Article 11 - Asylum Procedures

1) The grounds and procedure for recognizing an individual seeking asylum in the Republic of Tajikistan as a refugee are determined by the internal affairs authorities through the establishment of the following requirements: -results of the questionnaire of the asylum seeker based on individual interviews; -the reliability of the information obtained about the asylum seeker and their accompanying family members; -the circumstances of arrival in the Republic of Tajikistan; -the content of the submitted documents; -properly formalized explanations, if any; -other documents. 2) The application for recognition as a refugee shall be considered no later than 3 months from the date of registration by the internal affairs authorities. The registration period is also extended by the same period. 3) The term for considering the application may be extended by the State Migration Authority if there are difficulties in determining the validity of the applicant's fears of being persecuted, but no more than 3 months from the date of registration of the refugee application. 4) The procedure for recognizing an individual as a refugee may be suspended at any stage if it is found during the consideration of the application that the individual provided false information or committed acts that pose a threat to the national security of the host country or violate public order. 5) A decision to recognize or reject an individual as a refugee is made by the State Migration Authority based on the conclusion of the joint permanent commission for determining refugee status at the internal affairs authorities and the materials of the applicant's personal file, taking into account the procedure followed, the consideration of the application, and the provided documents. 6) An individual granted asylum, recognized as a refugee, and who has reached the age of eighteen, shall be issued a certificate in the prescribed form by the State Migration Authority in accordance with the "Instructions for Refugee Identification" approved by the Government of the Republic of Tajikistan. 7) An individual recognized as a refugee, who has reached the age of eighteen and arrived in the Republic of Tajikistan without a legal representative, may also be issued a certificate, taking into account the opinion of the guardianship and trusteeship authorities. 8) The certificate, along with the internal affairs authorities' application, serves as the basis for obtaining a residence permit for the individual recognized as a refugee and their family members for the duration of their refugee status. 9) An individual seeking asylum is recognized as a refugee for a period of up to 3 years, and a refugee certificate is issued for the same period. If the individual retains their citizenship or previous place of residence and the circumstances that led them to become a victim of persecution, the duration of their refugee status and the validity of their refugee certificate may be extended for every subsequent 3-year period based on the decision of the joint permanent commission for determining refugee status at the internal affairs authorities. 10) The internal affairs authorities shall inform the relevant authority about the final decision to refuse refugee status, remove the individual from the registry, and apply for the issuance of an exit visa for the individual and their family members to leave the Republic of Tajikistan. 11) An individual who has received a notification of refusal of refugee status under this Law must leave the Republic of Tajikistan along with their family members no later than one month from the date of receiving the refusal notice, if they do not have any other legal grounds to stay in the Republic of Tajikistan. 12) An individual who has been refused refugee status, based on new circumstances, has the right to reapply to the internal affairs authorities for refugee status in accordance with the procedure established by this Law.