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Non official translation THE REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OF THE LAW ON REFUGEE STATUS IN THE REPUBLIC OF LITHUANIA 4 July, 1995, No. I-1004 Vilnius (As amended 29 June, 2000, No. VIII-1784) (Valstybės Žinios, 1995, No. 63-1578; 1996, No. 29-707; 1997, No. 108-2734; 1998, No. 65-1879) Article 1. New Edition of The Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania” To amend the Republic of Lithuania Law “On Refugee Status in the Republic of Lithuania,” and to render it as follows. THE REPUBLIC OF LITHUANIA LAW ON REFUGEE STATUS CHAPTER I GENERAL PROVISIONS Article 1. Purpose of the Law This Law shall establish the conditions and procedure for granting and withdrawing of refugee status to asylum seekers in the Republic of Lithuania, refugee’s rights, duties, responsibility, grounds for entry and expulsion and basis of social integration of refugees. Article 2. Basic Definitions of this Law 1. Refugee is a person who owing to a well-founded fear of persecution for reasons of race, religion, nationality, belonging to a particular social group or political conviction, is unable or fears to avail himself of the protection of the state of which he is a national, or if he does not have the relevant nationality and is outside the borders of the state, of his former habitual place of residence, and for the aforementioned reasons is unable or fears to return to it. 2. Alien, who has filed an application for refugee status (hereinafter referred to as an alien) is an alien, who seeks refugee status in the Republic of Lithuania under the 1951 Convention and the 1967 Protocol, relating to the Status of Refugees pending a decision on his request. 3. Application for Refugee Status is the oral or written application by an alien seeking protection in the Republic of Lithuania who requests refugee status under this Law. 4. Detention of Alien is the restriction of movement of an alien under this Law. 5. Temporary Settlement of Alien is settlement of an alien in a location designated by the Migration Department under the Ministry of the Interior (further - Migration Department). 6. Temporary Territorial Asylum is the right accorded to an alien by the Migration Department to remain in the Republic of Lithuania, while his petition to be accorded refugee status is being examined as to substance. 7. Manifestly Unfounded Application for Refugee Status is an application to be granted refugee status in the Republic of Lithuania, which clearly lacks evidence of persecution in his country or is based upon false pretences, or which is abusive of the procedure for the determination of refugee status and due to the aforementioned reasons does not meet any of the basic criteria of the 1951 Convention and the 1967 Protocol relating to the Status of Refugees. 8. Examination of Application on its Merit is an examination of the application of an alien for refugee status, during which time, it shall be determined on the basis of data contained in their case files whether they fulfil the criteria of refugee status within the meaning of this Law. 9. Examination of Application under General Procedure is an examination on its merit of the application for refugee status where there are no reasons for examining them under emergency procedure. 10. Examination of Application under Emergency Procedure is the examination on its merit of an application for refugee status where it has been established that there are reasons specified in this Law for examining them as soon as possible. 11. Registration Certificate of an Alien is a certificate issued by the Migration Department which confirms the right of an alien to enjoy temporary territorial asylum in the Republic of Lithuania while his application for refugee status is examined on its merit. 12. Travel Document of a Refugee is a document issued by the Migration Department to an alien who has been granted refugee status entitling him to leave and return the Republic of Lithuania during the term of validity of said document. 13. Country of Origin is a state of nationality of an alien or, where it is impossible to determine his nationality or he has no nationality, the country of his former habitual residence. 14. Safe Country of Origin means a country of origin of a person where the legal system, the legal norms applied and political relations do not result in persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, where nobody is submitted to cruel, inhuman or degrading treatment and is not punished in like manner, and where human rights and fundamental freedoms are not violated. 15. Safe Third Country is a state, which is not the country of origin of an alien, however it is a participant in the 1951 Convention on the Status of Refugees and (

  1. or)1967 Protocol on the Status of Refugees and also, the 1950 European Convention on the Protection of Human Rights and Fundamental Freedoms and (
