On recognition as illegal and cancellation of the decision on refusal to grant refugee status, on the obligation to review the decision on granting refugee status in the territory of the Republic of Kazakhstan
No. 6001-24-00-6ap/722 dated January 14, 2025
Plaintiff: A.A.
Respondent: KSU "Department of Employment and Social Programs" (hereinafter referred to as the Department)
The subject of the dispute: on recognition as illegal and cancellation of the decision on refusal to grant refugee status, on the obligation to review the decision on granting refugee status in the territory of the Republic of Kazakhstan
Review of the plaintiff's cassation complaint PLOT:
The plaintiff applied to the Office for refugee status for him and his family, as he is a political activist and opposes the regime. Iran, he is wanted for political activities.
activities and actions against the Islamic Republic, as well as for opposition to the Iranian regime and cooperation with Iranian opposition networks. The plaintiff also motivated his claims by the fact that he was sentenced to 7 years in prison.,
74 lashes and execution for opposing the regime of the Islamic Republic, as a person with confidential military information, as indicated by a court decision, in connection with which he and his family were forced to flee their native country and seek refuge in the territory of the Republic of Kazakhstan, currently continues his political activities, owns major news media, by television and radio channels, all supporting documents were submitted to the defendant's Commission in full.
The plaintiff was denied refugee status on the basis of subparagraph 1) of Article 12 of the Law of the Republic of Kazakhstan "On Refugees" (hereinafter referred to as the Law), according to which the grounds for refusing to grant refugee status to an asylum seeker are the absence of reasonable fears that the person may become a victim of persecution based on race, nationality, religion, citizenship belonging to a particular social group or political beliefs.
The plaintiff challenged the refusal in court, believing that, in his opinion, the legislation of the Republic of Kazakhstan does not explicitly require the submission of documents to confirm the words of an asylum seeker, but only provides for the obligation to provide reliable information necessary to resolve the issue of granting refugee status.
Judicial acts:
1st instance: the claim was denied.
Appeal: the decision of the court of first instance remains unchanged.
Cassation: judicial acts in this case are upheld.
Conclusions: The local courts motivated the rejection of the claim by the fact that the plaintiff and his family members, as individuals, are not of interest to the Government of Iran, they have not been persecuted on the grounds of race, nationality, religion, citizenship, membership in a particular social group or political beliefs, and there is no evidence confirming that they have legitimate fears of becoming a victim of persecution on these grounds; contrary to the duty of proof (subparagraph 3) of the second part of Article 129 of the CPC), they did not provide evidence in favor of the adoption of administrative acts favorable to them on granting refugee status and the existence of facts that they were persecuted by the Iranian authorities, participated in hostilities, and also engaged in political or public activities.
At the same time, the obligation to submit original documents and
The materials confirming the validity of the application for refugee status are assigned to the applicant. Confirmation of fears of becoming a victim of persecution are documents from official authorities, including the court, police, prosecutor's office, State security, on bringing to justice in the State of his nationality or former habitual residence, as well as information from the media.
The courts found that there were no well-founded fears of persecution on all grounds specified in the "criteria" defining the concept of "refugee" in the Law, as they did not provide them during the interview and at the meeting of the Commission for the Implementation of the procedure for granting, extending, depriving and terminating refugee status in the Republic of Kazakhstan.
The plaintiff's arguments about his possible persecution and threats to their lives in Iran have not been confirmed, they are based solely on the plaintiff's own assumptions.
In accordance with subparagraph 4) of article 12 of the Law, the grounds for refusing to grant refugee status to an asylum seeker are the circumstances if the person arrived directly from the territory of a safe third country.
It follows from the case file that the plaintiff and family members arrived in the territory of the Republic of Kazakhstan on August 3, 2022 from the Republic of Tajikistan.
Having checked the above and other conclusions of the local courts for their compliance with the circumstances of the case and the applicable legal norms, the judicial board considered that the judicial acts contested by the cassator were rendered lawfully and reasonably.
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