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Refugees

THE LAW OF THE REPUBLIC OF ARMENIA

ON THE AMENDMENTS TO BE MADE IN THE LAW OF THE REPUBLIC OF THE ARMENIA ON REFUGEES

19.03.2002
Non official translation
Article 1. In the preface of the Law of the Republic of the Armenia after the words ''loss of the refugee status'' to add the words ''to grant temporary asylum as well as to foreign citizens or persons without citizenship''.

Article 2. To amend the 1st article of the Law with the new paragraph having the following content:

''temporary asulum - the right of the foriegn citizen or person withot citizenship for temporary residence the territory of the Republic of Armenia, in accordance with article 21.1 of the Law ''

Article 3. To add the VI.1 chapter having the following content after the article 21 of this Law:

CHAPTER VI.1.
GRANTING TEMPORARY ASYLUM TO THE FOREIGN CITIZEN OR TO THE PERSON WITHOUT CITIZENSHIP

Article 21.1. The basis of granting temporary asylum to the foreign citizen or to the person without citizenship

The foreign citizen or the person without citizenship has the right to apply to the competent body and receive temporary asylum in the order prescribed by the Government of the Republic of Armenia.

a) A foreign citizen or a person without a citizenship can be given temporary asylum in the Republic of Armenia if:

his/her data correspond to the criteria of this law for receiving a refugee status, yet s/he submits a written application to the responsible body in order to receive temporary asylum in the territory of the Republic of Armenia.

his/her data does not correspond to the criteria of this law for receiving a refugee status, but due to the fear of being tortured, subjected to inhuman or degrading treatment, or threat to his/her life, security or freedom because of war situations, s/he cannot or is not willing to return to the country of his/her citizenship or of former permanent residence.

Temporary asylum is granted for one year. After that this period can be extended if there are bases for granting temporary asylum.

Article 21.2. The Rights and Obligations of Persons who had Applied for Temporary Asylum and have received it

Persons who have applied for temporary asylum to the responsible body have the rights regulated for the persons who have applied for a refugee status ( except the right of receiving a lump-sum allowance, in a manner defined by the RA government), as well as the obligations.

The persons who have received temporary asylum have the rights regulated for the persons who have been granted refugee status (except the right of electing during the elections of the local autonomous bodies), as well as the obligations.

Article 21.3 A Document Certifying Temporary Asylum

The competent authority shall issue a certificate of temporary asylum, the description and procedure of its provision is defined by the RA Government, to the person who has been granted temporary asylum.

The certificate of temporary asylum is considered to be a base for a person to legally reside in the territory of the Republic of Armenia.

Article 21.4. The Cessation of Temporary Asylum and Withdrawal of Temporary Asylum

Temporary asylum ceases if

a) the circumstances which have served as a base for the provision of a temporary asylum in the Republic of Armenia are not existing anymore

b) the person have received a refugee or any other legal residence status

c) the person has acquires the citizenship of the Republic of Armenia or of any other foreign country

d) the person has left the Republic of Armenia for a permanent residence in some other country

e) the period defined by the article 21.1 of this law has expired

A person looses temporary asylum if

a) s/he has provided false information or documents which were taken as a base for granting him temporary asylum

b) the person can be of danger to the security of the Republic of Armenia.

Article 21.5. The deportation of the person in case of the cessation of temporary asylum or its withdrawal

In case of the cessation of temporary asylum or its withdrawal, as proposed by responsible state authorities, a person has to leave the Republic of Armenia in 5 days time if s/he does not have other legal bases to reside in the territory of the Republic of Armenia.

The person, who refuses to leave the Republic of Armenia in the proposed time frame, is subject for deportation in the manner prescribed by the legislation of the territory of the Republic of Armenia

President of the Republic of Armenia
Robert Kocharyan

April 10, 2002
AL-314