WHO ARE THE REFUGEES?

Refugees - persons who in the sense of the definition of the Geneva Convention relating to the status of refugees the 1951 UN and its special Protocol due to well-founded fear can become a victim of persecution on the basis of race, religion, nationality, membership of a particular social group, sexual orientation or political opinion, is outside the country of his nationality and can not enjoy the protection of this country or unwilling to use such protection owing to such fears; or, not having a nationality and being outside the country of their former usual residence as a result of such events, is unable or unwilling to return to it owing to such fears.

Basic legal documents on the status of refugees — the 1951 Convention and the 1967 Protocol. The authority of the UN system dealing with refugees — the Office of the UN high Commissioner for refugees. Assistance to refugees and internally displaced persons in armed conflict is the international Committee of the red cross

According to Article 12 of the Geneva Convention relating to the status of refugees the Personal status of a refugee is governed by the laws of the country of his domicile or, if he has no domicile, by the law of his country of residence. Previously acquired by a refugee rights related to his personal status and, in particular, rights arising from marriage, will be observed by the Contracting States in the implementation, if necessary, the formalities prescribed by the laws of this state, provided that the relevant law is one of those rights that would be recognized by the laws of this state if that person was not a refugee.

HOW TO APPLY FOR REFUGEE STATUS?

Registration of the status of refugee in Ukraine is exercised on the basis of the Rules of consideration of applications and issuance of documents required for resolving the issue of granting refugee status or person who needs additional protection, loss and deprivation of refugee status and complementary protection, and cancellation of the decision on recognition of refugee status or person who needs complementary protection, utverzhdenii the Order of the Ministry of internal Affairs of Ukraine No. 649 dated 07.09.2011 Registered at the Ministry of justice of Ukraine on 05 October 2011 No. 1146/19884.

These Rules are subordinate normative act of the law of Ukraine "On refugees and persons needing additional or temporary protection" (hereinafter - the Law).

These Rules determine the procedure of Ukraine applications and paperwork necessary for the decision on the recognition of the refugee or person in need of additional protection, loss and deprivation of refugee status and complementary protection, and cancellation of the decision on recognition of refugee status or person who needs additional protection.

A very Important concept is the "country of origin" - this is an informational report on the situation in the countries of origin of refugees and persons in need of complementary or temporary protection prepared by the Ministry of foreign Affairs of Ukraine, State migration service of Ukraine, the Office of the UN high Commissioner for refugees (hereinafter, UNHCR), national and international organizations specializing in gathering and publishing such information or reports.

The authorized official person of the territorial body of GMS, which was personally addressed to the person having intention to be a recognized refugee in Ukraine or a person in need of complementary protection, or his legal representative:

a) establishes the identity of the applicant;

b) register the applicant in the register of persons wishing to apply for refugee status or person who needs additional protection (Appendix 1) (further - the magazine of registration of persons);

C) informs the applicant of the language he/she understands, about the conditions under which a person may be recognized as refugee or person who needs additional protection, its rights and obligations and consequences of default of obligations;

g) ensure the provision to the applicant of interpreter services, including through a system of video conferencing;

d) verify the observance by the applicant under article 5 of the Law of the procedure of filing an application for recognition as a refugee or person who needs additional protection;

d) explains the place of temporary stay (residence) of the applicant (the actual address of residence in Ukraine);

e) within one working day verifies the availability of the grounds on which the applicant may be denied acceptance of the application for recognition as a refugee or person who needs additional protection.

The test is carried out, including updated information on the country of origin of the applicant at the time of application;

e) conducts the fingerprinting of the applicant;

THE APPLICATION FOR REFUGEE STATUS

In the absence of grounds for refusal in acceptance of application for refugee status or person who needs complementary protection, an authorized official of the territorial body of the State migration service of Ukraine:

a) provides the opportunity for the applicant personally or through a legal representative to make an application for refugee status or person who needs complementary protection.

In a statement for refugee status or who needs complementary protection, must contain the following information:

• surname, name (names), patronymic of the applicant,
• the data of the passport or other identity document (in case of its absence - specify the reasons why it was lost),
• nationality/citizenship country of permanent residence,
• the place and grounds (subject to availability) accommodation in Ukraine
• place, time and method of crossing the border of Ukraine,
• data on family members of the applicant,
• signature of applicant or legal representative, interpreter (if necessary),
• date of the application.

