REFUGEE STATUS RECOGNITION PROCEDURE

 Legally, the procedure for recognizing a person as a refugee or as a person with subsidiary protection is regulated by the following NLA: the 1951 Convention relating to the Status of Refugees and the 1967 Protocol concerning the Status of Refugees, the Law of Ukraine "On Refugees and Persons in Need of Complementary Protection" of 2011, Order № 649 of 2011, Manual on the Procedure and Criteria for Determining a Refugee under the 1951 Refugee Convention and its Protocol, which is binding on all national actors in this matter.

 The whole process begins with submitting an application to the territorial division of the SMS. Throughout Ukraine, there are only 12 divisions of the migration service that have the right to accept such applications, among them - Kiev. The employee of the migration service, who accepts the application, identifies the face of the applicant and his family members, checks the documents within the framework of his authority, and also provides an interpreter if the applicant does not have an interpreter. According to the law, a translator must be mandatory, fluent in the applicant's native / state language and the state language in Ukraine - Ukrainian. In case of consideration of the application, the IC may accept the application for consideration or refuse, indicating the grounds for the refusal in accordance with the current legislation. Such grounds are: the applicant pretends to be another person, the applicant has already submitted the same application earlier and received an official refusal, etc.

 After the application is accepted, the seeker of protection and his family members are registered, each adult / adult applicant is issued a Certificate of application for protection for 1 month. Within 2 weeks, the first interview is held and a decision is made to accept documents for consideration or to refuse. In case of refusal, the applicant again has 5 working days to appeal administratively or judicially. In case of a positive decision, the employees of the MS check all the documents, study carefully information about the applicant's country of origin, conduct an interview 2,3,4 .. refusal to the applicant. Requests and checks of the applicant in the country of origin are not carried out. Meanwhile, the certificate is renewed next time for 6 months.

 After examining everything, receiving answers to inquiries, the MS employee forms a recommendation conclusion on the case of the seeker for protection in Ukraine and makes the final decision: to issue the applicant a refugee certificate in Ukraine or a certificate of a person who needs additional protection. The security seeker is notified of a positive decision within 10 working days. In addition to the certificate, a travel document is also issued.

 In case of refusal, the MC draws up an Order and generates a Notice for the applicant, which is sent to the address indicated by the applicant in the application form, or it is issued personally to the MC under the applicant's signature. In the latter, the applicant is notified of the reason for the refusal and receives instructions and recommendations. The applicant has the right, within 5 days, to appeal against such a decision in the administrative (the complaint is sent to the SMS, in the city of Kiev it is the SMS at Vladimirskaya str., 9) or judicial regime. 5 days are counted from the next day after the official receipt of the notice of refusal. In case of an administrative or judicial appeal, the applicant is issued a certificate of appeal for protection in Ukraine for 3 months. If the consideration of the case in any of the order is delayed, the certificate is extended. The SMS considers the complaint for 4 months, then either satisfies the complaint and obliges the territorial unit to continue the examination of the applicant's case or issue the desired document, or refuses to consider this complaint. If the appeal does not occur, then the applicant, that is, a foreign citizen, must leave the territory of Ukraine after the end of the legal period of stay on the territory of Ukraine, or else must take other methods of legalization on the territory of Ukraine.