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THE PARLIAMENT OF THE REPUBLIC OF MOLDOVA

Law on the Status of Refugees

No. 1286-XV of 25.07.2002

Given the necessity to observe fundamental human rights and freedoms;

Considering that the state should ensure compliance of the domestic law with the generally recognised principles and norms of international law and provisions of the international documents to which the Republic of Moldova is a party;

Realising that the regulation of refugee status constitutes an important guarantee of human rights;

On the basis of art. 19, para. (2) and art. 72, para. (3) of the Constitution,

The Parliament adopts this organic law.

Chapter I. General Provisions

Article 1. Main notions

For the purpose of this law the following notions are defined:

Article 2. Objectives and Sphere of Application of the Law

(1) This law establishes a legal, economic, social and organisational framework for granting asylum (refugee status, political asylum, and temporary protection) in the Republic of Moldova and determines the status of asylum seekers and refugees.

(2) Asylum shall be granted pursuant to the provisions of this law and other normative acts, in compliance with generally recognised principles of international law and provisions of the international treaties to which the Republic of Moldova is a party.

(3) The provisions of this law shall be applied to all asylum seekers, refugees and individuals who enjoy temporary protection as well to the public authorities competent in dealing with their issues.

Article 3. Right to asylum

(1) Relations resulting from granting and exercising the right to asylum are regulated by the provisions of the Constitution of the Republic of Moldova, international documents to which the Republic of Moldova is a party, by this law and other normative acts adopted in conformity with the above mentioned.

(2) Aliens have the right to seek asylum in accordance with the conditions and procedures set by this law.

Chapter II. General Principles

Article 4. Non-discrimination

The provisions of this law shall apply to asylum seekers, refugees and beneficiaries of temporary protection without any discrimination as to race, nationality, ethnic origin, language, religion, sex, opinion, political membership, property or social origin.

Article 5. Confidentiality

(1) All the information regarding asylum seekers and refugees is confidential.

(2) Confidential information about asylum seekers or refugees can be imparted to a third party only by the consent of the former.

(3) Legal representatives of asylum seekers and refugees, as well as representatives of United Nations High Commissioner for Refugees may participate by the consent of the former in the procedure of examination of asylum applications and in the sittings of the authorities competent in dealing with refugee and asylum seeker issues.

Article 6. Prohibition of Expulsion or Return

(1) No refugee shall, in any manner whatsoever, be returned or expelled:

(2) No asylum seeker shall be expelled or returned from the territory of the Republic of Moldova, before all ordinary ways of appeal are exhausted.

(3) In case of a court decision on expulsion of a refugee, he/she shall be allowed a reasonable period of time for all necessary formalities for legal admission into another country. In case of need, safety measures provided by law are applied to this person before return or expulsion.

(4) The benefit of the provision regarding the reasonable period of time may not be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the national security of the country or who having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the public order.

Article 7. Family Unity

(1) Members of the refugee's family indicated in para. (2) of this article shall equally enjoy the right to asylum in the Republic of Moldova.

(2) Refugee status shall be equally granted to the spouse, children aged under 18 and other members of the family that accompany the refugee and are supported by him/her, on condition that they are living together, have no other nationality, and that their marriage had been concluded before the asylum was requested.

(3) The child aged over 18 or who has acquired in another way full legal capability shall not enjoy asylum, under para. (2) and shall fill in a separate application form for asylum in the Republic of Moldova. The child who was granted the right to asylum before reaching the age of 18 shall continue to enjoy this right.

(4) Members of the refugee's family who were granted the right to asylum under para. (2) shall retain this right in case of divorce, separation or death of the refugee.

Article 8. Protection of Children

The child who enjoys temporary protection, applies for refugee status or is recognised as a refugee according to the provisions of this law and to the international treaties related to this matter to which the Republic of Moldova is a party, shall receive protection and humanitarian assistance in order to enjoy his/her rights, irrespective of the fact whether he/she is accompanied by his/her parents or not.

Article 9. Naturalisation

With a view to facilitating naturalisation of refugees, optimal conditions shall be created for expediting naturalisation procedure under the conditions stipulated by Law on Citizenship no. 1024-XIV of 2 June 2000.

Chapter III. Authorities Competent in Refugee Matters

Article 10. Main Directorate for Refugees

(1) The Main Directorate for Refugees shall be the administrative authority to administer and deal with the issues of asylum seekers, refugees and temporary protection beneficiaries. The Main Directorate for Refugees functions under the Ministry of Justice. The regulation, structure and staff of the Main Directorate for Refugees shall be approved by the Minister of Justice.

