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Detention of an Asylum Seeker Guideline for asylum seekers in Latvia 1 GUIDELINE FOR ASYLUM SEEKERS IN LATVIA EUROPEAN UNION Asylum, Migration and Integration Fund 2 Guideline for asylum seekers in Latvia Guideline for asylum seekers in Latvia 1 CONTENTS: 2 Requesting for asylum in Latvia 28 Support of the social worker and social mentor 4 After requesting for asylum 30 The Interview 7 Rights of an asylum seeker 32 Examination of the application for asylum 10 Obligations of an asylum seeker 34 Procedure for appealing a decision 13 Accommodation of an asylum seeker 39 State ensured legal aid 20 Detention of an asylum seeker 40 Procedure for requesting for the State ensured legal aid 22 Accommodation of a detained asylum seeker 42 After acquisition of the status 24 Education 44 Final negative decision 26 Medicine 45 Useful contacts Place of residence outside of the Centre Notes 27 for Asylum Seekers 47 Abbreviations: OCMA Office of Citizenship and Migration Affairs This booklet is prepared within the framework of the project No. PMLP/PMIF/2016/1 Border Guard State Border Guard “Support measures for persons in need of international protection, reception and Centre Centre for Asylum Seekers accommodation in Latvia” of the Asylum, Migration and Integration Fund (2014 - EU European Union 2020) implemented by the Office of Citizenship and Migration Affairs. Prepared by Due Ltd SSIA State Social Insurance Agency 2 Guideline for asylum seekers in Latvia Guideline for asylum seekers in Latvia 3 La t v REQUESTING FOR ASYLUM RIGA i a IN LATVIA You may express a wish to receive asylum in Latvia and to submit an application You may express Remember: by personally turning to the Border Guard: a wish to receive asylum in after the submission of the 1 ● at the State border crossing places; Latvia in a written or oral application your asylum procedure ● in the transit area of an airport; form in the language you in Latvia will be commenced – you ● if you already are in Latvia, at the closest territorial unit of the Border Guard. understand and are able will be an asylum seeker until the to communicate in. Border day when the final decision will be guards will execute your made during the examining of your If you are an unaccompanied minor These authorities will orally expressed wish application – to grant or to refuse Besides, you have contact with the Border in a written form. (without parents or adult at the at the at the place of the asylum. the right to express 2 3 4 Guard within three work- relatives), the State will appoint OCMA State Police imprisonment your wish to receive 3 days, so that you could a guardian for you. workdays asylum in Latvia also submit an application. 4 Guideline for asylum seekers in Latvia Guideline for asylum seekers in Latvia 5 AFTER REQUESTING The Border Guard will perform ne- The information provided by you gotiations with you in order to obtain FOR ASYLUM will be recorded by audio or video information about your individual technological means, regarding If you are not detained, situation and circumstances. Informa- which you will be informed a personal document of an asylum tion provided by you will be recorded seeker will be issued to you. in the minutes (the written record). separately. Your fingerprints will be taken, which is an integral part to perform inspection of your of the asylum procedure. ● ! possessions; ● to determine expert-examina- tions and inspections of docu- ! ● to seize objects and documents Your personal identity and ments, your belongings, language A personal document of an asylum Remember if they may have a significance in travel documents have to be deliv- that border guards have the rights: knowledge and medical condition, seeker will give you the right to stay examination of the application or if ered to the Border Guard until the and other expert examinations in Latvia - you cannot travel to other they may pose a threat to the asylum day when the final decision regard- and inspections; countries with it. Your exit from Lat- seeker or those around him/her; ing asylum is made - except for the via during this period of time may be if you are an unaccompanied minor case when you have any other legal ● considered as a wish to revoke your asylum seeker, to perform inspection grounds to stay in Latvia, for exam- application and your asylum proce- of your possessions in the presence of ple, a valid visa or a residence permit. dure in Latvia may be terminated. your representative; ● to take a photograph of you. 6 Guideline for asylum seekers in Latvia Guideline for asylum seekers in Latvia 7 In order to determine the responsible Member State, several circumstances of your case will be considered, RIGHTS OF AN ASYLUM SEEKER such as, whether you have any family members in any of the EU Member States, whether you have already The Border Guard will send requested for asylum in any other If it will be acknowledged that Latvia the