of March 17, 2010 No. 87-p
About approval of Rules of registration and consideration of the petition for assignment of the status of the refugee
According to the subitem 7) of article 6 of the Law of the Republic of Kazakhstan of December 4, 2009 "About refugees" I ORDER:
1. Approve the enclosed Rules of registration and consideration of the petition for assignment of the status of the refugee.
2. To provide to department of employment and population shift of the Ministry of Labour and Social Protection of the population of the Republic of Kazakhstan in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication.
3. Declare invalid the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of November 20, 2007 No. 273-p "About approval of Rules of assignment of the status of the refugee" (No. registered in the Register of state registration of regulatory legal acts 5143, No. published in the Yuridicheskaya Gazeta newspaper of March 7, 2008 36).
4. To impose control of execution of this order on the vice-Minister of Labour and Social Protection of the population of the Republic of Kazakhstan Nurymbetov B. B.
5. This order becomes effective after ten calendar days after day of its first official publication.
Minister G. Abdykalikova
Approved by the order of the Minister of Labour and Social Protection of the population of the Republic of Kazakhstan of March 17, 2010 No. 87-p
1. These rules of registration and consideration of the petition for assignment of the status of the refugee (further - Rules) are developed according to the Law of the Republic of Kazakhstan of December 4, 2009 "About refugees" (further - the Law) and determine order of registration and considerations of the petition of persons who are looking for shelter about assignment of the status of the refugee.
2. In these rules the following concepts are used:
1) the petition - the written address of person who is looking for shelters personally or by proxy on that the representative about assignment of the status of the refugee in the place of the stay in authorized body;
2) person who is looking for shelter - the foreigner or the person without citizenship who showed willingness to address for shelter in the Republic of Kazakhstan before acceptance of the final decision by authorized body according to their petition for assignment of the status of the refugee;
3) the certificate of person who is looking for shelter (further - the certificate) the document issued by authorized body, confirming registration of the petition for assignment of the status of the refugee;
4) members of the family of person who is looking for shelter - the spouse (a), their minor children and other persons which are in his (her) dependence;
5) authorized body - the state body performing management in the field of regulation of the relations concerning refugees.
3. If person who is looking for shelter did not arrive to the territory of the Republic of Kazakhstan yet, it addresses personally or by proxy on that the representative with the written petition for assignment of the status of the refugee to diplomatic representation or consular establishment of the Republic of Kazakhstan.
4. In case of forced illegal crossing of person who is looking for shelter of frontier of the Republic of Kazakhstan the petition moves within a day in territorial subdivision of authorized body from the date of crossing by this person of frontier of the Republic of Kazakhstan.
In the presence of the circumstances which are not depending on this person and interfering its timely address with the petition, circulation period can exceed one days, but no more than for action of the arisen circumstances.
5. Person who is looking for shelter within five calendar days on arrival on the territory of the Republic of Kazakhstan or since the moment when it, being in the territory of the Republic of Kazakhstan, learned about emergence of circumstances to fall victim of prosecutions on the basis of race, nationality, religion, nationality, belonging to certain social group or political convictions, addresses personally or by proxy on that the representative with the written petition for assignment of the status of the refugee in the place of the stay to territorial subdivision of authorized body of area, city of republican value and the capital (further - territorial subdivision of authorized body).
6. If on behalf of person who is looking for shelter with the written petition for assignment of the status of the refugee his representative on the representative addresses, in this case the document confirming powers of the representative is attached to the petition.
7. In case of the address with the petition of the person who is looking for shelter, not owning sufficiently state or Russian, and the employee of territorial subdivision of authorized body, or diplomatic representation or consular establishment of the Republic of Kazakhstan accepting the petition does not know the language clear to person, looking for shelter, measures for providing it are taken by translation service.
At the request of person who is looking for shelter, the petition is filled in with the employee of territorial subdivision of authorized body with the obligatory sign manual of person who is looking for shelter.
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The document ceased to be valid according to the order of the Minister of Internal Affairs of the Republic of Kazakhstan of November 29, 2010 No. 496