Refugees and internally displaced persons are statuses established by Russian federal law that are assigned to persons who need a temporary or permanent place to live or asylum in connection with difficult life circumstances. For persons recognized by law as migrants or refugees, special measures of social and preferential provision are developed. They also have a special procedure for formalizing and obtaining the status of refugees and internally displaced persons. Let's talk about this in more detail.
Internally displaced person and refugee - what is the difference?
At first glance, these are two identical concepts. In practice, the situation is different.
Refugees and internally displaced persons under Federal Law No. 4528-1 and No. 4530-1 differ mainly in citizenship. The first article of federal law No. 4528-1 indicates that a refugee is considered to be a person who needs asylum due to the fact that there is a real threat of persecution against him on grounds of national, religious or racial intolerance.
One of the most important reasons for obtaining refugee status is that on the territory of his state this person does not have support or does not want to receive it. Therefore, to receive assistance and support, a foreign citizen moves to the territory of the Russian Federation.
IDP status
Forced migrants from refugees in the Russian Federation are distinguished by the presence of Russian citizenship. In this case, the resettlement of a citizen occurs within the territory of the country or the person returns to the Russian Federation to shelter from illegal persecution abroad.
Upon resettlement, the right to obtain a new place of residence is received by the person (migrant) and his family members (spouse, children, parents) if they live with the migrant. At the same time, a citizen has the right to issue official status only for himself. Relatives do not need to do this.
Resettlement in the country due to the negative economic situation in the region or a crime committed by a citizen does not give him the right to receive official status of a migrant. Also, this does not give the right to receive appropriate benefits and other privileges.
Who is eligible to receive a residence permit?
An adult is entitled to receive refugee and IDP status in the Federal Law, who has applied in person or through a representative (for health reasons) with a written application. It is necessary to apply within a year from the moment of moving to the region of Russia, to the corresponding department of the body of the Federal Service for Migration in Russia.
The right to apply for the acquisition of the status of a migrant can be used by the following categories of persons:
- stateless persons who wish to reside in the territory of the Russian Federation;
- foreign citizens planning to move to Russian territory;
- foreigners who are legally entitled to relocate to Russian territory.
If a person is a criminal, illegal migrant or citizen who has violated any of the rights of others, he is not entitled to receive the status of a migrant.
Status Criteria
The similarities and differences between refugees and internally displaced persons are in the following criteria:
- The order of receipt. Foreign citizens go through a more complicated procedure for obtaining status, since, among other things, they need to obtain Russian citizenship in order to further change their status. Immigrants (Russian citizens) undergo an easier procedure for documenting their legal status.
- Citizenship. The home country of the migrant is the Russian Federation, and for the refugee, the home country is a foreign country.
- Duration of acquired status. The validity of the legal status of refugees and internally displaced persons is very different. Refugees are entitled to receive their status indefinitely with timely passage or re-registration every eighteen months. Immigrants receive status for five years and can renew it by submitting an application and going through all the registration procedures again.
- Documentation. Most often, foreign citizens are required to present a passport, and Russian citizens - a large number of additional papers and information.
- Social Security. Further social support for persons in refugee or internally displaced persons status is determined differently in different regions, although the overall size and categories of assistance for both groups are similar.
Refugee rights
Refugees are considered socially vulnerable citizens who need refuge from harassment.
Therefore, for public rehabilitation, they are granted the following rights and types of assistance:
- assistance in moving and carrying luggage;
- the right to use the services of a translator in order to familiarize yourself with the rules of stay in the country and its legislation;
- a one-time payment to a refugee person and to each of his family members in the amount of one hundred rubles or more;
- referral to places of temporary settlement or stay;
- assistance in obtaining medicines and qualified medical care;
- provision of necessary communal products and services;
- referral to temporary accommodation centers for training;
- the right to refuse the status and withdraw the application.
Rights of immigrants
The rights of internally displaced persons and refugees are similar in many respects. The rights of immigrants are as follows:
- one-time payment to a person-displaced person in the amount of one hundred rubles or more;
- referral to places of temporary settlement;
- assistance in moving and carrying luggage;
- providing with necessary products during the period of residence in the place of temporary settlement;
- assistance in obtaining medicines and qualified medical care.
The place of residence of internally displaced persons, as well as refugees, is determined by the Federal Migration Service taking into account the wishes of the citizen indicated in the relevant application.
Responsibilities of Migrants and Refugees
This is a very important point. The legal status of internally displaced persons and refugees, along with rights, determines their responsibilities.
These include:
- Compliance with Russian legislation at the federal level, at the level of subjects and local government.
- Passing a compulsory medical examination in the amount, manner and terms established by the current legislation of the country.
- Compliance with the rules and norms of living in temporary resettlement centers, as well as sanitation and hygiene.
- Providing the representatives of the migration service with reliable information about themselves and their loved ones that the authorized bodies and persons need to know in order to make an appropriate decision on assigning the requested status or refusing it.