  2. or)the 1966 International Pact on Civic and Political Rights, which applies the provisions of these documents and, based on international laws, provides concrete opportunity to petition for refugee status and to obtain such according to established procedure. Article 3. Right of Alien to Apply for Asylum and Obtain Refugee Status in the Republic of Lithuania 1. An alien shall have the right to apply for and obtain refugee status in the Republic of Lithuania according to the procedure established by this Law. 2. Application of any alien to obtain refugee status must be examined on its merit, with the exception of the instances specified in Article 10 of this Law. Article 4. Refusal to Grant Refugee Status 1.The status of refugee shall not be granted to an alien who meets the criteria set forth in paragraph 1 of Article 2 of this Law, if: 1) he enjoys the assistance and protection of the institutions or organisations of the United Nations Organisation, with the exception of the United Nations High Commissioner for Refugee Affairs; 2) institutions of competent authority of the country, where he resides, recognise his rights and obligations related to the nationality of that country; 3) there is reason to assume that prior to his arrival in the Republic of Lithuania he committed a serious non-political crime or is guilty of actions, contradictory to the goals and principles of the United Nations Organisation. 4) there is reason to assume that he has committed a crime against peace, humanity, or a military crime, as said crimes are defined in international agreements of the Republic of Lithuania; Article 5. Cessation of Refugee Status 1. The refugee status accorded to an alien shall be withdrawn if he: 1) has voluntarily availed himself of the protection of the state of which he is a national; 2) has voluntarily recovered his lost nationality; 3) has acquired a new nationality and enjoys the protection of the country of his new nationality; 4) has voluntarily re-established himself in the country, which he had left or outside the borders whereof he remained owing to fear of persecution; 5) can not refuse to avail himself of the protection of the country of his nationality, because the circumstances with which he has been recognised as a refugee have ceased to exist; 6) being a person having no nationality he is able to return to the country of his former habitual residence because the circumstances in connection with which he has been recognised as a refugee have ceased to exist; 7) has acquired refugee status the Republic of Lithuania, through methods of deception, excepting those instances where the information submitted about himself had no essential bearing upon adopting the decision to grant him refugee status. 2. The provisions of subparagraphs 5 and 6 of paragraph 1 of this Article, shall not apply to refugee, if he invokes compelling reasons, for fearing persecution in a country of his former habitual residence, whereto he refuses to return. 3. The Decision on withdrawing refugee status shall be adopted by the Migration Department. 4. In cases cited in paragraph 1 of this Article, a refugee may appeal the decision concerning withdrawal of refugee status to the Vilnius Administrative Court, within one month from the date of communication of said decision. Article 6. Inapplicability of Liability for Illegal Entry and Stay in the Republic of Lithuania Liability shall not be applied to aliens, who have unlawfully entered the territory of the Republic of Lithuania (i.e., have not been admitted through the state border point, in accordance with the procedure established by Republic of Lithuania Government or an institution authorised by
  3. it)from a country where their life or freedom was threatened, for unlawful entry and presence in the Republic of Lithuania, provided they present themselves without delay and no later than within 24 hours to the institutions referred to in Article 8 of this Law, and renders exhaustive explanation regarding their unlawful entry and presence. Aliens, who have violated the stated time limit and have provided exhaustive explanation for such violation may be exempt from liability where it is determined that the time limit was exceeded for a valid reason. Article 7. Prohibition of Expulsion or Deportation of Alien 1. An alien who has submitted an application to obtain refugee status in cases stipulated by this Law, shall not be expelled from the Republic of Lithuania and deported to the country, where his life or freedom are threatened. 2. The provision of paragraph 1 of this Article shall not be applied to an alien who for compelling reasons, shall be regarded as a danger to the security of the Republic of Lithuania, or who have been convicted by a final court judgement, for a serious crime and constitute a danger to society. CHAPTER II PROCEDURE OF GRANTING REFUGEE STATUS Article 8. Application of Aliens for Refugee Status 1. Aliens may submit a substantiated application for refugee status in writing or make it orally to the border police at state border points of the Republic of Lithuania, city (district) police precincts, the Aliens Registration Centre and other state or municipal authorities and institutions. Where aliens make an application for refugee status orally, it shall be recorded by officers of said institutions (civil servants). Information about filing an application shall be confidential where the applicant does not request otherwise, except for the case specified in paragraph 2 of Article 27. 2. Applications of aliens for refugee status and, in the case of oral application, relevant records submitted to other state or municipal authorities and institutions shall be immediately forwarded to the border police, city (district) police precinct xxx or the Alien Registration Centre. 3. Applications on behalf of minor children may be filed by their parents or other legal representatives. Applications on behalf of minors, who are not accompanied by parents or legal representatives may be lodged by a representative designated by an institution to protect children’s rights. 4. One of the adult family members may file an application on behalf of the family (spouse, children, adopted children to 18 years of age, if they are not married, as well as parents unable to work because of old age or disability). Article 9. Admission of Aliens to the Territory of the Republic of Lithuania 1. Having received an application of an alien for refugee status, border police officers, from city (district) police commissariats or official at the Aliens Registration Centre shall question the alien, collect personal data about him, ascertain his travel route, and examine the grounds for filing the application. 