Article 11. Granting refugee status to the Refugee Act

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1. The decision on granting refugee status is made by the local executive body within three months from the date of registration of the application for refugee status, provided that the person passes fingerprint registration in accordance with the legislation of the Republic of Kazakhstan.

In cases where additional verification is required to make a decision, the final decision is postponed for a period of no more than one year.

2. The recognition of persons who are members of the same family as refugees is carried out in respect of each family member who has reached the age of eighteen, taking into account the circumstances provided for in subparagraph 1) of Article 1 of this Law.

In the absence of the circumstances provided for in subparagraph 1) of Article 1 of this Law, in respect of one of the family members who has reached the age of eighteen, in order to ensure family reunification, this family member, with his consent, is also recognized as a refugee.

The requirements of this article, as well as articles 10, 12, 13 and 14 of this Law, shall apply to the spouse of a person who has received refugee status or applied for asylum in the Republic of Kazakhstan for the purpose of family reunification.

The spouse and minor children of a person who arrived in the territory of the Republic of Kazakhstan later than a person who received refugee status in the Republic of Kazakhstan or an asylum seeker must submit evidence and/or documents confirming their family relations to the local executive body when applying for family reunification.

In case of violation of family unity as a result of a divorce or death of a refugee, the refugee status of his family members remains for the duration of the decision to grant him refugee status.

3. Recognition as a refugee of a person who has not reached the age of eighteen and has arrived in the territory of the Republic of Kazakhstan without parents or legal representatives is carried out taking into account the interests of this person in accordance with this Law after receiving information about the parents or legal representatives.

4. If a child is born to a person recognized as a refugee, the legal status of the child is determined in accordance with the legislation of the Republic of Kazakhstan.

5. Refugee status is granted for a period of one year. The person who has been granted refugee status is issued a refugee certificate by the local executive body of the region, the city of republican significance and the capital within five working days from the date of the decision.

If the former circumstances that served as the basis for granting refugee status remain in the refugee's country of origin, the term of refugee status is extended for one year and for each subsequent year by the local executive body of the region, the city of republican significance and the capital on the basis of the refugee's application submitted one month before the end of the specified period.

6. If the asylum seeker is denied refugee status, the local executive body of the region, the city of republican significance and the capital, within five working days from the date of the decision to refuse, shall hand over or send to the asylum seeker a copy of the decision indicating the reasons for the refusal and explaining the procedure for appealing the decision.

The Law of the Republic of Kazakhstan dated December 4, 2009 No. 216-IV.

This Law defines the legal status of asylum seekers and refugees in the territory of the Republic of Kazakhstan.

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Republic of Kazakhstan

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