Asylum and refugee status in Kazakhstan

A person seeking refuge applies personally or through an authorised representative, in writing, to the local executive body of the region, city of republican significance or the capital where he or she is staying, within five calendar days of arrival or of learning, while in Kazakhstan, of circumstances that put him or her at risk of persecution. At the border the written application goes to the Border Service of the National Security Committee; anyone forced to cross where there is no checkpoint must apply to the local executive body within 24 hours. When people detained for illegal entry or stay say they want to apply, the authorities inform the local executive body within a day and it registers the application within two calendar days. The law contains no procedure for applying at Kazakh embassies abroad.

On the day the application is registered, the applicant receives an asylum seeker certificate, is registered at the place of stay until the decision and gives fingerprints. Children under 18 are entered in a parent's application. The local executive body decides within three months of registration, provided fingerprinting has been done; where additional checks are needed, the final decision can be postponed for up to one year. A refusal is handed over or sent within five working days with the reasons and an explanation of how to appeal.

Recognised refugees receive a refugee certificate within five working days of the decision and can obtain a travel document. Status lasts one year and is extended for a year at a time on an application made one month before it ends, as long as the circumstances in the country of origin persist. Refugees have the same work, business and healthcare rights as asylum seekers, can take their property to a third country and can ask the authorities for information on relatives in their country of origin. Status ends, among other cases, on acquiring a new citizenship, voluntary return or moving abroad permanently, and is withdrawn for false information or certain serious crimes.

Asylum seekers have the right to free interpretation and information on the procedure, to stay in Kazakhstan until the procedure ends including appeal periods, to medical care under health legislation, to work or run a business, to withdraw the application and to return voluntarily or move to a third country. They must give reliable information, undergo a medical examination and fingerprinting, tell the local executive body if they plan to leave Kazakhstan and, when moving, deregister and register at the new place within five working days.

An adult family member who does not meet the refugee definition personally is still recognised to keep the family together, and a spouse and minor children arriving later can apply for reunification with proof of the family relationship. Refusals, refusals to extend and decisions withdrawing status can be appealed in the manner set by Kazakh law, and the applicant may remain in Kazakhstan during the appeal period.