The applicant shall also provide all available documents and information necessary to substantiate the application for refugee status or requiring additional protection, or to note the reasons through which these documents and information may not be available, and indicate where such documents are or may be or who can give or confirm the relevant information.

The applicant sends the SMS to the storage of documents: national passport or other identity document of the applicant, and also documents that can be proof of the existence of the conditions for recognition as refugee or person who needs complementary protection that is issued a receipt.

On the day of receipt of the application for refugee status or person who needs complementary protection, territorial body of SMS issues to the applicant under the signature of the Certificate of application for protection in Ukraine. Certificate is issued for a period of one month

At the same time a person shall be explained the order of registration by place of temporary residence. After this you should go and register.

A PRELIMINARY REVIEW OF THE APPLICATION

During preliminary consideration of application for refugee status or person who needs complementary protection, an authorized official of the territorial body of GMS (the person who leads the case) within fifteen working days from the date of registration of the application, conducts the interview with the applicant.

In case of involvement of an interpreter to participate in the interviews, including through video conferencing, the authorized officer of the territorial authority before the interview warns the translator about the necessity of observance of conditions of confidentiality.

The results of the interview in the Protocol of the interview with the person who filed the application for recognition as refugee or person who needs complementary protection, shall be signed by that person or his legal representative, interpreter, lawyer, psychologist, teacher (if available).

The service officer prepares a written summary of the decision:

• on processing the documents for resolving the issue on recognition as a refugee or person who needs complementary protection, or
• refusal in registration of documents for solving the issue on recognition as refugee or person who needs complementary protection.

In conclusion, definitely made references to information about the country of origin of the applicant, including pages, titles of information reports, years and names of institutions or organisations that prepared it, a link to an electronic address if the report was published on the Internet, and its correlation with the content of the application and information obtained during interviews with the applicant or his legal representative. This pin should include a link to accurate, current information from multiple sources.

On the basis of a written conclusion of the authorized official of the territorial body of GMS decision on registration documents for resolving the issue regarding the recognition of refugee or person who needs additional protection, or on refusal in registration of documents for solving the issue on the recognition of refugee or person who needs additional protection, territorial body of GMS within the prescribed period takes one of the following decisions:

• on processing the documents for resolving the issue on recognition as a refugee or a person who requires additional protection;
• refusal in registration of documents for solving the issue on recognition as refugee or person who needs additional protection.

In the case of a decision on registration documents for resolving the issue on recognition as a refugee or person who needs complementary protection, territorial body of GMS extends the expiration date of the certificate on application for protection in Ukraine for six months.

In the case of a decision on refusal of registration of documents within three working days from the date of its adoption territorial body of GMS sends or gives out under the signature of the applicant or his legal representative written notice of refusal setting out the reasons for refusal and explaining the procedure of appealing of such decision.

THE APPEAL AGAINST THE DECISION ON REFUSAL IN EXECUTION OF DOCUMENTS

When you use a person of the right to appeal the authorized officer of the territorial authority LCA until a decision on the complaint leaves possession of the documents proving the identity of the applicant and other applicant documents, as is noted in the receipt and storage of documents.

The validity of the certificate of application for protection in Ukraine, the ongoing territorial body of GMS at three months. The basis for renewal of the certificate is a copy of the complaint on the decision of the territorial authority with the supporting documents of her departure or in case of appeal in court – a copy of the claim with the mark (stamp) of the court of acceptance or copy of a court order on opening of proceedings or a duly executed subpoena. The submitted documents properly attached to the personal file.

In the case of appeal against the decision in court a further three-month extension of the expiration date of the certificate on application for protection in Ukraine is carried out after receiving written information about the status of the case in court from the legal services of the territorial authority. 

PROCESSING OF DOCUMENTS FOR RESOLVING THE ISSUE ON RECOGNITION AS A REFUGEE OR PERSON WHO NEEDS EXTRA PROTECTION 

After the decision on registration documents for resolving the issue on recognition as a refugee or person who needs complementary protection, an authorized official of the territorial body (the entity that conducts the business) conducts interviews with the applicant or his legal representative to identify additional information necessary to assess the reliability of the facts reported by the applicant or his legal representative when applying. 