(2) The Main Directorate for Refugees co-operates with public authorities as to the process of implementation of the necessary rules and procedures to ensure the observance of asylum seekers' and refugees' rights.

(3) The Main Directorate for Refugees co-operates with the United Nations High Commissioner for Refugees as to training the staff and ensuring its informational, teaching and methodological activity.

Article 11. Responsibilities of the Main Directorate for Refugees

The Main Directorate for Refugees shall:

Article 12. Director of the Main Directorate for Refugees

(1) The Main Directorate for Refugees is headed by its Director appointed by the Minister of Justice.

(2) The Director shall:

Article 13. Council for Refugees

(1) The Council for Refugees shall be set up by an order of the Minister of Justice and shall be composed of representatives of interested ministries and departments, one representative of United Nations High Commissioner for Refugees and at least one representative of the non-governmental organisations that deal with refugee issues.

(2) The Council for Refugees examines appeals against the rejection of applications for refugee status.

(3) Duties of the Council for Refugees shall be established by a decree of the Minister of Justice.

Article 14. International Co-operation

(1) The Republic of Moldova co-operates with other countries, United Nations High Commissioner for Refugees and other international bodies with a view to solving refugee issues.

(2) The Government shall co-operate with United Nations High Commissioner for Refugees in order to facilitate the execution of its duties.

(3) The Main Directorate for Refugees shall inform asylum seekers and refugees about their right to contact United Nations High Commissioner for Refugees. Its representatives can communicate with each asylum seeker or refugee on the territory of the Republic of Moldova, regardless of his/her whereabouts and get familiarised with his/her personal files.

Chapter IV. Asylum

Article 15. Asylum seeker

(1) Asylum seeker's status starts from the moment of submission by an alien of the application for refugee status and ends in issuing a decision whereby he/she is either recognised as a refugee, or his application is rejected. In case the rejection of the application is contested, the alien shall retain the status of asylum seeker until the exhaustion of all ordinary ways of appeal.

(2) Asylum seekers who entered illegally the territory of the Republic of Moldova shall be considered temporarily admitted to the territory of the country and shall not be sanctioned for their illegal entry, in case of the initiation of the procedure of granting refugee status. The treatment applied to such persons shall comply with international human rights standards and with the provisions of this law.

(3) Asylum seekers who have not crossed the state border shall be admitted to the territory of the country, upon the request of the Director of the Main Directorate for Refugees.

(4) Asylum seekers can be lodged in reception, screening and accommodation centres.

(5) For identification and evidence purposes, personal files of asylum seekers containing data related to their identity, photos, fingerprints and other data shall be made. Personal files are kept at the Main Directorate for Refugees.

(6) Asylum seekers shall be subjected to obligatory general medical examination.

Article 16. Asylum seeker’s Documents

(1) Until the decision on the application for asylum (refugee status), the Director of the Main Directorate for Refugees shall issue to the asylum seeker a temporary identity document in which family members who accompany him/her are entered too.

(2) The temporary identity document is valid for a period of 30 days with the possibility of its extension for other periods of 30 days each, until the final decision on the application.

(3) Upon handing the temporary identity document, the Main Directorate for Refugees may keep the asylum seeker's identity documents.

Article 17. Rights and Duties of the Asylum seeker

(1) The asylum seeker shall enjoy the following rights:

(2) If the asylum seeker's application is not solved within a period of 6 months, he/she, upon request, may be temporarily granted the right to labour.

(3) The asylum seeker has the following duties:

Article 18. Political Asylum

(1) In exceptional cases persons who held political, diplomatic positions or positions of public interest in other countries or in international bodies, persons who showed a remarkable attachment to, respect for and interest in the Republic of Moldova, as well as other VIPs who are persecuted in their country of origin can apply for political asylum to the President of the Republic of Moldova.

(2) Applications for political asylum shall be examined by the Commission on Citizenship and Political Asylum Issues under the Presidency of the Republic of Moldova.

(3) Conditions, rules and grounds for granting political asylum to the categories of persons mentioned in par. (1) are established by a respective regulation and approved by the President of the Republic of Moldova.

(4) Persons whose requests for political asylum were rejected can apply for refugee status.

(5) Persons who were granted political asylum have the same rights and duties as refugees.