2. Applications of aliens for refugee status and, (in the case of oral application), relevant records as well as collected data shall be immediately forwarded to the Migration Department which will decide within 48 hours if there are grounds for not admitting an alien to the Republic of Lithuania for reasons specified in Article 10 or, in cases where the alien is present in the Republic of Lithuania, prohibit his presence therein. 3. When it is decided not to admit an alien to the Republic of Lithuania territory or prohibit his presence there, the alien shall be expelled or deported to the country from where he arrived or the country of his origin. Aliens may appeal to the Vilnius County Administrative Tribunal against the decision not to admit them to the Republic of Lithuania or prohibit their presence wherein within 7 days from the date of communication of said decision. Filing of the appeal shall suspend only the enforcement of the decision to prohibit their presence in the Republic of Lithuania. Article 10. Reasons Preventing Permitting Aliens to Enter the Republic of Lithuania or to Remain There An alien shall not be admitted to the Republic of Lithuania Territory or his presence there shall not be permitted if: 1) he has arrived from a safe third country; 2) he has been granted asylum by another country; 3) he possesses several nationalities of several countries and without serious cause is not making use of the protection of at least one of the countries of his nationality. 4) after having examined his application earlier pursuant to this Law and according to the procedure established hereunder, decision not to grant him refugee status was adopted, while the newly-lodged application does not contain additional material information. 5) his application is manifestly unfounded. Article 11. Procedure for Examination on its Merits of the Alien’s Application for Refugee Status 1. Aliens who are admitted to the territory of the Republic of Lithuania or permitted to stay there, shall be sent to the Aliens’Registration Centre to implement the actions indicated in paragraph 2 of this Article. If necessary the aliens travels to the Aliens’ Registration Centre escorted by of border police officers or police officers. 2. At the Aliens Registration Centre, aliens shall fill out a questionnaire to obtain refugee status, following which complete a form requesting refugee status, after which he shall be questioned, photographed and fingerprinted. If necessary, a search of the person and his belongings shall be conducted. Upon completion of these actions, the question of the aliens’ living accommodation shall be resolved. 3. The Aliens’ Registration Centre, relying upon the collected data, shall carry out a verification no later than within a 30-day period and write up a conclusion regarding the examination of the alien’s request on its merits. If necessary, the chief of the Alien Registration Centre may extend the period of verification, for not more than fifteen days. 4. The Migration Department shall issue a certificate of registration to aliens covering the period of examination on its merits of the alien’s request to grant him refugee status, which will entitle him to the right to enjoy temporary asylum in Republic of Lithuania. Article 12. Conditions of and Grounds for Detention of Aliens 1. A alien may not be detained in the Republic of Lithuania, except in the following instances: 1) to ensure that the foreigner could not enter the country without a permit; 2) where action is taken to deport him; 3) to determine the reasons why the alien is using forged identity documents or has damaged them; 4) to prevent the spread of infectious diseases; 5) on the grounds set forth by Republic of Lithuania laws. 2. The police shall have the right to detain an alien for not longer than 48 hours. Minors shall be detained in exceptional cases only. An alien may be detained for more than 48 hours by a court decision, in which case he will stay at the Aliens Registration Centre. Article 13. Housing of Aliens During the Examination on its Merits of Applications for Refugee Status 1. Decisions regarding the settlement of aliens while their applications for refugee status are examined on their merits shall be made by the Migration Department according to the procedure established by the Ministry of the Interior. 2. Aliens who have entered the territory of the Republic of Lithuania or are staying there legally, having submitted applications for refugee status, may be permitted to live in the location of their choice. 3. Aliens whose applications for refugee status are examined under general procedure, shall live in the Refugee Centre or shall be permitted to live in a location of their own choice. Aliens whose applications for refugee status shall be examined under emergency procedure, shall be housed at the Alien Registration Centre or shall be permitted to live at a location of their choice. 4. The Government of the Republic of Lithuania or its authorised institution shall found, reorganise and liquidate the Aliens Registration Centre and the Refugee Centre. 5. The funds for establishing and funding Aliens Registration Centre and Refugee Centre shall be allocated from the Republic of Lithuania State Budget centres shall have the right to use the support of other countries, international organisations and private persons. Article 14. Examination of Alien’s Applications for Refugee Status on its Merits 1. The Migration Department shall examine an alien’s application for refugee status on its merits under general or emergency procedure. 