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RESOLUTION OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF BELARUS

of June 22, 2017 No. 173

About the status of the refugee, additional protection and shelter in the Republic of Belarus

(as amended of the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of 10.08.2021 No. 229)

Based on paragraphs of the fifth and ninth of part one of article 10 of the Law of the Republic of Belarus of June 23, 2008 No. 354-Z "About provision to foreign citizens and stateless persons of the status of the refugee, additional protection, shelter and temporary protection in the Republic of Belarus" and subitem 9.4 of Item 9 of the Regulations on the Ministry of Internal Affairs of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 4, 2007 No. 611, the Ministry of Internal Affairs of the Republic of Belarus DECIDES:

1. Approve the Instruction about procedure for the organization of work on provision of the status of the refugee, additional protection and shelter in the Republic of Belarus it (is applied).

2. This resolution becomes effective after its official publication.

Minister militia lieutenant general

I. A. Shunevich

It is approved

Chairman of the State boundary committee of the Republic of Belarus major general

June 1, 2017

 

A.P.Lappo

It is approved

Minister of Education of the Republic of Belarus

June 6, 2017

 

I. V. Karpenko

It is approved

Chairman of Committee for State Security of the Republic of Belarus lieutenant general

June 6, 2017

 

V.P.Vakulchik

It is approved

Chairman of the State committee of judicial examinations of the Republic of Belarus major general of justice

June 7, 2017

 

A.I.Shved

It is approved

Minister of Health of the Republic of Belarus

June 12, 2017

 

V. A. Malashko

It is approved

First Deputy Minister of Foreign Affairs of the Republic of Belarus

June 13, 2017

 

 

A. A. Evdochenko

 

Approved by the Resolution of the Ministry of Internal Affairs of the Republic of Belarus of June 22, 2017 No. 173

The instruction about procedure for the organization of work on provision of the status of the refugee, additional protection and shelter in the Republic of Belarus

Chapter 1. General provisions

1. This Instruction determines procedure for the organization of work by consideration of the petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - the petition for protection), statements for prolongation of term of provision of additional protection in the Republic of Belarus (further - the statement for prolongation of additional protection), statements for assistance in reunion of family of the foreign citizen or the stateless person (further - the foreigner) to which the status of the refugee, additional protection or shelter in the Republic of Belarus is provided, in case of decision making about loss, cancellation of the status of the refugee or additional protection in the Republic of Belarus and preparation of offers on need of decision making about loss or about deprivation of shelter in the Republic of Belarus, and also determines blank forms of the certificate on provision of additional protection in the Republic of Belarus (further - the certificate on additional protection) and registration certificates of the petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - the registration certificate of the petition), establishes procedure for the organization of work on their issue, accounting, withdrawal and storage.

Chapter 2. The address with the petition for protection

2. The foreigner, and also the members of his family (except for foreigners, not reached age of eighteen years, which did not acquire capacity to act in full according to the legislation of the Republic of Belarus) who showed willingness to petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further – the foreigners who showed willingness to petition for protection) shall personally or by proxy the representative address with the written petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus in form according to appendix 1 according to article 31 of the Law of the Republic of Belarus "About provision to foreign citizens and stateless persons of the status of the refugee, additional protection, shelter and temporary protection in the Republic of Belarus" (further, unless otherwise specified, – The law on refugees) in division on nationality and migration of Main Department of Internal Affairs of the Minsk city executive committee, the Departments of Internal Affairs of regional executive committees (further – division on nationality and migration), in body of the border service, in law-enforcement body, to administration of organization of criminal executive system of the Ministry of Internal Affairs in which it contains, in body of inquiry.

3. The petition for protection of the foreigner staying in the territory of the area (Minsk) is accepted by division on the nationality and migration located in the territory of this area (Minsk).

4. The petition for protection of the foreigner detained by body of the border service for illegal crossing of Frontier of the Republic of Belarus or abuse of regulations of stay in the Republic of Belarus or rules of transit (transit) through the territory of the Republic of Belarus (further – illegal stay in the territory of the Republic of Belarus), is accepted by the body of the border service which detained the specified foreigner.

The petition for protection of the foreigner who is in the check point through Frontier of the Republic of Belarus (further – the check point) and not having reasons for the omission through Frontier of the Republic of Belarus due to the lack of the valid documents provided by acts of the legislation and international treaties of the Republic of Belarus for entry into the Republic of Belarus, is accepted by body of the border service which division exercises border control at this check point.