Chapter V. Temporary Protection

Article 19. Conditions for Granting Temporary Protection

(1) In exceptional cases due to events that might provoke large-scale influxes of asylum seekers, the Government shall decide upon granting temporary protection to groups of persons.

(2) In the situations indicated in paragraph (1), at the proposal of the Director of the Main Directorate for Refugees, the Minister of Justice shall carry out an analysis of the situation, taking into account the causes of the possible influxes of people and draw up a report in this respect in which he/she suggests that the Government grant temporary protection to groups of people.

(3) Granting temporary protection shall not impede persons to have individual access to the procedure of granting refugee status.

Article 20. Cessation of Temporary Protection

(1) Temporary protection shall cease in case of:

(2) If the person who enjoys temporary protection applied for asylum under general conditions, he/she shall be subject to the provisions of art. 6 of this law.

(3) Cessation of the situation for which temporary protection is granted shall be determined by the Director of the Main Directorate for Refugees and shall be brought to the notice of every beneficiary of temporary protection.

Chapter VI. Refugee Status

Article 21. The Right to Acquire Refugee Status

The right to acquire refugee status in the Republic of Moldova shall be enjoyed by an alien who has well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or his/her political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

Article 22. Aliens who Cannot Be Granted Refugee Status

(1) Refugee status shall not be granted to an alien who:

(2) Refugee status shall not be granted to an alien who entered legally or illegally the Republic of Moldova from a third country, where he/she was not persecuted, his/her rights were not violated, his/her life and physical integrity were not endangered, from where he/she was neither expelled nor returned in terms of this law, with the exception of the cases when the alien entered the country for the purpose of family reunification.

Chapter VII. Rights and Duties of Refugees

Article 23. Rights of Refugees

(1) Refugee status confers on its beneficiary the rights provided by the law on legal status of foreign citizens and stateless persons, as well as the following special rights:

(2) When lacking means of subsistence, a refugee has the right to receive assistance to the amount and mode established by the Government. The material assistance shall be granted on condition of:

The term of granting assistance shall not exceed 6 months.

Article 24. Duties of Refugees

Refugee status holder has the following duties:

Article 25. Refugee Documents

(1) Each refugee will be issued an identity document in conformity with the procedure stipulated by the legislation.

(2) Refugees can obtain travel documents that allow them to travel outside of the territory of the Republic of Moldova, except in cases when national security or public order is endangered.

Chapter VIII. Procedure for Granting Refugee Status

Article 26. Application for Refugee Status

(1) The application for refugee status shall be submitted immediately after:

(2) Asylum seekers shall submit a written application to the Main Directorate for Refugees. The application is in the form of a questionnaire.

(3) Applications may be submitted at state border check points, or at police stations and will be forwarded to the Main Directorate for Refugees in conformity with para. (4) and (5) of this article.

(4) In respect of the persons who applied for asylum at police stations or state border check points, a report shall be drawn up in confidential conditions that shall indicate:

(5) The applicant's documents shall be sent together with his/her application and report to the Main Directorate for Refugees. The police and border guard officials shall issue to the asylum seeker a temporary certificate the specimen of which is approved by the Minister of Justice, which shall replace the temporary identity document and allow the travel to the Main Directorate for Refugees.

(6) The Main Directorate for Refugees shall register the application for asylum, all important data offered by him/her, issue a document certifying his identity to him/her, confirm the submission of the application for asylum and ensure prohibition of his expulsion or return.

(7) Application for asylum shall be submitted in the state language or in one of the languages of the States Members of the United Nations and shall contain the reasons for applying for protection on the territory of the Republic of Moldova.

Article 27. Interview

(1) The asylum seeker shall be interviewed in connection with his/her application for asylum to the Main Directorate for Refugees. If the interview does not take place upon submission of the application, the asylum seeker shall be informed as soon as possible of the date of the interview, which shall not exceed 21 days from the date of submission of the application.

(2) The asylum seeker can be interviewed in the presence of a representative of a non-governmental organisation or a lawyer. United Nations High Commissioner for Refugees' representatives have the right to assist at interviews. The asylum seeker shall answer personally the questions put to him.

(3) Upon request, the asylum seeker shall be interviewed by a person of the same sex.

(4) The asylum seeker shall present evidence to justify his/her fear of being persecuted in connection with the circumstances set in art. 21 and shall provide the necessary information concerning his/her domicile, the itinerary covered, stops in other countries, applications submitted in other countries, as well as other data relevant to the examination of the case.

