LAW OF THE REPUBLIC OF AZERBAIJAN ON STATUS OF REFUGEES AND INTERNALLY
DISPLACED PEOPLE
CHAPTER I
GENERAL PRINCIPLES
Article 1. Definitions, used in the present Law
Refugee is a person who is not a citizen of Azerbaijan Republic and owing to well- founded fear of being
persecuted by the reasons of race, nationality, religion, membership of a particular social group or
political convictions is outside of the country of his citizenship and is unable to use the protection of the
country or unwills to use that protection because of such fear; or not having fixed citizenship and being
outside the country of his former customary residence as result of such events is unable or unwilling to
return to it, owing to such fear.
Forced Migrant is a person who is not a citizen of Azerbaijan Republic, having arrived at Azerbaijan
Republic, being forced to leave his permanent residence in other country.
Internally displaced person is a person, having moved to other place, being forced to leave his permanent
residence within the territory of Azerbaijan Republic.
Article 2. Circumstances when the refugee status is not to be granted
Refugee status is not to be granted to the person:
Regarding whom is established that he has committed a crime against peace, a war crime or a crime
against humanity and mankind as defined by the international Law
Who has committed a grave non-political crime outside of Azerbaijan republic prior to the arrival in
the territory of Azerbaijan
Who is guilty of perpetration of the actions, contradicting the purposes and principles of the United
Nations Organization
Article 3. Granting political asylum in Azerbaijan Republic to the foreigners and stateless persons
Foreigners and stateless persons are to be granted political asylum in accordance with Azerbaijan
Republic Constitution, Part 1, Article 70
Article 4. Admission of a person, willing to obtain the refugee status to the territory of Azerbaijan
Republic
Admission of a person, willing to obtain the refugee status to the territory of Azerbaijan Republic is
implemented through the border control posts in accordance with Azerbaijan Republic legislation.
Article 5. Nonameability for illegal entry
A person, having arrived in Azerbaijan Republic illegally from other state by the reasons, mentioned in
the present Law, Article 1, Part 1 and applied without delay within 48 hours but no later to the relevant
authorized body, according to his motivated decision is released from amenability, stipulated by
Azerbaijan Republic legislation
CHAPTER II
THE LEGAL STATUS OF THE REFUGEES, FORCED MIGRANTS AND INTERNALLY
DISPLACED PERSONS
Article 6. Rights and obligations of the refugees, forced migrants and internally displaced persons
The refugees exercise the rights and freedom of the citizens of Azerbaijan Republic, have the same
obligations with them if it is not stipulated otherwise by the Constitution and other legislative acts of
Azerbaijan Republic.
A person who has obtained refugee, forced migrant or internally displaced person status is to be
guaranteed in established order with following:
Free accommodation in specially assigned places until employment or getting residence within three
months, but no exceeding
Free travel and transportation of property to the temporary residence
Getting free necessary medicinal and medical assistance in the temporary residence by children,
aged, needy persons and persons who has lost supporters
Education of children in preschool institutions and of teenagers and youth in the relevant educational
institutions
Purchase of food stuffs and industrial goods in the built-up areas on the equal lines with the
permanent residents
Getting extraordinary and other grants assigned by the state
Immediate allocation of single pensioners or disabled persons in the special welfare institutions
Obtaining refugee, forced migrant and internally displaced person status within the period, stipulated
by the present Law
Raising claim for material or other damages
Right for deserved return to the former residence
The person who has obtained the refugee status is to have the rights and obligations, stipulated by the
legislation of Azerbaijan Republic for the foreigners and stateless persons.
Article 7. Adaptation, naturalization of the refugees, accommodation of the humanitarian aid
The refugee is provided with the conditions for assimilation, naturalization, learning the language,
familiarization with their rights and obligations.
The refugee may use the humanitarian aid. Citizenship of Azerbaijan Republic is obtained by the refugee
in accordance with the Azerbaijan Republic Law of Azerbaijan Republic Citizenship.
Article 8. Expulsion of the foreigners and the stateless persons
A person who can not be granted a refugee status and asylum by the present Law may be expelled from
Azerbaijan Republic in accordance with Azerbaijan Republic Law of Legal Status of the Foreigners and
the Stateless Persons.
