Right to Protection is an NGO dedicatedto protecting the rights of asylum seekers, refugees, stateless andundocumented persons, as well as internally displaced and conflict affected persons.
Category: Asylum seekers
05.01.22
One of the main areas of work of the CF “Right to Protection” (R2P) is legal assistance to asylum seekers and refugees.
These people leave their country, home, and sometimes relatives not because of their own free will, but due to persecution for political, religious, and other reasons enshrined in the 1951 Refugee Convention.
They hope for help, but the road to recognition as a refugee in Ukraine is usually long and thorny.
Feraz (name changed), an Iraqi national, applied to the State Migration Service of Ukraine for refugee status, but soon had to prove the right for it in court. According to the Migration Service, the plaintiff simply sought to legalize his stay in Ukraine, and also could not prove the fact of religion change and threat to his life.
Here is what Feraz says about his reasons for appeal:
«I cannot return to Iraq because I am in danger there. In July 2014, I passed the rite of baptism in Ukraine. I have converted to Christianity. I currently attend a Protestant church in Kyiv. Every Sunday I also preach in church with other people. Because I changed my religion from Muslim to Christian, my relatives and the community in which I lived threatened to persecute and kill me. According to Islamic law, a person who changes his religion must be killed in the name of the Islamic God. I cannot return to Iraq because I am in danger of dying there.»
– Feraz tells.
Olena Kalashnyk, a senior lawyer and advocate at the R2P, took up Feraz’s case:
«An asylum seeker appealed to the administrative court. Our lawyers helped gather the necessary evidence: information about the country of origin from internationally recognized sources, a baptismal certificate and photo evidence, the testimony of the pastor of his church, letters of support, and more. The court of first instance dismissed the claim, but the appellate court overturned its decision and ruled in favor of the plaintiff.»
– Olena tells.
Now Feraz has been granted refugee status in Ukraine and can finally start making his life and planning for the future while leaving all the fears in the past.
Read more about the legal practice in favor of asylum seekers and refugees in the review (in Ukrainian) from the National Bar Association of Ukraine and the CF “Right to Protection” (R2P).
Based on the results of the review of the Committee of Ministers of the Council of Europe (hereinafter – the Committee), a decision was made, the main points of which can be summarized as follows:
The Government of Ukraine was reminded of its obligation to fully address the multifaceted problem of non-compliance or delays in the execution of national court decisions, as well as Ukraine’s obligation to comply with the European Court of Human Rights under Article 46 of the Convention for the Protection of Human Rights and Fundamental Freedoms. At the same time, the Committee noted that currently, the Government is far from properly fulfilling this obligation;
The Committee noted Ukraine’s implementation of individual measures in 18 cases from the Zhovner / Ivanov group, and removed these cases from control by a relevant resolution; at the same time, the Government of Ukraine must provide information on the implementation of the other 31 decisions from this group;
The Committee expressed concern about the lack of progress in the implementation of the Action Plan and National Strategy (hereinafter – the National Strategy) for Resolving the Problem of Non-Enforcement of the Court Decisions which must be implemented by the state body, state enterprise, institution, or organization until 2022. These actions do not require the necessary budget allocations to implement and enforce the solution.
The Committee noted that reforming the institution of private performers does not solve the problems of enforcing national court decisions.
The Committee expressed interest in the constitutional submission of the Supreme Court to the Constitutional Court of Ukraine (approved by the Resolution of the Plenum of the Supreme Court of 18 September 2020) to review the constitutionality of moratorium laws and their compliance with the rule of law.
The Committee has called on the Government to finally establish a data accounting system that reflects the enforcement of national court rulings against the state.
The need to implement the package of legislative and institutional reforms set out in the National Strategy and Action Plan, as well as to provide sufficient budget allocations was also noted by the Committee.
The Committee instructed the Secretariat to prepare a detailed memorandum for the next hearing of the case on financial and budgetary allocations to ensure the automatic execution of decisions and on moratorium issues that impede the execution of decisions not in favor of the state-owned enterprises.
