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ORDER OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of November 29, 2010 No. 496

About approval of Rules of registration and consideration of the petition for assignment of the status of the refugee

(The last edition from 13-12-2017)

According to the subitem 7) article 6 of the Law of the Republic of Kazakhstan of December 4, 2009 "About refugees" PRIKAZYVAYU:

1. Approve the enclosed Rules of registration and consideration of the petition for assignment of the status of the refugee.

2. Declare invalid the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 17, 2010 No. 87-p "About approval of Rules of registration and consideration of the petition for assignment of the status of the refugee" (it is registered in the Register of state registration of regulatory legal acts for No. 6174, No. 8, by the Art. 380, for 2010 is published in the Bulletin of regulatory legal acts of the central executive and other state bodies of the Republic of Kazakhstan).

3. To provide to committee of migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication.

4. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan Kulinich A. V. and Committee of migratory police of the Ministry of Internal Affairs of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Minister

S. Baymaganbetov

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of November 29, 2010 No. 496

Rules of registration and consideration of the petition for assignment of the status of the refugee

Chapter 1. General provisions

1. These rules of registration and consideration of the petition for assignment of the status of the refugee (further - Rules) are developed according to the subitem 7) of article 6 of the Law of the Republic of Kazakhstan of December 4, 2009 "About refugees" (further - the Law) and determine order of registration and considerations of the petition for assignment of the status of the refugee.

2. In these rules the following concepts are used:

1) the petition - the written address of person who is looking for shelter personally or by proxy on that the representative about assignment of the status of the refugee in the place of the stay in authorized body;

2) person who is looking for shelter (further - person) - 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;

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

4) members of the family of person who is looking for shelter - the spouse (a), their minor children and other persons which are in his (her) dependence;

5) 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, being 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;

6) authorized body - the state body performing management in the sphere of regulation of the relations concerning refugees.

Chapter 2. Order of registration of the petition for assignment of the status of the refugee

3. Person within five calendar days on arrival to the Republic of Kazakhstan or since the moment when it, being in the territory of the Republic of Kazakhstan, learned about emergence of circumstances to fall victim of prosecutions on the basis of race, nationality, religion, nationality, belonging to certain social group or political convictions, addresses personally or by proxy on that the representative with the written petition for assignment of the status of the refugee in the place of the stay to Management of migratory service of Department of internal affairs (further - UMS DVD).

4. The petition for assignment of the status of the refugee is drawn up in form, according to appendix 1 to these rules (further - the petition). The documents proving or confirming the personality of person who is looking for shelter are attached to the petition.

5. If person declared lack at it of identity documents, the information about him registers from his words and with it the interview within one working day is conducted.

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