CHAPTER III
OBTAINING AND LOSS OF THE REFUGEE STATUS
Article 9. Bodies in charge of granting the refugee, forced migrant and internally displaced person
status and depriving the refugee status
Decisions on the issues of granting the refugee and forced migrant status and depriving the refugee status
are to be adopted by the relevant executive power bodies of Azerbaijan Republic.
Article 10. Application procedure for granting the refugee, forced migrant and internally displaced
person status
The persons who propose to obtain the refugee or forced migrant status are to apply to the relevant
executive power body of Azerbaijan Republic with the application for granting them the refugee or
forced migrant status.
Consideration procedure of the application for granting the refugee, forced migrant and internally
displaced person status is to be regulated by the relevant executive power body of Azerbaijan Republic.
Article 11. The rights and obligations of the applicants for granting the refugee status
The person, applied for granting the refugee status has a right to:
Temporary stay within Azerbaijan Republic territory
Free use of translator services
Temporary employment
Medical assistance
Free use of the dwelling, provided at the temporary accommodation post until solving the issue of
granting the refugee status, within the period of three months, but no exceeding.
Freedom of religion
Contacts with the representative of the United Nations High Commissioner for Refugees
The person, applied for granting the refugee status is obliged to:
Submit to the relevant body of Azerbaijan Republic necessary information for solving the issue of
granting the refugee status
Adhere to the procedure of stay within Azerbaijan Republic territory, regulated by existing
legislation
Pass a medical examination by request of the health institutions
The person, who has applied for granting the refugee status but refuses to submit the information of
himself or submits deliberately false information regarding circumstances of the application for granting
the refugee status, could be rejected in granting the refugee status.
Article 12. The application consideration procedure of recognition the person as the refugee, forced
migrant or internally displaced person
Decision of granting the refugee, forced migrant and internally displaced person status is to be adopted
by the relevant body of the executive power of Azerbaijan Republic within three months from the day of
registration of the application for granting the refugee status and within one month for the application for
granting forced migrant or internally person status.
The refugee identity card of fixed form and also according to the Convention Relating to the Status of
Refugees of 1951 travel document, giving him the right of movement outside of Azerbaijan territory is
are issued to the person, who has been granted the refugee status and his family members, reached the
age of 16.
The refugee identity card, issued in established order is the document, certifying the refugee identity and
giving him the right to stay within Azerbaijan Republic territory on the legal base.
Article 13. Rejection of granting the refugee status
If the person is rejected granting the refugee status, within five days from the decision day he receives a
written notification, showing the rejection reasons and the procedure of appealing against adopted
decision.
Decision of rejection of granting the refugee status to the person is to be directed to the relevant body of
executive power of Azerbaijan Republic for organizing expulsion from Azerbaijan Republic territory of
the person, who has received rejection of granting the refugee status.
The decision of rejection of granting the refugee status could be appealed against in legal form.
Lodging the complaint by the person stops the arrangements of expulsion from Azerbaijan Republic
territory.
Article 14. Loss of the refugee, forced migrant or internally displaced person status
The refugee status is lost if the person:
Voluntarily availed himself of the protection of his citizenship state or his permanent residence state
Being deprived of his citizenship, voluntarily obtained it again
Obtained the citizenship of Azerbaijan Republic or new citizenship of other state and avails himself
of the protection of his new citizenship state.
Voluntarily settled down again in the state which was left by him or outside of which he stayed
owing to the fear of persecutions
Is unable any longer to reject the protection of his citizenship state for the circumstances, on the base
of what he was recognized refugee do not exist any longer (excepting the refugees, who are in
position to adduce sufficient reasons, resulting from earlier persecutions for his rejection to avail
himself of his citizenship state)
Being the stateless person may return to the country of his former customary residence for the
circumstances, on the base of what he was recognized refugee do not exist any longer (excepting the
refugees, who are in position to adduce sufficient reasons, resulting from earlier persecutions for his
rejection to avail himself of his citizenship state)
When the refugee leaving for outside of Azerbaijan Republic for permanent residence the obligations of
Azerbaijan Republic regarding the refugee are lost from the moment of crossing Azerbaijan Republic
state border by him.
