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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 9, 2010 No. 183

About approval of Rules of assignment, prolongation, deprivation and the termination of the status of the refugee

According to the Law of the Republic of Kazakhstan of December 4, 2009 "About refugees" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of assignment, prolongation, deprivation and the termination of the status of the refugee.

2. This resolution becomes effective after ten calendar days after the first official publication.

 

Prime Minister

Republic of Kazakhstan K. Masimov

Approved by the order of the Government of the Republic of Kazakhstan of March 9, 2010 No. 183

Rules of assignment, prolongation, deprivation and termination of the status of the refugee

1. General provisions

1. These rules of assignment, prolongation, deprivation and termination of the status of the refugee (further - Rules) are developed according to the Law of the Republic of Kazakhstan of December 4, 2009 "About refugees" (further the Law "About Refugees") and determine procedure for assignment, prolongation, deprivation and termination of the status of the refugee.

2. In these rules the following concepts are used:

person who is looking for shelter - the foreigner or the person without citizenship who showed willingness to address for shelter in the Republic of Kazakhstan before acceptance of the final decision by authorized body according to their petition for assignment of the status of the refugee;

the certificate of person who is looking for shelter - the document issued by authorized body, confirming registration of the petition for assignment of the status of the refugee;

the certificate of the refugee - the document issued by authorized body, proving the identity and the confirmatory status of the refugee;

the travel document - the document issued to person who is given the status of the refugee for movement outside the territory of the Republic of Kazakhstan;

authorized body - the state body of the Republic of Kazakhstan performing management in the sphere of regulation of the relations concerning refugees.

2. Procedure for assignment and prolongation of the status of the refugee

3. The decision on assignment of the status of the refugee is made by territorial subdivision of authorized body according to the recommendation of the commission on implementation of the procedure of assignment, prolongation, deprivation and termination of the status of the refugee within three months from the date of registration of the petition for assignment of the status of the refugee.

In cases when decision making requires additional check, removal of the final decision is postponed for term no more than one year about what within two working days from the date of adoption of the relevant decision person who is looking for shelter is notified.

4. The decision on recognition by the refugee is handed within five working days or goes to the person within two working days territorial subdivision of authorized body from the date of decision making.

5. The decision on recognition by the refugee of person which is outside the territory of the Republic of Kazakhstan goes territorial subdivision of authorized body within two working days to authorized body, and further, through the Ministry of Foreign Affairs of the Republic of Kazakhstan, the decision within two working days specified goes to diplomatic representation or consular establishment of the Republic of Kazakhstan in the place of submission of the petition for the purpose of document creation for entrance to the territory of the Republic of Kazakhstan of these persons.

6. To person who is given the status of the refugee the territorial subdivision of authorized body within five working days from the date of decision making issues the certificate of the refugee.

Information about members of the family of person recognized as the refugee, eighteen years which did not reach age is brought as a witness the refugee of one of parents, and in the absence of parents as a witness of the refugee of the legal representative or as a witness the refugee of one of family members who reached age of eighteen years and voluntarily took the responsibility for behavior, education and content of the family members who did not reach age of eighteen years. Subsequently to specified persons, the territorial subdivision of authorized body issues the certificate of the refugee of age of eighteen years on reaching them based on their written application submitted in any form.

To the person recognized as the refugee, who did not reach age of eighteen years and arrived to the territory of the Republic of Kazakhstan without parents or legal representatives, the certificate of the refugee is also handed.

The certificate of the refugee is valid in all territory of the Republic of Kazakhstan.

7. If person within three months after departure to it the copy of the decision on recognition by his refugee was not in territorial subdivision of authorized body behind receipt of the certificate of the refugee and the notification that this person to the address specified to them does not live arrived, or information from law-enforcement bodies on departure of this person out of limits of the territory of the Republic of Kazakhstan or other reliable information confirming finding of person outside the territory of the Republic of Kazakhstan is obtained, the territorial subdivision of authorized body cancels the decision on assignment of the status of the refugee.

8. In case of receipt of the certificate of the refugee by person recognized as the refugee, the territorial subdivision of authorized body withdraws the certificate of person who is looking for shelter which is earlier granted to it from the refugee and acquaints him with the personal record of the refugee.

The national (civil) passport and (or) other identity documents of person recognized as the refugee in case of receipt of the certificate of the refugee remain stored in territorial subdivision of authorized body for the term of recognition of this person by the refugee.

9. The certificate of the refugee is registered in division of migratory police of law-enforcement bodies for the term of recognition of this person by the refugee, based on the authorized body of the direction issued by territorial subdivision.

In case of change by the refugee of the residence in the territory of the Republic of Kazakhstan materials of its personal record are sent to territorial subdivision of authorized body in new place of registration of the refugee.

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