Refugee status in Azerbaijan
- Emil Khudiyev (Lawyer)
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Difficult global political situation and local crises have become the reason for the actualization of obtaining refugee status in different countries. The conflict between Russia and Ukraine, tensions in the Gaza sector and other military conflicts are forcing people to move to other countries that are ready to offer them help and accept them in their own country.
The mechanism for obtaining of refugee status differs from country to country.
Let’s take a closer look on how to get refugee status in Azerbaijan?
Who is refugee?
According to Law “On the status of refugees and IDPs (Internally Displaced Persons)“, refugee – is a person who is not a citizen of Azerbaijan, who is not able to stay in his country because of persecution on race, religion, nationality, political opinion and other grounds.
In addition, stateless persons may also be granted refugee status if they are unable or unwilling to return to their country of origin.
The procedure of obtaining of refugee status, along with the above Law, is also regulated by the Decree of the President of the Republic of Azerbaijan No. 419 “On approval of the procedure for considering an application for granting refugee status” dated 13.11.2000.
Guarantees for refugees in Azerbaijan
Refugees are endowed with the same rights and freedoms as the citizens of Azerbaijan, unless otherwise provided by the Constitution and legislative acts. A refugee or internally displaced person receives the following guarantees:
1) free moving and transportation of property to a temporary place of residence;
2) obtaining the necessary medical care and medicines in hospitals and places of temporary residence;
3) receiving education by children – in kindergartens, schools, depending on age;
4) purchase of industrial and food products on equal terms with the citizens of Azerbaijan;
5) receiving one-time or other assistance from the state;
6) obtaining refugee status within the specified time frame;
7) apply to the court to protect their rights and freedoms, as well as initiating the issue of compensation for damage, including material damage;
8) return to their former place of residence;
9) assistance in adapting to local conditions (learning the language, familiarizing yourself with your duties and rights, using humanitarian assistance);
10) obtaining citizenship of Azerbaijan.
Documents required to apply for refugee status
To apply for refugee status in Azerbaijan, you need to submit the following documents to the Migration Service:
1) Special application form. It must indicate the reasons why you want to receive refugee status. You will also need to provide information about marital status, data about family members, about the place of birth, about your country.
2) Original of identity document (passport, etc).
Documents can be submitted both personnaly or by a representative.
Good to know : The absence of the above documents does not affect the forthcoming decision on granting refugee status.
A person who has received refugee status in Azerbaijan and his family members are issued a refugee certificate and a travel document (in accordance with the 1951 Convention relating to the Status of Refugees), giving the right to travel outside Azerbaijan.
Where to apply for refugee status?
To obtain refugee status, you must apply directly to the Migration Service of Azerbaijan.
You can also do that at the checkpoints at the border entrance to Azerbaijan or directly contacting the state authorities of Azerbaijan (Ministry of Internal Affairs, State Security Service, Border Guard Service or local executive authorities).
After the necessary documents are submitted, Migration Service within makes a decision on granting or not granting refugee status during 3 months from the date of registration of the application.
FAQ
In what cases refugee status can be denied?
1) If a person has committed a crime against peace, a war crime, a crime against human and humanity;
2) If before entering the territory of Azerbaijan outside of its borders, a person has committed a grave or especially grave crime of a non-political nature;
3) If a person is accused of committing acts contrary to the purpose and principles of the UN.
Is it possible to get a refugee card for free?
No. A state fee is charged for the issuance of a Refugee Certificate and a Travel Document. You can check the fees here.
Currently it is 10 AZN.
When refugee status can be terminated?
Refugee status can be terminated in the following cases:
1) in case voluntarily re-use the protection of the state of which he is a citizen or permanent resident;
2) in case of deprivation of citizenship and regainment it voluntarily;
3) in case of acquiring of the citizenship of the Republic of Azerbaijan or of another state and using the protection of the state of which he is a new citizen;
4) in case he/she voluntarily re-settles in the state which he/she left or stayed abroad for the fear of persecution;
5) in case he/she is no longer able to renounce the protection of the state of which he/she is a citizen due to the elimination of the circumstances which caused to his/her recognition as a refugee (except for refugees who can provide sufficient grounds arising from previous persecutions for renouncing the protection of the State of which he/she is a citizen);
6) in case a stateless person is able to return to the country where he/she usually resides due to the elimination of the circumstances which caused to his/her recognition as a refugee (except for refugees who can provide sufficient grounds arising from previous persecutions for returning to the country of their previous residence);
7) in case of presenting a threat to state security and public order;
8) in case of obtaining refugee status as a result of submission of deliberately false information or false documents;
9) upon deprivation of liberty for a fixed term or life imprisonment by a court verdict that has entered into legal force for committing a grave or especially grave crime.
What is the difference between refugee and forced migrant?
Forced migrant – is a person who has been displaced or left the place of his permanent residence within the country of Azerbaijan and moved to another place. Refugee – is a person who is not a citizen of Azerbaijan and has moved to Azerbaijan from another country, not being able to stay in his country due to persecution on racial grounds, religion, nationality, political opinions and other grounds.
Can refugee work in Azerbaijan?
A person who has received refugee status in Azerbaijan has the right to work in the territory of the Republic. In accordance with the Law “On the status of refugees and IDPs (Internally Displaced Persons)“, state bodies helps refugees in finding jobs.
How EMZE can help you?
As an immigration lawyer from Azerbaijan, I’m always ready to help you and provide you legal aid in obtaining of a temporary residence, permanent residency and work permit in Azerbaijan, provide you with legal consultancy on different matters, like how to open a company in Baku and start business in Azerbaijan, how to open bank accounts and etc.
Other legal services in the field of migration law, you can find in “My Services” section.
Need a Lawyer in Azerbaijan? Just Call Emil!
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