information provided by you to EU Member State or stayed there, or is responsible for examining your the OCMA and it will assess, which whether any EU Member State has application, the OCMA will continue of the EU Member States will be issued a residence permit or a visa to the asylum procedure. responsible for examining you, the route of your trip after depar- i When communicating in a written To receive information about If you have a personal document your application. If it will be ture from the country of origin etc. or oral form with authorities the progress of your asylum procedure. of an asylum seeker and you have determined that any other EU involved in the asylum procedure To receive an explanation of the de- not received the decision of the Member State is responsible for you can use a language which you cision made in your case, procedures OCMA regarding granting or refu- examining your application, you understand or which can be to appeal it and of the conditions for sing to grant refugee or alternative will be transferred to the relevant reasonably supposed to be assigning State ensured legal aid in status within a time period of six Member State. In accordance with understandable for you. You may language you understand - except the months, you have the right to be the legal acts of the EU, only submit documents, regarding case when you have a representative employed in Latvia until the day one EU Member State will review your application and/or the claim or legal aid is already being ensured. when the final decision in your case your application. i submitted to the court (if needed a will come into force. In order to com- translation will be provided). mence labour relations, you have to You will receive more detailed To receive State ensured legal aid turn to the Border Guard to include a information about the criteria for in certain amount during the proce- notice of the rights for employment determination of the responsible dure for appealing. To invite a per- in your personal document of an Member State at the moment of re- son for the receipt of legal aid using asylum seeker. questing for asylum from your own funds at any stage of the the Border Guard. asylum procedure. 8 Guideline for asylum seekers in Latvia Guideline for asylum seekers in Latvia 9 RIGHTS OF AN ASYLUM SEEKER You or your representative have the right to get acquainted with the ! information contained in your file, except cases when disclosure of such To receive medical assistance During the asylum procedure the The following person may be in a certain amount. officials will pay attention to your considered as an asylum seeker, special needs, however, you also having special procedural or recep- have the right to inform about them. tion needs, for example: ● a minor; may prejudice the may prejudice the safety of may affect the investi- ● a person with disability; national interests of the persons who provide gatory activities of the If the Border Guard or the OCMA has ● a victim of human trafficking; Latvia information or the safety of institutions involved in established that you have special ● a person being in need of the persons to whom the the asylum procedure, procedural or reception needs, special care; information relates which are connected you will have the right to receive ● a person who has suffered with the examination of suitable and proper support for from violence. the application exercising your rights and fulfilment To communicate with relatives, the of obligations throughout the asylum United Nations High Commissioner procedure. for Refugees (UNHCR) or other organizations, providing legal or other type of advices to asylum seekers. 10 Guideline for asylum seekers in Latvia Guideline for asylum seekers in Latvia 11 OBLIGATIONS OF AN ASYLUM SEEKER To participate in negotiations and To perform health examination in the interview, to answer personally the interests of public health - the questions asked and, as soon as mandatory pulmonary radiography possible, provide all information* for diagnostics of tuberculosis and, if necessary to examine the applica- necessary, also to diagnose infection tion and take a decision - also in the diseases. case if your representative is partic- ipating in the negotiations and the interview (the obligation to provide all information as soon as possible also applies to the representative) *for example, To co-operate with institutions in- To give fingerprints ● regarding the documents volved in the asylum procedure - if you are at least 14 years old. being at your disposal; for example, the Border Guard, in ● about your identity; order to be able to take your finger- ● family members; prints, identify and photograph you; previous activities and with the OCMA, in order to provide ● previous achievements; all information being at your dispos- al, which is required for examination ● regarding the reasons why the of the application.
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