Date of publication:
01/07/2026
Tajikistan
Do domestic laws and policies provide for protection from refoulement?
Assessment by population
Analysis
According to Part No.1 of Article No. 14 of the Refugee Law of the Republic of Tajikistan, individuals seeking asylum, applying for refugee status, recognized as refugees, or who have lost or been deprived of their refugee status, cannot be returned or expelled against their will to a country where their life or freedom would be threatened by persecution based on race, religion, nationality, membership in a particular social group, or political beliefs.
At the same time, according to Paragraph No.2, Section 2 of Article No.5 of the Law on Refugees of the Republic of Tajikistan, refoulement may be carried out by the national security authority with the approval of the General Prosecutor’s Office of the Republic of Tajikistan. This applies only to individuals who have been denied registration of their application for refugee status, refused refugee status, or have lost or been stripped of refugee status, along with their family members who have not left the territory of the Republic of Tajikistan within the prescribed time frame.
Related provisions of domestic law or policy
Law of the Republic of Tajikistan on Refugees
- Year: 2002
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement
- Link to external source: https://www.refworld.org/node/57522
Legal provision
Part No.1 of Article 14 - Guarantees of the rights of persons seeking asylum and recognized as refugees
Persons seeking asylum, applying for refugee status, recognized as refugees, who have lost refugee status, or have been deprived of their refugee status, cannot be returned or expelled against their will to the territory of a state where their life or freedom is threatened by persecution based on race, religion, nationality, membership in a particular social group, or political beliefs.
Article 5 - Powers and Interaction of State Authorities
Internal Affairs Bodies: Coordinate the activities of state authorities on refugee issues; Oversee and control the activities of the relevant divisions of internal affairs bodies at the local level; Receive and transfer to the territorial migration authorities information on the political, socio-economic, and sanitary-epidemiological situation in the state of the applicant's nationality (previous place of residence), as well as information on changes in passport-visa regimes of foreign states and rules for the stay of asylum seekers in Tajikistan; Present to the Government of Tajikistan regulations on refugee identification, forms of refugee identity cards, travel documents, and suggestions for improving legal acts in this area; Establish temporary accommodation centers for asylum seekers and their families and ensure their operation ; Receive necessary information from individuals and legal entities, regardless of ownership forms, for the verification of information provided by the asylum seeker; Assist an asylum seeker or a refugee under the age of eighteen who arrives in Tajikistan without legal representatives in obtaining information about the location of their parents, legal representatives, or relatives; Grant or deny refugee status in Tajikistan based on the decision of the Joint Permanent Commission on Refugee Status Determination at the Ministry of Internal Affairs ; Verify and determine the authenticity of information provided by applicants for refugee status based on their registration documents; Issue temporary identity cards for asylum seekers; Issue refugee identity cards and travel documents to those granted refugee status ; Conduct annual re-registration of refugees together with the relevant authorities; Decide on the loss of refugee status or its revocation in accordance with the law; Interact with state administration bodies, executive authorities at the local level, and individuals and legal entities on other matters within its competence; Register and extend the registration periods for asylum seekers and refugees; Issue and extend temporary residence permits for refugees in accordance with Tajikistan's laws; If necessary, conduct identity verification for applicants for refugee status who lack identification documents; Conduct fingerprinting of applicants for refugee status; Implement forced expulsion of asylum seekers and refugees who refuse to voluntarily leave Tajikistan, in accordance with Tajikistan’s laws . National Security Bodies of Tajikistan: Within their competence, provide information to the State Migration Authority on the circumstances outlined in Articles 3 and 7 of this Law concerning individuals applying for refugee status or seeking asylum; In coordination with the General Prosecutor’s Office of Tajikistan, make decisions on the expulsion of individuals who have been denied registration for asylum or refugee status, and their family members who have failed to leave Tajikistan within the established time frame; Detain individuals attempting to cross Tajikistan’s state border at checkpoints or outside of them if they are asylum seekers without entry permission, notifying the relevant internal affairs authorities within 72 hours, ensuring the principle of non-refoulement. Internal Affairs Ministry of Tajikistan: Upon written request from the State Migration Authority, register and extend the registration period for individuals whose refugee applications are being processed and who have temporary registration certificates; Issue and extend temporary residence permits for refugees in accordance with Tajikistan’s laws; If necessary, conduct identity verification for applicants for refugee status who lack identification documents; Conduct fingerprinting of applicants for refugee status. State Border Protection Authority of Tajikistan: In cooperation with border guard units from other countries in Tajikistan, detain asylum seekers attempting to cross the border at authorized points or elsewhere without entry permission, and notify the internal affairs authorities within 72 hours. Local Executive Authorities: Determine temporary settlement areas for those whose applications for refugee status have been registered by the State Migration Authority; Assist in the integration of recognized refugees, considering available jobs and vacancies in the labor market; Provide temporary accommodation for refugees who cannot arrange housing independently.