Also, given the urgent need to resolve the urgent issue, the Committee of Ministers of the CoE called on the Government of Ukraine to provide information on these issues by January 1, 2022, in particular on the progress in implementing the necessary reform package and decided to continue consideration of these groups at the March 2022 meeting. The Committee also instructed the Secretariat to prepare a draft interim resolution for consideration at the meeting if the Government of Ukraine will not show any progress, in particular in the implementation of the National Strategy and Action Plan.
Thus, following Rule 16 of the Committee of Ministers Procedure, in the process of monitoring the implementation of a resolution or amicable settlement, the Committee of Ministers may adopt interim resolutions, including information on the implementation process or, if necessary, concerns and/or proposals for the implementation.
In this context, the CoE has already issued 8 interim resolutions. The last one was issued in October 2020, which states that Ukraine has not fulfilled its obligations and has not made progress in implementing the decisions of the ECtHR by the deadline, in particular in the case of Burmych and Others v. Ukraine (more information about this is available here).
There are concerns that in March 2022, Ukraine will again face a negative interim resolution. The government will not have time to radically change the situation in the legal and institutional spheres in such a short time.
However, significant changes can be achieved in at least one aspect. In the coming months, the Law of Ukraine “On the State Budget for 2022” will be considered, and the amount of funds allocated to cover debts by decisions of national courts, including in the social sphere, will be important. At the same time, given the pandemic and the economic crisis it is contributing to, it would be too bold to predict significant budget allocations for such purposes.
Given the above, the CF “Right to Protection” (R2P) calls on the Government of Ukraine to take decisive and coordinated actions to address the systemic problem of non-compliance with national court decisions and will welcome all effective steps taken by the state in this direction.
Recently the team of the R2P Project “Legal Assistance to Refugees and Asylum Seekers in Ukraine” joined the round table “Interaction of public authorities, legal aid centers and the CSO sector in the context of refugees and asylum seekers in Ukraine.”, which took place in Lutsk, Ukraine. We have continued the annual tradition of meeting with the government officials who work with the asylum seekers, who were detained at the border for illegal crossing and placed in temporary detention facilities in Ukraine.
The event was attended by the representatives of the State Migration Service of Ukraine, the State Border Guard Service of Ukraine, the employees of the Temporary Accommodation Facility for Migrants, judges (Kivertsy District Court of Volyn Region), employees of the Kivertsy Legal Aid Bureau and Lutsk Local Center for Free Secondary Legal Aid. The round table discussion was organized with the assistance of the National School of Judges of Ukraine and lawyers of the free secondary legal aid system.
Such meetings have also been held during the strict quarantine restrictions, albeit in an online format. This year’s round table became a platform for topical discussion, exchange of ideas, experiences, and even for the search for cooperation opportunities.
For example, this year a representative of the Volyn Temporary Accommodation Facility told about how they managed to prevent the spread of the COVID-19 and had no cases of the disease on their territory among the detainees. The lieutenant of the Lutsk border detachment shared the experience of our foreign neighbors from Poland and compared it with the Ukrainian realities. The judge of the Kivertsy District Court spoke about the peculiarities of consideration of cases of detention and extension of stay in the Facility for asylum seekers and shared his experience from his practice. The lawyers provided interesting information on the representation of the interests of the beneficiaries of the R2P in the courts in the cases of detention and expulsion.
The main purpose of such events is to create a space for communication and exchange of views to be able to address many relevant issues. That is why we are sincerely grateful to everyone who had the opportunity to join the dialogue!
Recently the team of the R2P Project “Legal Assistance to Refugees and Asylum Seekers in Ukraine” joined the round table “Interaction of public authorities, legal aid centers and the CSO sector in the context of refugees and asylum seekers in Ukraine.”, which took place in Lutsk, Ukraine. We have continued the annual tradition of meeting with the government officials who work with the asylum seekers, who were detained at the border for illegal crossing and placed in temporary detention facilities in Ukraine.
