Refugees and asylum in Russia
The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside their country of nationality or habitual residence; has a well-founded fear of persecution because of their race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail themself of the protection of that country, or to return there, for fear of persecution". Upon receiving an asylum seeker's application, the Russian Migration Service determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum.
As of year end 2006, 1,020 people have been granted temporary asylum status and 405 people have been granted full refugee status by the Russian government. It is estimated, however, that there may be as many as one million "undocumented foreigners" on Russian soil awaiting initial access to the procedure of refugee status determination. The Russian authorities are notorious for denying refugee status to asylum seekers – with the approval rate for refugee status at only 2-5% of applicants. As of 2022, 1,230,131 people have been granted asylum in Russia.
According to an April 2007 report, individuals from Afghanistan constitute the largest number of asylum seekers in Russia. According to Vladimir Rucheikov, head of asylum issues in the Citizenship Department of the Federal Migration Service of Russia, Afghanis make up over 70% of all submitted applications. Additionally, Afghans make up the majority of those that actually gain refugee status. Asylum seekers in Russia also originate from various African and Middle Eastern countries.
Given the significant difficulty in obtaining refugee status, many asylum seekers seek non profit legal representation, that help them consider the most durable and realistic solution for them and their family. Without legal assistance, the legal intricacies of the Law on Refugees are likely to be overlooked, and their application for asylum could be denied regardless of the legitimacy of their claim.
The Convention relating to the Status of Refugees was adopted at a special United Nations conference. The Soviet Union, however, never ratified the 1951 Convention, partly because it viewed the Convention as a treaty whose standards "were dictated by the Western Countries".
After the collapse of the Soviet Union in 1991, however, a large number of people from the former Soviet Union republics migrated into the Russian Federation. In direct response to the dramatic migration into the country, Russia, in 1992, accepted the establishment of the UNHCR and established the Federal Migration Service. A year after establishing the FMS, Russia acceded to the 1951 Convention and enacted specific legislation to address the increased migration.
In 1993, Russia adopted three laws to address the issue of migration. The first law, incorporated under the Russian Constitution, grants individuals the right to claim political asylum in Russia. The second law, the Law on Forced Migrants, addressed those asylum seekers who either already had Russian citizenship or were qualified to obtain it. These migrants were mainly people living in FSU republics, with or without Russian citizenship, that were forced to move to Russia after the fall of the Soviet Union for economic reasons. The Law on Forced Migrants allowed these individuals to freely and legally move to Russia. The third law, the Law on Refugees, addressed those asylum seekers coming from states other than the former Soviet Union republics, or the "far abroad". In effect, the laws enacted in 1993 were meant to offer protection first to former Soviet citizens, and second to citizens of all other countries. In fact, the dominant interpretation of the 1993 Law on Refugees was that refugee status was to be granted only to asylum seekers from the "near abroad". However, as Russia began to develop in the mid 1990s, large numbers of individuals fearing persecution for various reasons in the Middle East, Africa, and Asia viewed Russia as a safe place to migrate to. In response, in 1997, Russia amended and replaced the 1993 Law on Refugees to better address those individuals who have traveled to Russia in need of international protection.
Russia’s current law on refugees
The 1997 Law on Refugees, though slightly amended in 1998 and 2000, represents the Russian Federation’s current legislation on refugees.General process of attaining asylum in Russia
According to Article 4.1, an asylum seeker who enters the Russian Federation illegally must file an application with the regional Ministry of Interior within 24 hours. According to a 2002 World Refugee Survey, the majority of applications that have been submitted to regional MOI offices are from foreigners who have entered illegally. While an individual cannot be detained for illegally entering Russia for the purposes of applying for asylum, the penal code allows the government to imprison illegal immigrants including unregistered asylum seekers – making it even more imperative to meet the 24-hour deadline. Even though the 24-hour limit can be relaxed, Article 5.1 states that a violation can serve as the basis for denial of a substantive evaluation of an applicant's claim.In the application, the asylum seeker must describe in detail the situation in his home country and the reason why the FMS should grant him refugee status. Once the asylum seeker has registered and has an application filed with the MOI, the individual can either stay in a Temporary Accommodation Center or find another place to live until his status is determined.
According to Article 4.6, once an application is received, the Russian authorities should issue a certificate to asylum seekers. The FMS will then conduct a Refugee Status Determination, a process that could take up to one year. The FMS will first assess the admissibility of the asylum seeker's claim and, if found admissible, then examine the individual case on the merits. Article 3.3 states that these determination must be based on an interview, completion of a questionnaire and examination of the credibility of the data provided. If the application is denied and the applicant does not appeal to the Russian courts, the individual becomes immediately excluded from the Law on Refugees. The Department of Passport and Visa Registration of the Ministry of Internal Affairs begins the process of deporting the individual. If the individual does not leave in the specified time frame, usually six months, the Ministry can detain the individual. However, Article 12.2 allows the FMS to grant temporary asylum to those individuals who cannot be deported for humanitarian reasons. This concept of "non-refoulement", or expressly prohibiting the expulsion of a refugee into an area where she or he might be again subjected to persecution, is well documented in the 1951 Convention – but not explicitly stated in Russian law. Russia's answer to the fundamental principle of non-refoulement is to offer temporary asylum status, subject to revocation, to those who might again be subject to persecution.
If the applicant is determined to be a legitimate refugee and is granted asylum by the FMS, he will immediately be entitled to receive travel documents and a refugee ID card. It is important to note, however, that the refugee status is only granted on a temporary basis. According to Article 7.9, refugee status can be granted for up to three years, after which it must be extended on an annual basis. Once declared a refugee by the Russian authorities, the refugee can then apply for Russian citizenship.
Throughout the entire process, the asylum seeker is without a certificate of registration with the police – a requirement for all Russian citizens and visitors of Russia. Because most asylum seekers do not have legal status, they cannot obtain the necessary propiskas. This lack of registration typically leads to multiple fines and arrests, which can ultimately affect the asylum seeker's ability to attain "refugee" status – as the FMS can exclude the individual from an RSD if he has committed any crimes, even minor ones, in Russia.
Admissibility of Claim Determination - Exclusionary Provisions
According to the Law on Refugees, some asylum seekers will be explicitly excluded from being considered refugees before any substantive determination is made by the FMS.Article 2.2 excludes asylum seekers who have fled their country of origin for "economic reasons due to hunger, epidemic, or natural or man-made emergencies".
Article 5 of the Law describes in which circumstances a claim shall not be considered on its merits. These include: if there is a criminal proceeding against the applicant for allegedly committing a crime in Russia; the case of repetitive applications; the case in which the applicant has received a negative decision on refugee status in any State that has acceded the 1951 Convention; the principle of safe third country – the case in which an asylum seeker arrived in Russia from a country where he could have claimed asylum; the case of asylum seekers who did not flee persecution and who are unwilling to return owing to fear of punishment for their illegal departure or for another offence committed in their home country, and; the case of asylum seekers who illegally enter Russia and do not apply for refugee status within 24 hours from the moment of entry.