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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

(as amended on 24-06-2021)

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 "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. For receipt of the status of the refugee physical 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, nationalities, religions, nationality, belonging to certain social group or political convictions, submits personally or by proxy on that the representative to territorial subdivision of authorized body - Management of migratory service of Departments of police of the cities of Nour-Sultan, Almaty, Shymkent and areas (further - UMS) the written petition for assignment of the status of the refugee in form, according to appendix 2 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; the documents and materials confirming justification of the petition (in the presence).

4. No. 365 is excluded according to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of 24.06.2021

5. The authorized body in day of receipt of the petition performs its acceptance, logging of registration of persons who are looking for shelter in form according to appendix 3 to these rules. The chief of UMS determines the executive in charge of division.

6. The employee of UMS in case of acceptance of the petition acquaints person with its rights and to obligations provided by the Law of the Republic of Kazakhstan "About refugees" (further - the Law).

7. In day of registration of the petition for assignment of the status of the refugee in the Republic of Kazakhstan to person who is looking for shelter the certificate of person who is looking for shelter in the Republic of Kazakhstan in the form approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 9, 2014 No. 328 "About approval of sample of the certificate of person who is looking for shelter" is granted (No. registered in the Register of state registration of regulatory legal acts 9592) and is made its registration for a period of up to decision making according to its petition.

The certificate is granted to the foreigners, stateless persons which reached age of eighteen years for a period of three months, signed by the head of UMS and certified by seal.

Information about the family members who did not reach eighteen years is entered in the certificate of person who is looking for shelter, one of parents or legal representatives.

To the person who is looking for shelter, did not reach eighteen years and arrived to the territory of the Republic of Kazakhstan without parents or legal representatives the certificate of person who is looking for shelter is granted.

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