Publication date: 27.06.2024
Lawyer
The procedure for granting refugee status in Ukraine
Refugee status is an important legal category that provides persons who are forced to flee their country because of persecution or danger with the opportunity to receive protection and support in another country. In Ukraine, this status is regulated by the relevant national and international norms. In this article, we will consider the main aspects of the procedure for granting refugee status in Ukraine, its legal grounds, application procedures, as well as the rights and obligations of persons who have been granted this status.
Basic concepts and legal grounds
A refugee is a person who is outside the country of his/her citizenship or permanent residence and is unable or unwilling to return due to a well-founded fear of persecution on the grounds of race, religion, nationality, membership in a particular social group or political opinion. The grounds for granting refugee status in Ukraine are determined on the basis of international treaties and national legislation.
The procedure for applying for refugee status
Submission of the application
A person wishing to obtain refugee status in Ukraine must submit an application to the State Migration Service (SMS). The application can be submitted either in person or through a representative. The application must contain detailed information about the reasons that forced the person to leave their country, as well as any available documents confirming these reasons.
Acceptance of the application
After receiving the application, the SMS conducts a preliminary review to determine whether it meets the formal requirements. If it does, the application is accepted for consideration, and the person is issued a temporary certificate confirming his or her status as a refugee applicant.
Consideration of an application for refugee status
Interview with the applicant
One of the key stages of the application consideration is an interview with the applicant, during which the SMS employees find out in detail the circumstances that forced the person to leave their country. The interview is conducted in the presence of an interpreter if the applicant does not speak Ukrainian.
Analysis of documents
The SMS conducts a thorough analysis of the documents provided by the applicant, as well as verifies the information obtained during the interview. It is important to have evidence of persecution or threats to the applicant's life and health in his/her country of origin.
Decision-making
Based on the results of the interview and the analysis of documents, the SMS makes a decision on granting or refusing refugee status. In case of a positive decision, the applicant is issued a refugee certificate confirming his/her legal status in Ukraine.
Appealing the decision
In case of refusal to grant refugee status, the applicant has the right to appeal this decision in an administrative or judicial procedure. The appeal must be filed within a certain period of time and must contain justification for disagreement with the decision of the SMS.
Rights and obligations of refugees in Ukraine
Rights of refugees
Persons who have been granted refugee status in Ukraine are entitled to:
- Protection from refoulement: Refugees cannot be forcibly returned to a country where their life or freedom is threatened.
- Social protection: Refugees are entitled to social assistance, including medical care, education and housing.
- Employment: Refugees have the right to work in Ukraine on equal terms with citizens.
- Freedom of movement: Refugees can move freely within the territory of Ukraine and choose their place of residence.
Refugees' responsibilities
Refugees in Ukraine must comply with the laws of the country, including:
- Registration and notification of residence: Refugees are obliged to register their place of residence and report any changes in it.
- Assistance to the authorities: Refugees must assist the SMS authorities in matters related to their legal status and provide the necessary information.
- Compliance with the laws of Ukraine: Refugees must comply with the laws and regulations of Ukraine.
Specifics of granting refugee status in Ukraine
State support
The Ukrainian state provides refugees with certain support, including social assistance, legal support and access to housing. This allows refugees to integrate into society and adapt to new living conditions.
International support
Ukraine cooperates with international organizations, such as the United Nations High Commissioner for Refugees (UNHCR), to provide additional support and protection of refugees' rights. This cooperation includes the provision of humanitarian aid, legal support, and assistance in resolving refugee status issues.
Challenges and problems
Despite the existence of a legal framework and support from the state, the process of granting refugee status in Ukraine faces a number of challenges and problems:
- Bureaucratic obstacles: The complexity of procedures and document requirements can complicate the process of obtaining refugee status.
- Insufficient funding: Limited funding for state refugee support programs can lead to a lack of resources to ensure an adequate level of assistance.
- Information awareness: Refugees may be unaware of their rights and opportunities to receive assistance in Ukraine.
- Social integration: The process of integration of refugees into society can be complicated due to language barriers, cultural differences and other factors.
Recommendations for improving the refugee status system
A number of measures should be taken to improve the refugee status system in Ukraine:
- Simplification of procedures: Simplify the application and processing procedures to reduce bureaucratic obstacles.
- Increase funding: Ensure sufficient funding for state refugee support programs to cover all needs.
- Raising awareness: Conducting information campaigns to raise awareness among refugees about their rights and opportunities for assistance.
- Integration programs: Developing and implementing programs aimed at the social and economic integration of refugees into society.
- International cooperation: Strengthening cooperation with international organizations to provide additional support and protection of refugees' rights.
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