Asylum in Timor-Leste

Article 91 guarantees asylum to foreigners and stateless persons persecuted or seriously threatened because of activity in favour of democracy, social and national liberation, peace or human rights, and to those who cannot or, owing to a fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, will not return to their country of nationality or habitual residence. Persecution can come from the State, from groups controlling the State or part of its territory, or from non-State actors when protection is not available. Article 93 excludes persons who committed crimes against peace, war crimes, crimes against humanity, serious non-political crimes punishable by more than three years, or acts contrary to UN principles.

A person who enters Timor-Leste to seek asylum submits the request to any police authority within 72 hours of entry, orally or in writing; for residents or people already allowed to stay, the period runs from when they learn of the facts. The request is passed to the Migration Service, which notifies the applicant to give statements within five working days, gives a statement of claim and explains rights and obligations in an official language and a language the applicant knows, including the duty to report the address and present themselves every two weeks. The Migration Service informs UNHCR of every claim. The application should identify the applicant and family members, previous residences and asylum applications, and describe the facts, with all travel and identity documents and evidence attached.

The head of the Migration Service decides on admissibility within 30 working days; if no decision is taken in time, the claim is considered admissible. Claims can be inadmissible if clearly unfounded or fraudulent, if the applicant comes from a safe country or host third country, or if lodged late without justification. Once admitted, the investigation lasts 60 days, extendable once; UNHCR may add reports, the proposal is shared with UNHCR and the applicant for comment within five working days, and the member of the Government responsible for migration decides within eight working days after that. At border posts, UNHCR may give an opinion within 48 hours and the decision is due within 15 days, with the applicant waiting in the international zone.

Statements are taken confidentially, with translation where necessary; women give statements before female staff. Applicants can be assisted by a public defender or a lawyer of their choice. While an application is pending, extradition proceedings are suspended, and proceedings for irregular entry are suspended and closed if asylum is granted for the same facts. Applicants receive a provisional residence permit valid 60 days, renewable for 30 days until the decision. The State ensures reception conditions that respect human dignity, and applicants in economic and social need receive support and medical assistance.

An inadmissibility decision is notified within 24 hours and orders departure within five working days; the applicant can appeal within five working days to the member of the Government responsible for migration, whose decision within five working days can be challenged in court within 15 working days. These appeals suspend expulsion. A refusal of asylum after investigation can be taken to court within 15 working days, with suspensive effect, and the applicant may remain for up to 20 working days. Recognised refugees enjoy the rights of foreign residents, receive a refugee identity document, and can bring their spouse and children under family reunification.