of time, the decision becomes final. The period for launching an appeal may be renewed only if there are valid reasons for missing it. The reasons for missing the appeal period are considered to be valid, if they do not fall within the sphere of your influence.
After the reasons for missing the appeal period disappears, you can submit an appeal to the court within 15 days, but not later than within 3 months starting from the day you got acknowledgement of the decision on your asylum application. If you do not lodgethe appeal within this period the decision of the SMS becomes final.
5.3 How to submit an appeal request?
To appeal against the negative decision, it is necessary to file a claim to the court for declaring the negative decision of the SMS invalid and obliging it to recognize you as a refugee. The content of the application should meet requirements of the RA legislation; otherwise the court will not review your application. It is expedient for appealing a negative decision to obtain a lawyer, who will prepare the claim and submit it to the court.In order to get free legal services of a lawyer, you can apply to the UNHCR partner organization –“ArmenianCenter ofHealth and Education”.If you desire tohirea lawyer on your own expences, you may apply to the RA Chamber of Advocates.
5.4 The appeal procedure
The appeal procedure is implemented by 2 court instances: