Date of publication:

08/21/2025

Kyrgyzstan

Do domestic laws and policies require that the grounds for refusing an application for family reunification be specified?  

ANALYSIS

Assessment by population

Assessment by population
IDPs
Refugees
Asylum-seekers
Stateless persons
Analysis

The legislation of the Kyrgyz Republic clearly defines the grounds on which a person cannot be recognized as a refugee. These rules are aimed at complying with international standards in the field of protecting the rights of refugees, including the provisions of the 1951 Convention relating to the Status of Refugees. 

First of all, refugee status is granted to persons who prove a well-founded fear of becoming a victim of persecution on the grounds of race, religion, nationality, political opinion or membership in a particular social group. Also, the reason for granting status may be a real threat of persecution as a result of armed conflicts or interethnic clashes. The key criterion is the inability or unwillingness of a person to use the protection of his country due to such fears (Article 1 The Law of the Kyrgyz Republic On Refugees of March 25, 2002 № 44). 

At the same time, in Article 5 The Law of the Kyrgyz Republic On Refugees of March 25, 2002 № 44 establishes cases when a person cannot be recognized as a refugee. The first reason is the absence of well-founded fears. If the applicant cannot prove a real threat of persecution or danger in his country according to the specified criteria, his application will be rejected. 

Another important reason for refusal is the commission of crimes of international significance. If a person has committed a crime against peace, a war crime or a crime against humanity, he or she cannot expect to receive refugee status. Such actions are incompatible with the principles of international protection. 

Refusal is also possible if the applicant has committed a serious or especially serious non-political crime outside the Kyrgyz Republic before submitting the application. Crimes of this kind include violent or socially dangerous acts that undermine the grounds for granting protection. 

The legislation also takes into account actions that are contrary to the purposes and principles of the UN. If the applicant is guilty of such actions, for example, propaganda of violence or discrimination, he or she also cannot be recognized as a refugee. 

In addition, refugee status will be refused if the applicant can benefit from the protection of a third state. This includes cases where he or she is a citizen of another country where there is no threat of persecution, or has the right to legal residence in a third state. Similarly, if a person already has refugee status in another state or enjoys valid international protection, or can return to that state, their application will be rejected. At the same time, the legislation guarantees that such persons will not be sent back to the country where they were persecuted. 

A refusal is also possible upon a repeated application by a person if he or she has previously been refused refugee status, and the situation in the country of his or her citizenship or permanent residence has not changed since the refusal. 

As for applications submitted within the framework of family reunification, the legislation does not contain separate grounds for refusal of such applicants. The same general criteria apply to them as to all other applications for refugee status. 

The legislation of the Kyrgyz Republic clearly regulates the grounds for refusal of refugee status, based on international standards, including the provisions of the 1951 Convention relating to the Status of Refugees. All refusals are based on objective criteria, such as the absence of a well-founded fear of persecution, the commission of crimes of international significance or serious non-political crimes, actions contrary to the purposes and principles of the UN, and the possibility of obtaining protection in a third country. Thus, the law aims to ensure justice and protection only for those persons who truly need international assistance. 

    LAW & POLICY

    Related provisions of domestic law or policy

    The Law of the Kyrgyz Republic on Refugees

    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 5 - Grounds for Not Granting Refugee Status

    A person may not be recognized as a refugee in the Kyrgyz Republic on the following grounds: - if the person who has filed an application for refugee status does not have the grounds provided for in Article 1 of this Law; - if there are serious grounds to believe that he has committed a crime against peace, a war crime or a crime against humanity; - if he has committed a grave or especially grave non-political crime outside the Kyrgyz Republic and before he was admitted to the Kyrgyz Republic as an asylum seeker; - if he is guilty of committing acts contrary to the purposes and principles of the UN; - if he/she is a citizen of a third country whose protection he/she can avail himself/herself of, or has the right to reside in the territory of a third country on a legal basis, in the absence of any well-founded fear of becoming a victim of persecution in that third country on the grounds provided for in Article 1 of this Law; - if he/she has refugee status in another country or enjoys valid international protection of any country, or can return to that country and avail himself/herself of its protection. A person who is refused asylum in the Kyrgyz Republic on this basis must be protected from being returned to the country where he/she was persecuted; - if the person was previously refused recognition as a refugee in the territory of the Kyrgyz Republic due to the absence of circumstances provided for in Article 1 of this Law, provided that the situation in the country of nationality or permanent residence has not changed from the date of refusal to the time of filing the application.