Date of publication:
01/07/2026
Kyrgyzstan
Do domestic laws and policies provide access to asylum procedures for people seeking asylum?
Assessment by population
Analysis
The Law of the Kyrgyz Republic "On Refugees" defines the legal basis for granting refugee status and regulates the rights and obligations of persons applying for this status and employees of authorized bodies. The Regulation on work with refugees regulates the procedure for accepting applications and their consideration.
The Law on Refugees establishes that the Authorized Body is the state administration body of the Kyrgyz Republic and its territorial structures implementing migration policy and coordinating work related to refugees, i.e. the Ministry of Labor, Social Security and Migration of the Kyrgyz Republic. It is worth noting that the legislation in the field of asylum does not oblige the authorized body to identify refugees in order to fulfill its obligations under the Refugee Convention and prevent expulsion.
In accordance with Article 1 of the Law, a refugee is a person who is outside his country of citizenship due to a well-founded fear of persecution on the grounds of race, religion, nationality, political beliefs or membership in a particular social group. The law also protects persons forced to leave their country due to armed conflicts or interethnic clashes.
The procedure for granting refugee status begins with the filing of an application. According to Article 4 of the Law, the applicant is obliged to personally or through a representative apply either to the migration control authorities at the border or to the authorized body in the territory of the Kyrgyz Republic.
The procedure for considering an application for recognition as a refugee is regulated in Chapters 3 and 5 of the Regulation on Work with Refugees. The application is registered in the registration log, after which the applicant is issued a temporary certificate confirming his status. This document is valid for three months and is extended until the final decision is made. When submitting an application, the applicant must provide copies of identity documents and justification for his concerns. The authorized body or its territorial structures, after registering the application and issuing a certificate, are obliged to familiarize the applicant with the general procedure for considering his application, with his rights and obligations, in addition, in accordance with Article 6 of the Law on Refugees, asylum seekers have the right to the services of an interpreter. An important part of the process is ensuring the protection of vulnerable groups, such as minor asylum seekers. Unaccompanied minors receive additional support from guardianship and trusteeship authorities, and, if necessary, specialists and representatives of UNHCR are involved, including assistance in family reunification.
The State of the Kyrgyz Republic pays special attention to the protection of the rights and interests of persons with special needs, including persons with disabilities and the elderly, in the process of considering applications for refugee status. To ensure the accessibility of this procedure, a number of measures are provided, taking into account the physical and mental state of applicants. First of all, the law provides for the right of a person who, due to health reasons or other valid reasons, cannot submit a petition independently, to do so through an authorized representative. This requires the provision of a medical or other supporting document, as well as a notarized power of attorney confirming the authority of the representative. This approach is especially important for the elderly and people with disabilities, as it allows them to exercise their rights despite the impossibility of personal participation.
Additional attention is paid to people with mental illnesses. If the applicant has signs that their fears of persecution may be clinical manifestations of a mental disorder, the authorized bodies involve additional sources of information, including relatives, friends or representatives. This allows for an objective assessment of the validity of their fears and provides support at all stages of the consideration of the petition.
In cases where a specialized medical institution confirms that the applicant suffers from a mental illness in which they cannot be responsible for their actions, and there is no possibility of involving other sources of information, the consideration of the petition may be suspended until they are cured. If such a person arrives without a legal representative, information about the suspension and a copy of the medical report are sent to the guardianship and trusteeship authorities. This measure helps to guarantee the further protection of the rights of such persons in the territory of the Kyrgyz Republic.
In addition, when making decisions on petitions from persons with mental disorders, a medical report on a psychiatric examination is necessarily taken into account. It contains information about the degree of disorder and the applicant's ability to consciously present evidence and facts. This allows not only to protect the rights of such persons, but also to ensure the objectivity of the process. The procedure for reviewing application for refugee status includes an interview, verification of the accuracy of the information and documents provided, and preparation of a conclusion based on the results of the analysis.
For minors who arrived in the territory of the Kyrgyz Republic unaccompanied by legal representatives, a representative of the guardianship and trusteeship authority must participate in the interview. This is necessary to comply with the rights of the child and ensure his interests.
An interview with a person applying for refugee status is a key stage in assessing the validity of the application and obtaining the necessary information about the applicant. It is conducted in order to clarify the circumstances confirming the need to grant asylum. To ensure maximum objectivity and security, the process takes place in an isolated room without access to unauthorized persons. This creates conditions for the applicant to freely present his arguments.
If the applicant and the employee of the authorized body do not speak a common language, an interpreter is invited. The applicant is given the right to express mistrust of the appointed interpreter. In this case, he can provide an interpreter himself, having first filled out a trust form in the presence of the employee. This reduces the likelihood of misunderstandings and increases trust in the procedure.
All information provided by the applicant during the interview is confidential. It is not subject to disclosure and cannot be transferred to third parties, including the authorities of the applicant's country of origin, without his consent. This complies with international standards for the protection of the rights of asylum seekers.
