Date of publication:
08/21/2025
Tajikistan
Do domestic laws and policies provide mechanisms to identify unaccompanied and separated children?
Assessment by population
Analysis
According to Article No.6 of the Refugee Law of the Republic of Tajikistan, if individuals under the age of 18, who wish to be recognized as refugees, arrive in the country unaccompanied by legal guardians, the migration authority conducts an interview with them and fills out a questionnaire. Before a decision is made regarding their legal status, measures are taken to transfer them to the guardianship and custody authorities of the Republic of Tajikistan, in accordance with this law and other relevant legal acts.
In paragraph 7 of Article No. 5 of the Refugee Law of the Republic of Tajikistan, the responsibilities of the authorized state body, namely the Ministry of Internal Affairs, are also outlined. One of the tasks is to assist an individual who is applying for refugee status or has already been recognized as such, if they are under 18 years old and have arrived in the Republic of Tajikistan unaccompanied by their legal guardians. This includes helping to obtain information about the whereabouts of their parents, other legal guardians, or relatives.
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
Article 6 - The Procedure for Submitting and Considering Asylum Applications
1. Individuals wishing to seek asylum in Tajiki-stan can apply to the country's dip-lomatic or consu-lar missions for refugee status. 2. Asylum seek-ers under 18 must apply in writing, either personally or through a rep-resentative, to the relevant authori-ties at border posts or migration offices, depend-ing on their situa-tion. 3. If an asylum seeker is unable to apply due to health reasons, a representative can submit the application with medical docu-mentation. 4. Those who il-legally cross the border and seek asylum will be de-tained by border guard units with-out penalties for illegal entry. 5. Border guard units must notify the nearest mi-gration authority within 72 hours about asylum seekers. 6. Information about the asylum seeker's under-age family mem-bers is included in the application, and if there are no parents, it is submitted by a legal representa-tive or another family member. 7. If an unaccom-panied minor seeks asylum, migration authori-ties will interview them and transfer them to child pro-tection services until their legal status is deter-mined. 8. The legal sta-tus of those who are declared men-tally incapable is determined ac-cording to Tajiki-stan's laws. 9. Applications from family mem-bers are pro-cessed separate-ly for each adult, considering the law. 10. If a family member over 18 does not meet the legal require-ments but agrees to reunite the family, they may also be granted refugee status. 11. A decision on refugee status is made within 10 working days by a permanent commission after interviews and background checks. 12. Family mem-bers under 18 are listed in the certif-icate of one par-ent or a legal rep-resentative 13. An unaccom-panied minor may also receive a certificate from guardianship au-thorities. 14. The certifi-cate is necessary for registering the asylum seeker and their family members. 15. The certifi-cate can also serve as a basis for temporary set-tlement for asy-lum seekers. 16. The perma-nent commission, which includes representatives from various gov-ernment bodies, oversees the ref-ugee status de-termination pro-cess, with proce-dures defined by the Tajik govern-ment. In summary, this outlines the proce-dures for asylum seekers in Tajiki-stan, including how to apply, the role of authorities in processing ap-plications, and the special provisions for minors and individuals unable to apply due to health or other reasons
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.