In case of the appeal to body of the border service of the foreigner who showed willingness to petition for protection and having legal causes for stay in the territory of the Republic of Belarus, the specified body explains to this foreigner its right to the address with the petition for protection to division on nationality and migration in the place of its stay in the Republic of Belarus.

5. The petition for protection of the foreigner detained by law-enforcement body for illegal stay in the territory of the Republic of Belarus or for the purpose of ensuring execution of the decision on expulsion from the Republic of Belarus forcibly or administrative punishment in the form of deportation is accepted by division on nationality and migration of law-enforcement body in the territory of which the specified foreigner is detained.

In case of the appeal to law-enforcement body of the foreigner who showed willingness to petition for protection and having legal causes for stay in the territory of the Republic of Belarus, the specified body explains to this foreigner its right to the address with the petition for protection to division on nationality and migration in the place of its stay in the Republic of Belarus.

6. Administration of organization of criminal executive system of the Ministry of Internal Affairs which contains the foreigner, the detainee or to which the measure of restraint in the form of detention, house arrest based on the decision on execution of request of body of foreign state, competent to make decisions concerning rendering the international legal assistance on criminal cases (further – request of body of foreign state), or in connection with stay in the international search for the purpose of issue and shown willingness to petition for protection provision is applied, or body of inquiry without delay in writing notifies the relevant division on nationality and migration and the Prosecutor General's Office on this foreigner and allows representatives of divisions on nationality and migration with the permission of the Prosecutor General's Office to this foreigner.

The petition for protection of the foreigner, the detainee or to which the measure of restraint in the form of detention, house arrest based on the decision on execution of request of body of foreign state or in connection with stay in the international search for the purpose of issue is applied is accepted by division on nationality and migration in the territory of which this foreigner contains.

7. The body of the border service or law-enforcement body without delay in writing notifies the relevant division on nationality and migration on the foreigner who did not reach age of eighteen years which did not acquire capacity to act in full according to the legislation and arrived to the Republic of Belarus without legal representatives (further – the unaccompanied foreigner), detained by body of the border service for illegal crossing of Frontier of the Republic of Belarus or illegal stay in the territory of the Republic of Belarus or law-enforcement body for illegal stay in the territory of the Republic of Belarus and showed willingness to petition for protection and also transfers under the delivery-acceptance certificate of the foreign citizen or stateless person who addressed with the petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further – the delivery-acceptance certificate), in form according to appendix 2 detainees of the unaccompanied foreigner to the specified division.

The body of the border service without delay in writing notifies the relevant division on nationality and migration on the unaccompanied foreigner who is in the check point and not having the reasons for the omission through Frontier of the Republic of Belarus due to the lack of the valid documents provided by acts of the legislation and international treaties of the Republic of Belarus for entry into the Republic of Belarus, showed willingness to petition for protection and also transfers under the delivery-acceptance certificate of the detained unaccompanied foreigner to the specified division.

The division on nationality and migration in case of the address of the unaccompanied foreigner who showed willingness to petition for protection and also by transfer of the unaccompanied foreigner according to parts one and the second this Item without delay in writing informs on such foreigner guardianship and custody body in the location of this foreigner, within three hours draws up the statement of detection of the thrown child, without delay directs the specified act and the unaccompanied foreigner who showed willingness to petition for protection, to the specified guardianship and custody body if other is not determined by parts four and heel of this Item.

The division on nationality and migration in case of doubts in achievement of age of eighteen years by the unaccompanied foreigner who showed willingness to petition for protection, not having the document for trip abroad or showed the false or forgery document for trip abroad can place in the procedure for such foreigner established by the legislation for the term of carrying out identification of the personality in the receiver distributor for minors.

With the consent of guardianship and custody body the division on nationality and migration can place the unaccompanied foreigner who reached the age of sixteen years which showed willingness to petition for protection, in Item of the temporary settlement or the place of the temporary settlement.

8. If the foreigner who showed willingness to petition for protection does not own sufficiently any of state languages of the Republic of Belarus, and in the bodies accepting the petition for protection there is no employee knowing the language clear to this foreigner, the specified bodies provide provision to this foreigner of translation service.