The applicant is required to provide complete and accurate information, detailing the reasons that prompted him to seek asylum. Important aspects include data on the place of residence, route and stay in other countries. If the applicant does not have identity documents, he must provide any data that will help establish his identity.
The information obtained during the interview is recorded in a questionnaire of the established form. After the interview, an employee of the authorized body agrees on the content of the document with the applicant. All participants in the process, including the translator and representatives of the guardianship authorities, if their participation was necessary, sign. This confirms the correctness and reliability of the recorded data.
If necessary, an additional interview can be held. In this case, a separate protocol is drawn up, each page of which is signed by the applicant, an employee of the authorized body and, if necessary, an interpreter. The protocol becomes part of the case materials, which contributes to the completeness and transparency of the application review.
Based on this conclusion, the authorized body makes a decision on recognizing the person as a refugee or refusing. Thus, the interview procedure is aimed at ensuring objectivity, fairness and protection of the rights of applicants, and also complies with international standards for working with asylum seekers.
The terms for considering applications are regulated by Article 7 of the Law. The decision must be made within six months from the date of filing the application. However, if additional checks are necessary, this period may be extended to one year. The Law also provides for the possibility of filing an appeal and cassation in case of refusal, and the applicant has the right to stay in the territory of the Kyrgyz Republic until the completion of all procedures, including the appeal stage until the final decision is made.
Upon completion of the review, the authorized body makes a decision, which is drawn up in writing. Persons recognized as refugees are issued a certificate allowing them to officially register with the migration registration authorities. In case of refusal, the applicant receives a copy of the decision with an explanation of the reasons and an indication of the appeal procedure.
It is important to note that the legislation of the Kyrgyz Republic in the field of asylum establishes the principle of non-discrimination, guaranteeing all refugees equal legal status regardless of gender, race, language, ethnicity, religion, age, political or other beliefs, education, country of origin, property or other status, as well as other circumstances. However, it does not contain special provisions to ensure that gender aspects and the needs of vulnerable groups, such as women and LGBTI+, are taken into account.
Thus, the legislation of the Kyrgyz Republic provides asylum seekers with access to fair and effective procedures for considering their applications. Clearly defined rules for filing and considering applications, as well as mechanisms for the protection of vulnerable groups, are in line with international standards, including the provisions of the 1951 Refugee Convention. However, the consideration of gender aspects and the needs of vulnerable groups requires further improvement.
Related provisions of domestic law or policy
The Law of the Kyrgyz Republic on Refugees
- Year: 2002
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2002/en/119852?prevDestination=search&prevPath=/search?keywords=Law+on+refugees&order=desc&page=1&sm_country_name%5B%5D=Kyrgyzstan&sort=score&result=result-119852-en
Legal provision
Article 1 - Definition of a refugee
A refugee is a person who is not a citizen of the Kyrgyz Republic and who applies to the Kyrgyz Republic for recognition of himself as a refugee, who is outside the country of his citizenship or place of his permanent residence due to a well-founded fear of becoming a victim of persecution on the grounds of race, religion, nationality, political opinion, membership in a particular social group, as well as a real danger of being persecuted in armed and interethnic conflicts and who, due to such fears, cannot or does not wish to avail himself of the protection of his country.
Article 4 - Procedure for applying for refugee status in the Kyrgyz Republic
A person applying for refugee status must be given a real opportunity to submit such an application. To be recognized as a refugee in the Kyrgyz Republic on the grounds provided for in Article 1 of this Law, upon arrival he/she must apply in person or through his/her authorized representative with an application at the place of his/her stay: - at checkpoints across the state border - to the bodies implementing immigration control; - on the territory of the Kyrgyz Republic - to the Authorized Body. An application for refugee status received by the bodies implementing immigration control at checkpoints across the state border is transferred within ten working days from the date of receipt to the Authorized Body, which registers and carries out the procedure for determining refugee status. In the event of an emergency mass arrival of persons to the territory of the Kyrgyz Republic on the grounds provided for in Article 1 of this Law, the registration of said persons shall be carried out immediately. The procedure for interaction between state bodies in the event of a mass arrival of persons on the grounds provided for in Article 1 of this Law shall be determined by the Cabinet of Ministers of the Kyrgyz Republic.
Article 6 - Rights and obligations of a person who has applied for recognition as a refugee
A person applying for recognition as a refugee in the Kyrgyz Republic and his family members have the right to: - move freely throughout the territory of the Kyrgyz Republic, with the exception of areas closed to foreign citizens in accordance with the legislation of the Kyrgyz Republic; - reside in a place of temporary settlement and use public utilities; - use medical care; - to have the Kyrgyz Republic assist in obtaining information about relatives living in the country of citizenship; - to voluntarily return to the country of citizenship; - to leave for a place of residence in a foreign country; - to be provided with judicial protection; - to receive an education; - to receive the services of an interpreter; - to be exempt from paying expenses related to the consideration of an application for refugee status at all stages.