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.

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

Chapter 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 "About refugees" (further – the Law) and determine procedure for assignment, prolongation, deprivation and termination of the status of the refugee.

2. In these rules the following concepts are used:

the refugee – the foreigner who owing to reasonable concerns to fall victim of prosecutions on the basis of race, nationalities, religions, nationality, belonging to certain social group or political convictions is out of the country of the civil accessory and cannot use protection of the country or does not wish to use such protection owing to such concerns or the stateless person which is out of the country of the permanent residence or civil accessory which cannot or do not wish to return to it owing to these concerns;

the certificate of the refugee – the document issued by local executive body of areas, cities of republican value and the capital (further – local executive bodies), proving the identity and 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;

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 local executive 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 local executive body, confirming registration of the petition for assignment of the status of the refugee;

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

Chapter 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 local executive body 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 local executive body from the date of decision making.

5. To person who is given the status of the refugee the local executive 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 the refugee of the legal representative or the certificate of 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 local executive 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.

6. If person within three months after departure to it the copy of the decision on recognition by his refugee was not in local executive 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 local executive body cancels the decision on assignment of the status of the refugee.

7. In case of receipt of the certificate of the refugee by person recognized as the refugee, the local executive 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 local executive body for the term of recognition of this person by the refugee.

8. The certificate of the refugee is registered in local executive body for the term of recognition of this person by the refugee.

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 local executive body in new place of registration of the refugee.

9. If to person who is looking for shelter it is refused assignment of the status of the refugee according to the bases provided in article 12 of the Law, the local executive body within five working days from the date of decision making about refusal hands or sends to this person in the place of its stay the copy of the decision with indication of causes of failure and procedure for appeal of the made decision, and also informs division of migratory service of law-enforcement bodies with submission of the copy of the made decision.

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