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RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of March 7, 2005 No. 7130

About approval of the Regulations on procedure for provision of the status of the refugee in Turkmenistan

For the purpose of enhancement of procedure for provision of the status of the refugee in Turkmenistan according to the conventional principles and rules of international law I decide:

Approve the enclosed Regulations on procedure for provision of the status of the refugee in Turkmenistan.

 

President of Turkmenistan Saparmurat Turkmenbashi

Approved by the resolution of the President of Turkmenistan of March 7, 2005 No. 7130

Regulations on procedure for provision of the status of the refugee in Turkmenistan

I. General provisions

The refugee person who is not citizen of Turkmenistan is recognized, by force left the place of the permanent residence in the territory of other state and owing to quite reasonable concerns to fall victim of prosecutions on the basis of race, religion, nationality, belongings to certain social group or political convictions is in Turkmenistan and cannot or does not wish to use protection of the country owing to such concerns or, without having certain nationality and is out of the country of the former regular residence as a result of similar events, cannot or does not wish to return to it owing to such concerns.

2. The status of the refugee in Turkmenistan is provided by Public service of Turkmenistan on registration of foreign citizens (further hereinafter is referred to as bodies of registration service) in coordination with the Cabinet of Ministers of Turkmenistan.

3. The decision on provision of the status of the refugee is made within 3 months from the date of registration of the petition for provision of the status of the refugee. In case of need the term of consideration of the petition can be prolonged up to one year.

II. Procedure for giving and registration of the petition for provision of the status of the refugee in Turkmenistan

4. For receipt of the status of the refugee person on arrival to Turkmenistan shall address personally or through the authorized representative with the written petition to bodies of registration service.

If person by force was to cross Frontier of Turkmenistan with intention to acquire the status of the refugee illegally, the head of the border service, having found out intentions of person, directs it to the closest post of migratory control.

5. The petition for provision of the status of the refugee shall be registered by body of registration service in day of giving. Identity documents of the applicant and members of his family shall be attached to the petition. If petitioning declared lack at it of identity documents, then he shall make explanation or provide the documents explaining the reasons of their absence and in this case the information about him registers from his words. Lack of identity documents of the applicant, is not the reason for refusal of registration of the petition.

6. In case of absence at the refugee of identity documents, or detection at it forgery documents bodies of registration service send it to the place of temporary content for the purpose of:

identifications;

clarifications of circumstances in case of which person left the country or former residences;

conducting trials in cases of destruction of identity documents, and uses of forgery documents;

protection of homeland security and protection of public order.

The place of temporary content is determined by bodies of registration service together with law enforcement agencies and hyakimlika on places.

7. In case of registration of the petition to the applicant the registration certificate of the petition (further hereinafter is referred to as the certificate) proving the identity of person petitioning for receipt of the status of the refugee based on which it shall be registered in bodies of registration service for the place of stay is granted.

The certificate is signed by the Chief of Public service of Turkmenistan on registration of foreign citizens and certified by seal.

The certificate is granted for a period of up to 3 months and prolonged for necessary term in cases if identification of the applicant or establishment of the facts requiring check are not finished.

8. In cases of the emergency mass arrival of persons petitioning for recognition by their refugees, employees of bodies of registration service in case of receipt of the relevant information leave to places of their arrival where carry out registration of petitions of these persons and grant certificates.

9. Employees of bodies of registration service after registration of the petition and issue of the certificate shall acquaint the applicant with general procedure for consideration of its petition, and also its rights and obligations.

10. Petitions move on behalf of each family member who reached 18-year age. The information about the persons who did not reach 18 years and arrived in family composition of persons petitioning for recognition by their refugees is entered in the petition of one of parents, and in the absence of parents - in the petition of their legal representative or in the petition of one of family members who reached 18-year age and voluntarily took maintenance responsibility of minor family members. Materials of petitions of members of one family are drawn up in one case.

The family members who arrived to Turkmenistan separately in case of submission of petitions for the purpose of reunion of family shall provide the documentary and other evidences confirming availability of the family relations. By consideration of such materials the principle of unity of family is observed.

The minors who are married submit petitions independently in accordance with general practice.

11. If to Turkmenistan without legal representatives there arrived minors or persons with mental disturbances bodies of registration service take measures for transfer of these persons to guardianship and custody bodies and promote in consideration in the shortest possible time of the petition for provision of the status of the refugee by it.

12. If person for health reasons or to other reasonable excuses has no opportunity to address personally with the petition for provision of the status of the refugee, then with the petition his authorized representative can address.

13. Persons who petition for provision of the status of the refugee have the rights and perform duties, stipulated by the legislation Turkmenistan.

III. Procedure for consideration of petitions for provision of the status of the refugee in Turkmenistan

14. The procedure of consideration of the petition for provision of the status of the refugee includes:

holding interview with the applicant;

check of authenticity of the submitted documents and reliability of the received data;

decision making according to the petition for recognition of person by the refugee.

15. Primary collection and verification of the documents attached to the petition for provision of the status of the refugee in Turkmenistan are performed by bodies of registration service.

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