POLITICAL ASYLUM IN UKRAINE

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POLITICAL ASYLUM IN UKRAINE

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 For many weeks, the news has been reporting on numerous popular protests in the Republic of Belarus related to local elections. At the same time, a significant number of people are detained by law enforcement agencies, and others are forced to go abroad. In this regard, the issue of obtaining refugee status in Ukraine is relevant.

 In our country, the procedure for recognition as a refugee is regulated by Law № 992-VIII of 08.07.2011.

 The legislative definition of a political refugee is given in Article 1 of this Law, where the main feature of such a person is that a foreigner has reasonable fears of becoming a victim of repression or persecution.

 In order to obtain refugee status, you need to collect the necessary documents and follow a clear algorithm:

  • First of all, a person who has reached the age of 18 applies to the migration service, stating the circumstances that led to such an application. The statement is accompanied by identity documents, the fact of persecution, four photos. The migration service also takes the applicant's fingerprints;
  • within 15 days from the date of submission of the application, such a person is appointed a meeting, where the submitted documents are considered and the stated information is investigated (so-called preliminary consideration);
  • within three months the final consideration of the application is carried out and the final decision is made.

 Based on this, the applicant is issued a certificate of application for protection in Ukraine.

 However, there are many cases of refusal. The decision to refuse shall be sent within three days of its adoption. In this case, you should seek legal assistance if this has not already been done.

Yes, there are two ways to appeal such a refusal:

  • administrative method;
  • judicial method.

 To use the administrative appeal mechanism, the applicant must file a complaint with the central executive body, which implements the state policy in the field of refugees and persons in need of additional or temporary protection, within five days from the date of written notification. The validity of the certificate issued to the applicant is extended for the period of consideration of the complaint. At the same time, identity documents remain with the migration service.

 If the applicant has not lodged a complaint with the central authority, the migration service seizes the certificate of application for protection in Ukraine and returns the identity document.

 The judicial method of appeal is an alternative, for which you need to file an administrative lawsuit to appeal the decision to refuse. At the same time, it is necessary to follow the clear instructions of the Code of Administrative Procedure so that your application is not left without motion or without consideration.

 If you have difficulties obtaining refugee status, or you need legal assistance in obtaining other migration services - contact the law firm "Prikhodko and Partners", we will provide you with quality and professional legal assistance!

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