2. Emergency procedure may be applied if:: 1) the alien has come from a safe country of origin; 2) his application is manifestly unfounded; 3) alien knowingly submits false information regarding himself and the circumstances of his entry into Republic of Lithuania territory or presence there; 4) the alien is regarded for compelling reasons as a danger to security of public order of the Republic of Lithuania. Article 15. Acceptability of Evidence When in the course of examining the alien’s application for refugee status on its merits, that it shall be determined that, the information relevant to the establishment of the alien’s refugee status, cannot be supported by written proof, despite honest efforts on the part the aliens, said facts shall be assessed in favour of the alien and the aforementioned applications shall be considered as well-founded if the explanation provided by him is coherent, not contradictory in substance, and conforms to generally known facts. the status of refugee shall be deemed well-founded, provided that the foreigner’s explanations are non-contradictory on their merits and consistent and do not contradict universally known facts. Article 16. Time Limits for the Examination of Application for Refugee Status 1. In cases where the emergency procedure applies, applications of aliens for refugee status shall be examined within one month from the date of receipt by the Migration Department of conclusions concerning the examination of an application for refugee status on its merits. Where there are well-founded reasons for not examining an application during said period, it shall be examined under general procedure and the Aliens Registration Centre shall be notified thereof. 2. In cases where general procedure applies, applications of aliens for foreign status, the alien’s application for refugee status must be examined within 6 months from the date of receipt by the Migration Department of the conclusions concerning the examination of an application for refugee status on its merits. Should there exist well-founded reasons for not examining an application during said period, the head of the Migration Department may extend it, however, the total period of the examination of applications for refugee status may not exceed 12 months. Article 17. Rights and Obligations of Aliens Related to the Determination of Refugee Status 1. An alien shall have the following rights related to the determination of refugee status: 1) to live in the Aliens Registration Centre or Refugee Centre and services thereof; 2) to prepare and notarise documents; 3) to enjoy legal assistance offered by the state; 4) to receive compensation for using public transport; 5) to enjoy translation services; 6) to enjoy medical assistance at the Aliens Registration Centre and the Refugee Centre in accordance with established procedure; 7) to receive a monthly money allowance for minor expenses in accordance with the procedure established by the Government of the Republic of Lithuania or its authorised institution; 2. The children of aliens referred to in paragraph 1 of this Article, shall be entitled to attend schools of general education. 3. An alien shall have the following duties: 1.) to observe the laws of the Republic of Lithuania and rules laid down by the Aliens Registration Centre and the Refugee Centre; 2) to live in the Aliens Registration Centre if he has entered the Republic of Lithuania or is present there unlawfully until the procedure of the examination of his application on its merit is established; 3) to live in the Refugee Centre while his application for refugee status is examined on its merits, if the alien has not been permitted to live in a place of his choice; 4) to allow doctors to examine him in accordance with the procedure established by the Ministry of Health; 5) during the examination of his application for refugee status to supply all available documents as well as truthful and exhaustive explanation for applying for refugee status, the circumstances of his entry and presence in the Republic of Lithuania as well as personal facts. 4. Aliens referred to in this Article shall also enjoy other rights guaranteed by international agreements, laws and legal acts of the Republic of Lithuania. Article 18. Termination of the Examination of Alien’s Application for Refugee Status 1. The examination of applications for refugee status may be terminated if: 1) an alien makes a request in writing to this end; 2) he leaves the Aliens Registration Centre or Refugee Reception Centre and does not return within the next three days without good reason; 3) he dies, except for cases where the alien had lodged an application on behalf of his family or a minor child; 2. The decision to terminate the examination of applications of aliens shall be made by the Migration Department. The decision may be appealed against to the Vilnius County Administrative Tribunal within one month from the date of its adoption. Article 19. Granting Refugee Status and Identity Documents 1. Upon examination of applications of aliens for refugee status, the Migration Department shall make a substantiated decision on granting or not granting such status. 2. The Migration Department shall issue a permit of habitual residence in Lithuania to those aliens who are granted refugee status. 