Clearance procedure
In order to obtain the status of an internally displaced person or refugee with their rights, in accordance with the Convention, it is necessary to send a written application to the authorized body for consideration of such issues. From the state, the territorial department of the migration service deals with such issues.
In order for the migration service to accept the application from the applicant, the citizen must submit the following documents:
- application (application);
- identity document (passport or other document replacing it with a type of certificate);
- birth certificate;
- marriage certificate (if the wife migrates with the citizen);
- birth or adoption certificates of children (if necessary);
- photos (two pieces).
If a citizen cannot, for objective reasons, represent his interests himself, it is also necessary to submit papers confirming the powers of the representative.
Based on all submitted documents, the migration authority determines the place of the migrant’s future residence and issues a certificate to him.
Examination of the application
The Federal Law on Internally Displaced Persons and Refugees determines the stages of consideration of an application. This is due to the need to carefully verify information about the applicant himself and his family members.
A petition submitted by a person shall be considered on the merits by the authorized body. There are only three general stages of consideration:
- Studying the submitted documents.
- Making a decision on recognizing a person as a forced migrant or refugee and protecting him in the future. Or acceptance of a refusal to grant such a status.
- Issuance of a certificate or certificate of status. In case of refusal, a corresponding notification is issued.
If a citizen cannot, due to circumstances, present a document that confirms his identity, an identification procedure is carried out in relation to him. Only an adult is entitled to be an applicant, therefore information about his minor children and other dependents is included in the application of the adult (parent or guardian).
With respect to refugees, a more serious verification procedure is envisaged, since the migration authorities will need to provide housing and living assistance to unauthorized persons who are not citizens of the Russian Federation.
Unlike refugees, internally displaced persons go through easier verification stages if their papers do not contain defects or irregularities. If all the documents are in order, within three days they are assigned refugee status or give a reasoned refusal.
Refugees, in addition to submitting a package of documents, undergo additional stages of questionnaires and surveys for the migration service to make an appropriate decision. If all stages are completed, citizens receive a certificate or certificate in confirmation of the status received.
The certificate issued on the basis of the decision taken is considered an official document replacing the citizen's passport. The certificate is valid in all parts of the Russian territory.
Organs
The issue of granting the status of a forced migrant and refugee is decided not only by the Federal Migration Service, but also by other bodies, depending on the circumstances.
If a foreign refugee citizen has not yet arrived on Russian territory, his application is considered primarily by a diplomatic mission or the establishment of a Russian consulate.
If a foreign refugee citizen was forced to illegally cross the Russian state border at a checkpoint or outside a checkpoint, in a twenty-four hour period his case is considered by the border control authority of the federal executive authority in the sphere of border services or the territorial department of the federal executive authority for internal affairs.
The case may also be considered by the immigration control post of the federal executive authority in the field of migration or by the border control authority of the federal executive authority.
All these authorities can consider the case and decide on the issuance of a document (certificate) that the application will be examined on the merits, or that the person will be refused consideration. The specified document is issued personally in the hands of the applicant or his official representative.
Federal law determines that, regardless of the body that received the application, this document must be submitted to the federal migration service within three days from the date of receipt.
Refusal of refugee or refugee status
The Federal Migration Service in the Russian Federation has the right to refuse to grant asylum and registration of the status of a migrant or refugee in the following cases:
- a criminal case has been opened against the applicant;
- the absence in the country of residence of the refugee of the circumstances referred to by the citizen (lack of persecution, repressive measures, nationalist protests, etc.);
- with respect to the applicant, an informed decision was earlier made about refusing to grant asylum and granting refugee status to any of the states that are parties to the 1951 Convention and the 1967 Protocol (while the legislation of this state in matters of granting political asylum to refugees should not contradict Russian legislation);
- a citizen arrived from another foreign country that could provide him with political asylum and refugee status;
- the applicant missed the statutory deadline for submitting an application;
- a citizen left the state of residence on unlawful circumstances, because of which he may be punished for illegal departure;
- the applicant did not provide the requested information about himself or the circumstances of his arrival in Russian territory;
- a citizen has committed a criminal offense in the territory of the state of residence;
- the applicant is in a registered marriage with a Russian citizen, which gives him the right to obtain permission to reside permanently in Russia;
- a citizen already has permission to reside permanently in Russia.
If the migration service decided to refuse to recognize a foreign citizen who is not on the territory of Russia as a refugee, the notice period is extended. The migration service shall send a written reasoned refusal within five days to the establishment of the consulate or diplomatic mission. Then, within three days, the applicant is given a corresponding notice indicating the reason for the refusal. The appeal procedure and legal status of the applicant and his close relatives on Russian territory are also explained.
If a rejected citizen was present at the checkpoint on the Russian border while filing a petition, he must leave the Russian territory within three days from the receipt of the refused notice.
If the applicant was forced to illegally cross the Russian border, the obligation to leave the country is extended to one month from the receipt of a written notice.
Citizens with refugee or refugee status enjoy great social support from the Russian state. At the same time, any serious violation of the obligations established by law in relation to these persons threatens with immediate deportation.