9. In case of the address of the foreigner who showed willingness to petition for protection by proxy by it the representative the document confirming impossibility of the personal address of this foreigner (in the presence) and the power of attorney which is drawn up in accordance with the established procedure confirming powers of the representative shall be attached to the petition for protection.

The corporal appearance of the foreigner petitioning for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further – the foreigner petitioning for protection), in division on nationality and migration is necessary for consideration of the petition for protection submitted the authorized representative of the foreigner if other is not determined by part three of this Item.

Consideration of the petition for protection of the foreigner who for health reasons within a month after submission of the petition for protection cannot arrive to division on nationality and migration for holding interview, the foreigner concerning whom dispatch or deportation to the state of civil accessory or the former regular residence in connection with its address with the petition for protection is suspended and which contains in the center of isolation of offenders or temporary detention center of law-enforcement bodies, the foreigner, the detainee or to which the measure of restraint in the form of detention is applied of house arrest based on the decision on execution of request of body of foreign state or in connection with stay in the international search for the purpose of issue, the foreigner serving in the Republic of Belarus sentence in the form of arrest or imprisonment for certain term is carried out according to the procedure, established by this Instruction.

10. At the request of the foreigner who showed willingness to petition for protection, the petition for protection can be completed by the employee of the body accepting this petition or the translator with obligatory putting down of the sign manual of such foreigner after its acquaintance with the text of the petition for protection in the original or translated options if other is not determined by part two of this Item.

If the foreigner who showed willingness to petition for protection owing to physical defects, disease or illiteracy cannot undersign with own hand for the petition for protection, at its request in the presence of it and the employee of the body accepting the petition for protection, it can be signed by other person. In that case in the petition for protection the reason for which it cannot be signed by this foreigner with own hand, and also data of the identity document, and residence address of person which signed the petition for protection is specified.

11. In case of the address of the representative of guardianship and custody body with the petition for protection against name of the unaccompanied foreigner the power of attorney confirming powers of the representative of guardianship and custody body on representation of interests of the unaccompanied foreigner shall be attached to the specified petition (further - the authorized representative of guardianship and custody body).

The petition for protection submitted on behalf of the unaccompanied foreigner is signed by the authorized representative of guardianship and custody body.

The corporal appearance of the unaccompanied foreigner petitioning for protection and his guardian or the custodian or the authorized representative of guardianship and custody body in division on nationality and migration is necessary for consideration of the petition for protection submitted the authorized representative of guardianship and custody body if other is not determined by part three of Item 9 of this Instruction.

12. The foreigner petitioning for protection represents (in the presence):

documents for trip abroad;

other documents allowing to establish or confirm his personality;

visas;

the travel documents confirming movement route from the state of civil accessory or the former regular residence to the Republic of Belarus;

the documents confirming terms of stay in transit States;

residences permits in other states;

other documents, materials and data important by consideration of the petition for protection.

13. If at the foreigner who showed willingness to petition for protection are absent the document for trip abroad and other documents allowing to establish or confirm his personality, the petition for protection is filled in according to this foreigner.

14. The division on nationality and migration which accepted the petition for protection:

explains to the foreigner petitioning for protection, its rights and obligation, procedure for consideration of the petition for protection;

suggests the foreigner petitioning for protection to give written consent in form according to appendix 3 on acquaintance of staff of Management of the High Commissioner of the United Nations for refugees (further - UVKB UN) with the documents, materials and data provided by the foreigner during consideration of its petition for protection and for transfer to UVKB UN of its personal data (further - consent to informing UVKB UN);

fills in the questionnaire of the foreign citizen or stateless person petitioning for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - the questionnaire of the foreigner petitioning for protection), in form according to appendix 4;

makes copies of the documents and materials specified in Item 12 of this Instruction;

enters data on the foreigner petitioning for protection in register of the foreign citizens or stateless persons petitioning for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - register of the foreigners petitioning for protection), in form according to appendix 5;

performs information input about the foreigner petitioning for protection in the automated system of accounting of the foreign citizens and stateless persons petitioning for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus and foreign citizens and stateless persons to which are provided the status of the refugee, additional protection or shelter in the Republic of Belarus, "Refugees" (further - AS "Refugees");

