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RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of July 1, 2010 No. 130

About approval of Rules of expulsion out of limits of the Azerbaijan Republic the foreigners and stateless persons which do not have the status of the immigrant

(as amended on 02-08-2013)

For the purpose of ensuring execution of Item 4.8 of the Presidential decree of the Azerbaijan Republic of August 5, 2008 "About application of the Law of the Azerbaijan Republic of June 24, 2008 No. 658-IIIQD "About development of management system by migration and modification and amendments in some legal acts of the Azerbaijan Republic" the Cabinet of Ministers of the Azerbaijan Republic decides No. 805:

1. Approve "Rules of expulsion out of limits of the Azerbaijan Republic of the foreigners and stateless persons which do not have the status of the immigrant" (are attached).

2. This resolution becomes effective from the date of signing.

Prime Minister of the Azerbaijan Republic

A. Rasi-zade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of July 1, 2010 No. 130

Rules of expulsion out of limits of the Azerbaijan Republic the foreigners and stateless persons which do not have the status of the immigrant

1. These rules are prepared in connection with execution of Item 4.8 of the Presidential decree of the Azerbaijan Republic of August 5, 2008 No. 805 "About application of the Law of the Azerbaijan Republic of June 24, 2008 No. 658-IIIQD "About development of management system by migration and modification and amendments in some legal acts of the Azerbaijan Republic" and establish rules of expulsion out of limits of the Azerbaijan Republic of the foreigners and stateless persons which do not have the status of the immigrant.

2. In case of gross violation by the foreigners and stateless persons who do not have the status of the immigrant, the legislation on legal status of foreigners and stateless persons in the Azerbaijan Republic they can be expelled out of limits of the Azerbaijan Republic based on the decision of the Ministry of Internal Affairs of the Azerbaijan Republic, the Public Migratory Service of the Azerbaijan Republic or court.

3. In case of recognition of the foreigners and stateless persons who do not have the status of the immigrant, injured from human trafficking, expulsion out of limits of the Azerbaijan Republic is not applied to them during 1 year, and they are registered by the procedure established by the legislation. Expulsion out of limits of the Azerbaijan Republic is not applied to the children who became the victims of human trafficking.

3-1. According to the Law of the Azerbaijan Republic "About fight against human trafficking" during this period administrative expulsion out of limits of the Azerbaijan Republic is not applied to the victim of human trafficking to which time for recovery and reflection is provided.

4. If the foreigners and stateless persons which do not have the status of the immigrant gave help to criminal prosecution authorities in connection with human trafficking and national security of the Azerbaijan Republic - the state independence, sovereignty, territorial integrity, the constitutional system, national interests of the people and the country, the rights and interests of the person, society and state, expulsion out of limits of the Azerbaijan Republic is not applied to these persons before the end of criminal prosecution.

5. Concerning the foreigners and persons without citizenship which do not have the status of the immigrant, who violated the law on legal status of foreigners and stateless persons in the Azerbaijan Republic the relevant protocol is constituted. In the protocol the actual circumstances connected with violation by foreigners and stateless persons, not having status of the immigrant, the legislation on legal status of foreigners and stateless persons in the Azerbaijan Republic and legal basis for expulsion of these persons out of limits of the Azerbaijan Republic are specified. The foreigners and stateless persons which do not have the status of the immigrant having the right to get acquainted with the constituted protocol and to do on it the corresponding notes.

6. In each case in case of the decision the Ministry of Internal Affairs of the Azerbaijan Republic and the Public migratory service of the Azerbaijan Republic within the powers of question of expulsion of the foreigners and stateless persons which do not have the status of the immigrant out of limits of the Azerbaijan Republic research the reasons for which they did not leave the territory of the Azerbaijan Republic.

7. In case of absence (loss, concealment, etc.) at the foreigners and stateless persons which do not have the status of the immigrant, documents proving their identity in the presence of the relevant agreement between the Public migratory service of the Azerbaijan Republic or the Ministry of Internal Affairs of the Azerbaijan Republic and authorized government institutions of foreign countries directly, and in all other cases by the address by means of the Ministry of Foreign Affairs of the Azerbaijan Republic the corresponding documentary work on the directions specified in Item 18 of these rules is carried out and adequate measures in the direction of establishment of their personality are taken.

8. For refining of the foreigners and stateless persons which do not have the status of the immigrant this about the personality before decision about their expulsion out of limits of the Azerbaijan Republic requests within appropriate authority within the mezhucherezhdenchesky automated "Entrance Departure and Registration" information retrieval system (further - MAIPS) or single migratory information system are sent and the relevant data are obtained.

9. In decisions of the Ministry of Internal Affairs of the Azerbaijan Republic and the Public migratory service of the Azerbaijan Republic expulsion of the foreigners and stateless persons who do not have the status of the immigrant out of limits of the Azerbaijan Republic shall be proved.

10. The employee of the body making the decision on it acquaints these persons with the decision and provides to these persons one copy of the decision. If these persons do not know Azerbaijani, in this process participation of the translator is provided.

11. The foreigners and stateless persons which do not have the status of the immigrant shall leave the territory of the Azerbaijan Republic during the term (48 hours) established by the Public migratory service of the Azerbaijan Republic and the Ministry of Internal Affairs of the Azerbaijan Republic in the decision on their expulsion out of limits of the Azerbaijan Republic.

12. In case of delay in the document flow connected with expulsion of the foreigners and stateless persons who do not have the status of the immigrant out of limits of the Azerbaijan Republic or in case of other circumstances interfering execution of the decision on expulsion (need for urgent treatment of these persons or serious illness or the death of their close relatives living in the Azerbaijan Republic), the body which made the decision on expulsion considers question of prolongation of term of expulsion.

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