INFORMATION FOR PERSONS WHO WISH TO SEEK ASYLUM IN THE RUSSIAN FEDERATION "Everyone has the right to seek and to enjoy in other countries asylum from persecution". Article 14 Universal Declaration of Human Rights I. Who is a refugee? Temporary asylum? According to the Russian legislation and the 1951 UN Convention Relating to the Status of Refugees, a refugee is defined as someone outside of his/her country of origin who is unable to return there because of persecution on account of his race, religion, nationality, membership in a particular social group or political opinion. If you consider yourself to be a refugee, you should approach the Russian migration authorities to apply for refugee status in the Russian Federation. If you do not meet the refugee definition but cannot return to your country of origin due to war, generalized violence or for other humanitarian reasons (e.g. serious health issues), you have the right to apply for temporary asylum (TA). II. Where do I apply for refugee status? Both refugee status applications and applications for temporary asylum must be submitted to the territorial branch of the Migration Department of Ministry of Interior (MOI) of the Russian Federation at your place of residence. (contact information is provided in Annex 1). If your freedom of movement is restricted and you are unable to visit the MOI Migration Directorate in person, you can submit your asylum application through the detention center administration, or through your legal representative (e.g. a lawyer). III. Refugee status and TA Asylum application procedure Your asylum application and application for temporary asylum (TA) must be accepted regardless of your legal status in the Russian Federation or your ability to present identity documents. If you do not have identity documents, you must go through a procedure for establishing your identity. If at the time of your application you cannot demonstrate a legal basis for staying in the RF (visa/migration record/other), you may be subjected to administrative penalty in accordance with Russian law. If you do not speak Russian, you have the right to a free of charge professional interpreter. Refugee status (RS) Once you submit your application, the territorial branch of the MOI is supposed to issue you an Asylum-seekers certificate. Then your fingerprints will be taken and you will be interviewed. The MOI Migration Directorate of is supposed to review your asylum application within 5 days and decide whether to further consider your claim – this stage is called "consideration on the merits." Following this review, you will be either issues an "Asylum-Seeker Certificate of Consideration on the Merits" or a rejection decision stating that your claim will not be considered further. Consideration on the merits involves additional interviews to understand the reasons why you left your country and why you are afraid to return, as well as all other circumstances of your case, including any documentary evidence and information about the situation in your country of origin. "Asylum-Seeker Certificate of Consideration on the Merits" is valid for three months, and within this time period, a decision should be reached on your case. Exceptionally, the processing time may be extended for another 3 months, in which case the asylum-seeker’s certificate will be extended. This certificate also serves as an identity document and proof of your legal stay in Russia. While your asylum application is being assessed, you are protected against forced return to your country of origin. Any attempt to expel or deport you during this time would be a serious violation of the Russian legislation and the 1951 Convention. After your claim is reviewed, a decision will be made to either recognize you as a refugee or to reject your application. If you are recognized as a refugee, you will be issued a Refugee Certificate. Refugee status is not time-limited, but you must approach the MOI Migration Department territorial branch every year to re-register. Temporary Asylum (TA) You may submit an application for temporary asylum either before or after applying for refugee status. The temporary asylum (TA) process also involves finger prints and an interview. When your TA application is accepted, you are issued a Temporary Asylum-seeker Certificate, valid for three months, or your Asylum-seeker Certificate of Consideration on the Merits is extended, if you had previously applied for refugee status. Both documents serve as evidence of your lawful stay in Russia. Once your case is reviewed, a decision will be taken to either grant you TA or to reject your application. If you are granted temporary asylum, you will be issued a Temporary Asylum Certificate, which will be your identity document. TA is granted for 1 (one) year. You have the right to apply for TA extension. The application must be submitted no later than 1 (one) month before the expiration date. If you do not apply within this timeframe, you will lose your status. To receive a Refugee Certificate or a Temporary Asylum certificate you must take a mandatory medical examination. Recognized refugees and TA holders are protected from forcible return to their home country. IV. Procedure for appealing refugee status rejection If you were denied consideration on the merits, or your application for refugee status or TA was rejected, you will be notified about the decision. You also have the right to receive a detailed written explanation of the reasons for rejection, which you can use to appeal to the higher administrative body - the Main Directorate for Migration Affairs of the MOI (GUVM MOI of Russia) - or to the court. The appeal must be submitted within one month of the receipt of the rejection notice. Asylum-Seeker Certificate of Consideration on the Merits and Temporary Asylum-seeker Certificate may be extended during the period of appeal. To extend these documents, you must present proof that your appeal was submitted. If you miss the deadline for appeal, your presence in Russia will be considered illegal, and you may be fined, detained or deported/expelled. If at any stage of the appeal process a decision is made in your favour, your case will be returned to the territorial Migration Department of the MOI for reconsideration. V. Rights of asylum seekers (refugee status and temporary asylum status) Your rights and obligations are outlined in the Federal Law “On Refugees” and include the right to a professional interpreter and emergency medical assistance. While your Asylum-seeker Certificate of Consideration on Merits (refugee status) is valid, you have the right to obligatory medical insurance (OMS), which entitles you to free medical services in outpatient clinics at your place of residence. To obtain an OMI certificate, you will need to apply to one of the insurance companies working with the obligatory medical insurance system. Also, if you are in a particularly vulnerable situation while applying for refugee status, you may request to be accommodated in the Temporary Accommodation Center (TAC), under the jurisdiction of the MOI Main Directorate. All children have the right to public school education regardless of their legal status in Russia. Your main responsibility is to abide by the laws, rules, and regulations of the Russian Federation. More detailed information is available on the MOI website https://mvd.ru. You may also consult with the MOI Migration Directorate staff at one of the territorial branches, or through their free hotline “102”. VI. Rights and obligations of recognized refugees (RS) and temporary asylum holders (TA) Your rights and responsibilities are detailed in the Federal law “On Refugees.” It is important for you to know that you have the right to free medical assistance, at your place of residence. For this, you must go to a medical insurance company and receive a certificate of mandatory medical insurance (OMS). You also have the right to work without obtaining a work permit. Upon request, particularly vulnerable individuals may be accommodated in the Temporary Accommodation Center (TAC) at the discretion of MOI Main Directorate. All children have the right to public school education regardless of their legal status in Russia. Refugee status holders have the right to apply for RF citizenship one year after the date of recognition. Temporary asylum holders may apply for temporary residence permit, which has a longer validity period. You must obey Russian laws and have to register with the MOI territorial body at your place of residence and comply with all the conditions of migration registration. Failure to comply with migration regime may lead to administrative sanctions (e.g. fines). You can receive more detailed information by consulting the territorial branch of the migration department of MOI in person or through their official website. Refugee status procedure – a flowchart Application for refugee status (RS) Preliminary review of RS application — 5 days Decision to decline to Decision to accept for consider on merits consideration on merits Appeal to the Appeal to the Consideration on merits — 3 months (may be GUVM MOI court of Russia extended for 3 more months) Rejection by Negative Positive decision the GUVM decision (granting RS) MOI of (rejection) Russia Appeal to Appeal to the Issuance of GUVM MOI court refugee of Russia status certificate Temporary asylum procedure – a flowchart Application for temporary asylum (TA) Period: up to 3 months Decision to deny TA Decision to grant TA Appeal to the Appeal to the GUVM MoI court of Russia Rejection by the GUVM MoI of Russia VII. What to do if you have been stopped or detained by the police If you are detained or stopped by the police, do not sign any documents unless you understand their content. Paying a fine on the spot is considered a bribe and may be grounds for criminal charges for both sides! Ask the police officer to introduce themselves, state their title and show their ID.