issues to the foreigner petitioning for protection, except for the foreigners specified in parts three of Item 36 and part three of Item 46 of this Instruction, the certificate of the address with the petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - the certificate of the address with the petition for protection) in form according to appendix 6 by effective period fourteen days from the date of its issue, and for foreigners who are subject to identification of the personality, - one month from the date of its issue. In the certificate of the address with the petition for protection date and time of appearance of this foreigner in division on nationality and migration for identification of the personality or the direction in division on nationality and migration according to distribution quotas of registration of petitions for protection (further - distribution quotas of registration of petitions) or holding interview are specified. The copy of this reference with the signature of the foreigner who received it joins the petition for protection;

gives the information message to the foreign citizen or the person without citizenship petitioning for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus (further - the information message to the foreigner petitioning for protection), in form according to appendix 7. Mark about date of issue of the specified information message and the signature of the foreigner who received it are put down on the last page of the questionnaire of the foreigner petitioning for protection.

15. The body of the border service which accepted the petition for protection of the foreigner detained for illegal crossing of Frontier or illegal stay in the territory of the Republic of Belarus and who showed willingness to petition for protection:

performs check of the foreigner petitioning for protection, finds out route of its movement from the state of civil accessory or the former regular residence to the Republic of Belarus;

conducts trial during which finds out the reasons and circumstances of illegal crossing of Frontier of the Republic of Belarus or illegal stay in the territory of the Republic of Belarus of the foreigner petitioning for protection and makes the decision on release or involvement of the specified foreigner to responsibility for illegal crossing of Frontier of the Republic of Belarus or illegal stay in the territory of the Republic of Belarus according to legal acts;

explains to the foreigner petitioning for protection, its rights and obligation, procedure for consideration of the petition for protection;

suggests the foreigner petitioning for protection to give the written consent to informing UVKB UN;

fills in the questionnaire of the foreigner petitioning for protection;

makes copies of the documents and materials specified in Item 12 of this Instruction;

performs information input about the foreigner petitioning for protection, assorted "Refugees";

transfers to the relevant division on nationality and migration within three days the petition for protection, the questionnaire of the foreigner petitioning for protection, information on results of trial and the made decision on release or involvement of the foreigner petitioning for protection to responsibility for illegal crossing of Frontier of the Republic of Belarus or illegal stay in the territory of the Republic of Belarus, the copy of the documents and materials provided by this foreigner (further – materials according to the petition);

transfers under the delivery-acceptance certificate of the foreigner petitioning for protection (except for foreigners concerning whom the body of the border service which performed their detention issues the decree on imposing of administrative punishment in the form of deportation for illegal crossing of Frontier of the Republic of Belarus or illegal stay in the territory of the Republic of Belarus and placed according to the procedure, established by the legislation, to the center of isolation of offenders or temporary detention center of law-enforcement bodies), to the relevant division on nationality and migration.

16. The body of the border service which accepted the petition for protection of the foreigner who is in the check point and not having the reasons for the omission through Frontier of the Republic of Belarus due to the lack of the valid documents provided by acts of the legislation and international treaties of the Republic of Belarus for the entry into the Republic of Belarus which showed willingness to petition for protection:

performs check of the foreigner petitioning for protection, finds out route of its movement from the state of civil accessory or the former regular residence to the Republic of Belarus;

explains to the foreigner petitioning for protection, its rights and obligation, procedure for consideration of the petition for protection;

suggests the foreigner petitioning for protection to give the written consent to informing UVKB UN;

fills in the questionnaire of the foreigner petitioning for protection;

makes copies of the documents and materials specified in Item 12 of this Instruction;

performs information input about the foreigner petitioning for protection, assorted "Refugees";

performs in the procedure established by legal acts the omission through Frontier of the Republic of Belarus of the foreigner petitioning for protection;

transfers under the delivery-acceptance certificate of the foreigner petitioning for protection and materials according to the petition to law-enforcement body in the territory of which servicing there is the specified body of the border service.

17. Division on nationality and migration of territorial authority of internal affairs to which the body of the border service transfers the foreigner who is petitioning for protection and not having the valid documents provided by acts of the legislation and international treaties of the Republic of Belarus for entry into the Republic of Belarus, and materials according to the petition:

without delay in writing notifies the relevant division on nationality and migration on this foreigner petitioning for protection;

performs verifications of presence of information about the foreigner petitioning for protection on the accounting specified in Item 21 of this Instruction;

directs or in case of need will organize delivery of the foreigner petitioning for protection in the relevant division on nationality and migration;

transfers within three days materials according to the petition to the relevant division on nationality and migration.

