Asylum and refugee status in Belarus

Refugee status is granted to a person in Belarus with a well-founded fear of persecution in the country of nationality because of race, religion, nationality, membership of a particular social group or political opinion, for as long as those grounds persist. Complementary protection is given when refugee grounds are absent but return would expose the person to the death penalty, torture or other cruel or degrading treatment, or to a threat to life from violence in an armed conflict; it lasts up to one year and can be extended by up to a year at a time. Asylum may be granted to people forced to leave their country because of persecution for political or religious beliefs or ethnic origin.

Applicants and their adult family members must be in Belarus and apply in person or through an authorised representative to a citizenship and migration unit; there is no procedure for applying at Belarusian embassies abroad. People detained for illegal border crossing or illegal stay, or who are at a checkpoint without valid entry documents, apply to the border service. Children under 18 are included in their parents' application.

The procedure includes registration of the applicant, referral to a citizenship and migration unit, compulsory fingerprinting and medical examination, identification where there is no valid passport, an interview, registration of the claim and issue of a certificate of registration, examination by the unit, and a decision by the ministry's Citizenship and Migration Department.

Under the general procedure the citizenship and migration unit has three months from registration and the department three months from receiving the file; each period can be extended by three months when the grounds are hard to establish. Claims that are manifestly unfounded or abusive go through an accelerated procedure in which the unit sends its conclusion within 15 days and the department decides within 15 days.

During the procedure applicants receive a certificate of registration that serves as identification, may settle on their own or, if they cannot, stay in temporary accommodation centres when places are available, receive cash assistance set by the Council of Ministers and free emergency medical care, may work on the same terms as foreigners permanently residing in Belarus, and may contact UNHCR. Children have access to pre-school, general secondary and special education and medical care on the same terms as Belarusian children. Applicants also receive a temporary residence permit for the duration of the procedure.

Recognised refugees receive a refugee certificate, can obtain temporary and permanent residence and a Convention travel document, have healthcare and education on a par with citizens, and can reunite with family members, who receive the same status if they arrive within one year of the decision.

Decisions in the accelerated procedure and decisions to terminate the examination can be appealed to a court within seven days of being notified. Other refusals of refugee status and complementary protection, refusals to extend complementary protection and decisions on loss or cancellation of status can be appealed to a court within 15 days. During the court appeal the applicant keeps the rights and duties of an asylum seeker or status holder.