The authorized officer shall also provide in the prescribed manner to the bodies of the security Service of Ukraine, the corresponding request for verification of circumstances by which the applicant could not be recognized as refugee or person who needs complementary protection 

• committed a crime against peace, a war crime or a crime against humanity as defined in international law;
• committed non-political crime outside Ukraine before arrival in Ukraine with the aim to be a recognised refugee or person who needs complementary protection, if the act under the Criminal code of Ukraine refers to a grave or especially grave crimes;
• which he has been guilty of acts contrary to the purposes and principles of the United Nations;
• in respect of which it is established that the conditions stipulated by paragraphs 1 or 13 of article 1 of this Law do not exist;
• that prior to arrival in Ukraine had been recognized in another country as refugee or person who needs additional protection;

that prior to arrival in Ukraine with the intention of being a recognised refugee or person who needs complementary protection, stayed in a third safe country. The effect of this paragraph does not apply to children separated from families, and persons who were born or permanently resided on the territory of Ukraine, as well as their descendants (children, grandchildren). 

In case of doubt about the accuracy of the information submitted by the applicant, the need to establish the reliability and validity of the submitted documents in the prescribed manner treats relevant requests to the authorities of the security Service of Ukraine, other bodies of state power, bodies of local self-government and associations of citizens, which can contribute to the establishment of the authenticity of the facts concerning the person whose Declaration is seen. 

In the prescribed manner and directs the applicant to a medical examination appropriate direction. 

Prepares a written conclusion on recognition or refusal of recognition as refugee or person who needs additional protection. 

The conclusion drawn by the results of the assessment of the application for recognition as a refugee or person who needs additional protection, a comprehensive and systematic study of documents available in the personal file of the applicant, and verification of the facts reported by the applicant or his legal representative. 

The information and circumstances specified in the application for recognition as refugee or person who needs additional protection, and that are not supported by documents or other evidence may be considered in the preparation of the conclusion provided that the Complainant's allegations regarding the circumstances specified in the application are consistent and plausible, the information provided is not contrary to known information relevant to the applicant's case and established the General plausibility of the statement. 

Review of application is done on an individual basis and includes consideration of the available information about: 

• all relevant facts concerning the country of origin at the time of adoption of the decision on the application, including laws and other normative legal acts of the country of origin of the applicant and the manner of their application; 
• the appropriate approvals and documents submitted by the applicant, including information that the applicant has been or may become the object of persecution or serious harm; 
• personal details and circumstances of the applicant, including information that the applicant has been or could be subject to prosecution, or it can be severely damaged. 

The fact that the Complainant had already been the object of persecution, or he was severely damaged, the presence of direct threats of such persecution or such harm is an important indicator of well-founded fear the applicant becoming a victim of persecution or real risk of serious harm.

In conclusion, definitely made references to information about the country of origin of the applicant, including pages, titles of information reports, years and names of institutions or organisations that prepared it, a link to an electronic address if the report was published on the Internet, and its correlation with the content of the application and information obtained during the interview with the applicant.

In conclusion sets out the reasonable proposal of the territorial body of GMS decision on the application.

STATE MIGRATION SERVICE OF UKRAINE

A private matter is directed to the State migration service of Ukraine with written opinion of the territorial authority.

During the month carried out a comprehensive study and evaluation of all documents and materials that may be evidence of the terms and conditions for recognition as refugee or person who needs complementary protection.

The results within one month from the date of receipt of the personal file of the applicant and the written conclusion of the territorial body of GMS who heard the statement, GMS takes a decision on recognition of refugee or person who needs complementary protection (about refusal in recognition as a refugee or person who needs complementary protection). Period this decision may be extended by order of the GMS, but not more than three months.

In case if in accordance with court decision, which gained legal force, GMS must take a decision on the recognition of refugee status or person who needs complementary protection, or re-consider the application of a person for recognition as a refugee or person who needs complementary protection, the decision is taken by GMS within seven working days from the date of receipt of such decision of the court.

And if You are willing to go through all these ways, then you are welcome, we will help You to do this.

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