Forced migrant and internally displaced person status is lost by the person:
Who returned to his former customary residence or was provided gratis with other residence in
established extent within the same region.
When it is impossible by provided residence on the level, established by the special decision of the
state
Who voluntarily exercise the protection of forced migration country in the case of elimination of the
circumstances which were the reason for the citizen of Azerbaijan Republic for forced migration
from the present country
Who voluntarily left Azerbaijan republic territory for other country
Article 15. Deprivation of the refugee status and prohibition of expulsion, extradition or forced
return of the refugees
The person is deprived the refugee status if he:
constitutes threat for the state security or public order
has obtained the refugee status owing to submission of deliberately false information or fake
documents
has been sentenced for grave crime to deprivation of freedom by the court decree which came into
legal force
The refugee and the person, applied for the refugee status as well could not be expelled, extradited or
returned forcibly to the state where the conditions, stipulated by the present Law, Article 1 still exist,
which are the reason for obtaining or intention for obtaining the refugee status by him.
The person, applied for obtaining the refugee status could not to be expelled, extradited or returned
forcibly until making decision on his issue by the relevant body of the executive body.
Decision of the refugee status deprivation, expulsion, extradition or forced return of the refugee and the
person, applied for obtaining the refugee status as well is adopted by the court on the grounds of
application of the relevant body of the executive power.
CHAPTER IV
SOCIAL SUPPORT OF THE REFUGEES, FORCED MIGRANTS AND INTERNALLY
DISPLACED PERSONS
Article 16. Employment of the refugees, forced migrants and internally displaced persons
The refugees, forced migrants and internally displaced persons exercise promotion when choosing work
place from the side of the state organs in charge of employment issues.
Restoration of the continuous record of work is carried out by the new work place in the order, stipulated
by the legislation.
The refugee, forced migrant or internally displaced person is paid average salary by new specialty at new
work place in connection with qualification improvement or obtaining a new profession for the period of
giving up the work. Salary differential for whole work period, connected with re-qualification without
giving up the work is paid by institutions, enterprises and organizations, which signed employment
contract with the refugee, forced migrant or internally displaced persons.
Article 17. Provision of the refugee, forced migrants or internally displaced persons with dwelling
Provision of the refugee, forced migrant or internally displaced person with temporary or permanent
living room is carried out by the relevant bodies of executive power of Azerbaijan Republic in the order,
established by the government of Azerbaijan Republic in accordance with the current legislation.
The refugee, forced migrant or internally displaced person is reimbursed the expenses, connected with
movement from the temporary residence to the permanent residence and work place in established order
and amount.
By the will of the refugee, forced migrant or internally displaced person he is granted with gift purposeoriented loan for the period of ten years and also a land plot in the extent, stipulated by the legislation,
depending on living area.
When buying a flat or dwelling-house on the basis of private property by the refugee, forced migrant or
internally displaced person the operations, carried out are free of notaries fees.
Article 18. Taxation of the refugees, forced migrants or internally displaced persons
The refugees will not be imposed by any taxes, duties and fees, excepting those, which are collected from
the citizens of Azerbaijan Republic.
Provisions of the first part of the present Article do not cover the fees, connected with issue of the
relevant administrative documents.
CHAPTER V
CONCLUDING PRINCIPLES
Article 19. Responsibility for breach of the present Law
Officials bear the responsibility in the order, stipulated by the legislation of Azerbaijan Republic for
breach of the present Law.
Article 20. International cooperation on the problems of the refugees
Azerbaijan Republic cooperates with other states, international organizations and first of all with the
Office of the United Nations High Commissioner for Refugees with the purposes of elimination of the
reasons, emerging the problems of the refugees and forced migrants, improvement of their economic
conditions and development of the legal status and also voluntary return of the refugees and forced
migrants to the country of their permanent residence.
Article 21. Order of the present Law coming into effect
The present Law comes into effect from the promulgation day.
21 May 1999