(5) The Main Directorate for Refugees shall organise and conduct the interview, verify the facts stated by the asylum seeker and draw up the documentation necessary for the decision-making. The file may also contain information offered by United Nations High Commissioner for Refugees in connection to the application for asylum.

Article 28. Collection of Evidence

(1) The asylum seeker is obliged to produce evidence and co-operate with authorities competent in refugee matters, in verification of the presented facts and particularly:

(2) Doubt shall be interpreted in favour of the asylum seeker only in case if the latter has made real efforts to prove his/her narration and when his/her statement is coherent and plausible and did not contradict well-known facts.

(3) When taking a decision, the examiner shall take into consideration the information offered by United Nations High Commissioner for Refugees, the United Nations reports related to human rights, information offered by UNHCR, as well as other information.

Article 29. Eligibility Officer

The eligibility officer of the Main Directorate for Refugees shall:

Article 30. Abusive Applications

The Main Directorate for Refugees shall declare an application for asylum as being abusive when:

Article 31. Decision regarding the Application for Asylum

(1) After interviewing the asylum seeker, on the basis of the information prepared by the Main Directorate for Refugees, the Director shall take a decision:

(2) The Director's decision shall be justified and shall be brought to the asylum seeker's notice as soon as possible. Upon request a copy of the decision shall be issued to United Nations High Commissioner for Refugees.

(3) If the application for asylum is approved, the Main Directorate for Refugees shall inform the asylum seeker about the terms of asylum, rights and duties of a refugee, as well as of the fact that refugee status can be withdrawn and the right to asylum can cease under this law.

(4) If the application for asylum is rejected, the decision shall contain the right and the period for appealing against this decision, as well as the obligation to leave the territory of the Republic of Moldova within 15 days from the date of the final and irrevocable decision.

Article 32. Appeal against the Decision

(1) The Director's decision of rejecting the application for asylum can be appealed to the Council for Refugees within 10 days from its announcement to the asylum seeker.

(2) The Director's decision can be further appealed to the Court of Appeal within 5 days from its announcement to the asylum seeker.

Article 33. Decisions of Courts of Law

(1) A court of law examines the asylum seeker's or prosecutor's final appeal and expounds on the legality of the decision of the Council for Refugees by pronouncing a motivated decision.

(2) If it is ascertained that the decision of the Council for Refugees was illegal the court shall annul it and order issuance of another decision or re-examination of the case.

(3) If it is ascertained that the decision was legal, the court’s decision shall be final and irrevocable while the decision of the Council for Refugees shall be enforceable.

Chapter IX. Cessation of Refugee Status

Article 34. Withdrawal of Refugee Status

Refugee status shall be withdrawn from the alien who:

Article 35. Cancellation of Refugee Status

The alien's refugee status shall be cancelled if:

Article 36. Consequences of Cessation of Refugee Status

(1) Withdrawal or cancellation of refugee status shall have no legal effect on members of the family of the person in relation to whom such actions were taken if there is well-founded fear stipulated in para. (1) of art. 21.

(2) The alien whose refugee status was either cancelled or withdrawn shall be treated in accordance with the legal provisions regarding the legal status of aliens and stateless persons in the Republic of Moldova.

(3) The alien in whose respect the measures stipulated in art. 35 and this article have been applied, shall not be returned to the country where his/her life, physical integrity or fundamental rights could be endangered.

(4) Exception to provisions of para. (3) shall be made for the alien whose refugee status was cancelled and who by his actions endangers national security or public order in the Republic of Moldova.

Chapter X. Transitory and Final Provisions

Article 37.

(1) Until this law comes into force the procedure of examination of asylum seekers’ applications by United Nations High Commissioner for Refugees shall be carried out according to the conditions set by UNHCR.

(2) Persons who were granted international protection by United Nations High Commissioner for Refugees have the right to asylum under this law.

Article 38.

(1) The Government, central public and local authorities shall:

(2) The Government:

(3) The Ministry of Foreign Affairs shall request the United Nations' assistance to ensure the application of this law and as well as re-establish control and equip the Eastern Moldovan-Ukrainian border.

Article 39.

(1) This law enters into force on 1 January 2003.

(2) Provisions relating to the prohibition of expulsion, return and sanctioning asylum seekers enter into force as of the date of the publication of this law and are applicable to all the aliens staying on the territory of the Republic of Moldova who seek or have been granted asylum on its territory.

DEPUTY SPEAKER OF THE PARLIAMENT

Mihail Camerzan

Chisinau, 25 July 2002,

No. 1286-XV