3. At the request of aliens, the Migration Department shall issue travel documents. Article 20. Expulsion of Aliens 1. Aliens who cannot enjoy temporary territorial asylum or have not been granted refugee status shall be expelled from the Republic of Lithuania under the procedure established by the Republic of Lithuania Law on “The Legal Status of Aliens of the Republic of Lithuania.” CHAPTER III APPEALS CONCERNING REFUGEE STATUS Article 21. Appeal Against Refusal of Refugee Status 1. Appeal against a decision to refuse refugee status may be lodged with the Vilnius County Administrative Tribunal by persons who have been refused such status within 14 days of communication of said decision. 2. Appeals may also be transmitted to the Vilnius County Administrative Tribunal through the Migration Department. The Migration Department shall forward an appeal together with relevant case-file to the Vilnius Regional Administrative Court within 3 days of receipt of said appeal. 3. Appeals against refusal of refugee status, where the decision was made when examining an application filed on behalf of a family, may be lodged by aliens who applied for refugee status on behalf of the family or any adult family member. 4. Aliens shall not be expelled from the Republic of Lithuania while their appeals are being examined. Article 22. Hearing of Appeals Concerning Refugee Status 1. Appeals concerning refugee status shall be heard in accordance with the procedure laid down in the Law On Administrative Proceedings of the Republic of Lithuania. 2. When considering appeals the administrative tribunal shall ascertain the lawfulness and substantiation of relevant decisions. Article 23. Administrative Tribunal Rulings on Appeals Concerning Refugee Status After having heard an appeal concerning refugee status, the administrative court shall pass one of the following rulings: 1) uphold the adopted decision and dismiss the appeal; 2) revoke the adopted decision and obligate the Migration Department to enforce the court ruling. CHAPTER IV SOCIAL INTEGRATION AND NATURALISATION OF REFUGEES Article 24. Social Integration and Naturalisation of Refugees 1. Social integration and naturalisation of refugees shall be implemented in accordance with the procedure established by the laws of the Republic of Lithuania. 2. Refugees may enjoy humanitarian and other aid in conformity with the procedure prescribed by law. Natural and legal persons of the Republic of Lithuania and foreign countries may establish aid funds for refugees. The activity of said funds can be supported by other countries, international organisations, legal and natural persons. Article 25. Rights, Duties and Liabilities of Refugees Refugees in Lithuania shall enjoy the rights accorded to aliens by international agreements and laws of the Republic of Lithuania. Refugees shall observe the laws and other legal acts and they shall be liable for violating them pursuant to the laws of the Republic of Lithuania. Article 26. Family Reunification Refugees shall have the right in conformity with the procedures prescribed by law to invite their spouses, children and foster children under 18 years of age if unmarried, as well as parents unable to work due to old age or disability who have remained in a foreign country, if they lived in the same household, to come and live in the Republic of Lithuania. CHAPTER V FINAL PROVISIONS Article 27. Co-operation with International Organisations 1. When dealing with refugee problems, the Republic of Lithuania shall co-operate with the Office of the United Nations High Commissioner for Refugees create conditions to perform its duty of supervising the application of the 1951 Convention and the 1967 Protocol relating to the Status of Refugees in the Republic of Lithuania, furnish it with necessary information and the statistical facts about aliens and refugees, about the implementation of the Convention and Protocol and regulatory enactments regarding refugees, that are valid or about to become valid. 2. Refugees and asylum seekers shall be entitled to appeal to representatives of the Office of the High Commissioner who in their turn are allowed, upon the request of refugees and asylum seekers, to contact them immediately. The Office of the United Nations High Commissioner for Refugees shall be provided with information about applications for asylum. Article 28. Register of Refugees 1. Aliens and refugees shall be registered in the State Register of Refugees. 2. The Register of Refugees shall be administered by the Ministry of the Interior of the Republic of Lithuania or its authorised institution. Article 29. International Agreements Where the provisions of effective and ratified international agreements of the Republic of Lithuania provide otherwise than those of the present Law, the provisions of international agreements shall apply. Article 30. Commitments Relating to the Implementation of the Law Prior to entry into force of this Law, the Government of the Republic of Lithuania or its authorised institution shall: 1) approve the procedure of determining safe countries of origin and safe third countries and the procedure for determining safe countries of origin and safe third countries and the procedure for expulsion or deportation of aliens thereto; 2) establish the conditions and procedure for settlement of aliens at the Alien Registration Centre and the Refugee Centre, the procedure for the arrangement of their employment and the application of disciplinary sanction to aliens; 3) establish the procedure for the receipt of money allowance for minor expenses; 4) establish the procedure for implementation of the rights of aliens specified in paragraph 1 of Article 17; 5) establish the procedure for examination of applications for refugee status and issue of identity documents. Article 32. Entry into Force This Law shall come into force on 1 September 2000. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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