18. The division on nationality and migration of territorial authority of internal affairs which accepted the petition for protection of the foreigner detained for illegal stay in the territory of the Republic of Belarus or for the purpose of ensuring execution of the decision on expulsion from the Republic of Belarus forcibly or administrative punishment in the form of deportation and who showed willingness to petition for protection:

without delay in writing notifies the relevant division on nationality and migration on the accepted petition for protection and the place of content of the foreigner petitioning for protection;

conducts trial during which finds out the reasons and circumstances of illegal stay in the territory of the Republic of Belarus of the foreigner petitioning for protection and prepares materials for decision making about release or involvement of the specified foreigner to responsibility for illegal stay in the territory of the Republic of Belarus according to legal acts;

explains to the foreigner petitioning for protection, its rights and obligation, procedure for consideration of the petition for protection;

suggests the foreigner petitioning for protection to give the written consent to informing UVKB UN;

fills in the questionnaire of the foreigner petitioning for protection;

makes copies of the documents and materials specified in Item 12 of this Instruction;

transfers within three days materials according to the petition to the relevant division on nationality and migration;

provides conditions for carrying out the relevant division by the employee on nationality and migration of interview with the foreigner petitioning for protection;

transfers in the procedure for the foreigner petitioning for protection, to the relevant division on nationality and migration established by the legislation if other is not determined by the legislation.

19. The division on nationality and migration which accepted materials according to the petition from division on nationality and migration of territorial authority of internal affairs within three working days performs information input about the foreigner petitioning for protection, assorted "Refugees".

20. The division on nationality and migration which accepted materials according to the petition from body of the border service or division for nationality and migration of territorial authority of internal affairs:

enters data on the foreigner petitioning for protection in register of the foreigners petitioning for protection;

issues to the foreigner petitioning for protection, except for the foreigners specified in parts three of Item 36 and part three of Item 46 of this Instruction, the certificate of the address with the petition for protection by effective period fourteen days from the date of its issue, and for foreigners who are subject to identification of the personality, - one month from the date of its issue. In the certificate of the address with the petition for protection date and time of appearance of this foreigner in division on nationality and migration for identification of the personality or the direction in division on nationality and migration according to distribution quotas of registration of petitions or holding interview are specified. The copy of this reference with the signature of the foreigner who received it joins materials according to the petition;

gives the information message to the foreigner petitioning for protection. Mark about date of issue of the specified information message and the signature of the foreigner who received it are put down on the last page of the questionnaire of the foreigner petitioning for protection.

21. The division on nationality and migration which accepted the petition for protection or accepted materials according to the petition from body of the border service or division for nationality and migration of territorial authority of internal affairs performs verifications of presence of information about the foreigner petitioning for protection on the following accounting:

EXPERT "Refugees";

to the automated Passport system;

to single national bank of data on offenses;

To the list of persons whose entry into the Republic of Belarus is prohibited or undesirable;

to the database of the automated system of border control about the citizens of the Republic of Belarus, foreign citizens and stateless persons crossing Frontier of the Republic of Belarus at check points through Frontier of the Republic of Belarus;

to the automated Consul system;

to the Searched Persons and Kidnapped Persons, the Lost Documents databases of the General Secretariat of the Interpol;

to the automated information system "FR-notification";

to accounting of divisions on nationality and migration.

Information on results of verifications of presence of information about the foreigner petitioning for protection on the accounting specified in part one of this Item joins division on nationality and migration materials according to the petition.

22. The foreigner who is petitioning for protection and not having possibility of the independent settlement addresses in form according to appendix 8 to division on nationality and migration which accepted its petition for protection.

The division on nationality and migration in day of receipt of the address issues to the foreigner, except for the foreigner petitioning for protection and sent to other division on nationality and migration determined by Department by nationality and migration of the Ministry of Internal Affairs (further – Department) according to distribution quotas of registration of petitions, the direction on the temporary settlement in form according to appendix 9 by effective period three calendar days from the date of its issue. The copy of the direction on the temporary settlement with the signature of the foreigner who received it joins materials according to the petition.

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