The event was attended by the representatives of the State Migration Service of Ukraine, the State Border Guard Service of Ukraine, the employees of the Temporary Accommodation Facility for Migrants, judges (Kivertsy District Court of Volyn Region), employees of the Kivertsy Legal Aid Bureau and Lutsk Local Center for Free Secondary Legal Aid. The round table discussion was organized with the assistance of the National School of Judges of Ukraine and lawyers of the free secondary legal aid system.
Such meetings have also been held during the strict quarantine restrictions, albeit in an online format. This year’s round table became a platform for topical discussion, exchange of ideas, experiences, and even for the search for cooperation opportunities.
For example, this year a representative of the Volyn Temporary Accommodation Facility told about how they managed to prevent the spread of the COVID-19 and had no cases of the disease on their territory among the detainees. The lieutenant of the Lutsk border detachment shared the experience of our foreign neighbors from Poland and compared it with the Ukrainian realities. The judge of the Kivertsy District Court spoke about the peculiarities of consideration of cases of detention and extension of stay in the Facility for asylum seekers and shared his experience from his practice. The lawyers provided interesting information on the representation of the interests of the beneficiaries of the R2P in the courts in the cases of detention and expulsion.
The main purpose of such events is to create a space for communication and exchange of views to be able to address many relevant issues. That is why we are sincerely grateful to everyone who had the opportunity to join the dialogue!
This week our colleagues had the opportunity to talk to refugees from the different parts of the globe. As a part of the new project to support and create independent refugee communities, the team of the CF “Right to Protection” (R2P) in Kharkiv joined a meeting, conducted in a very interesting and interactive format.
This week our colleagues had the opportunity to talk to refugees from the different parts of the globe. As a part of the new project to support and create independent refugee communities, the team of the CF “Right to Protection” (R2P) in Kharkiv joined a meeting, conducted in a very interesting and interactive format.
In our opinion, an informal atmosphere, interesting master class, and delicious food can become the perfect mixture to unite a small group of people and involve them in the next activities in the future.
So what did we do? Lawyers of the R2P have met with a women’s refugee community, and jointly attended a clay molding master class in Kharkiv, and then ate a delicious pizza nearby. The aim of the master class was to show the women that serious issues related to building their own communities, preparing projects, and solving collective problems can (and should!) be discussed during a friendly meeting and casual communication.
During such moments when, for example, you show each other ready-made ceramic products that you made with your own hands, or when you enjoy a delicious slice of pizza, the greatest ideas come to mind!
And this meeting was not an exception. The women, the refugees from different countries, realized that they would like to continue such a communication format and unite for a common goal. Next time, they will organize a similar meeting on their own, without the help of the R2P, and will come up with new cool ideas that will bring their community closer to the implementation of a small, yet very important project.
Recently the lawyers and attorneys of the CF “Right to Protection” (R2P) visited Lviv. And visited not just to enjoy the centuries-old architecture and magical atmosphere of this beautiful city, but also to share their experience and knowledge about refugees and asylum seekers with the government officials.
Our colleagues Oleksandra Zhurko, Svitlana Butenko, Oleksandra Novikova and Anna Khitsevych conducted two educational events for the employees of the State Migration Service (SMS) of Ukraine Departments in Lviv, Khmelnytsky, Lutsk and Zhytomyr.
«We talked about all the complex and problematic issues that usually arise when applying for refugee status in Ukraine (such as when the person is applying from the places of detention). This was a great experience for us as well – the representatives of territorial divisions of the State Migration Service told us about their own interesting and rich experience of work with refugees and asylum seekers»,
– said Anna Khitsevych, Capacity Development Coordinator of the CF “Right to Protection” (R2P).
Another seminar was attended by the lawyers who work in the state secondary free legal aid centers (FLAC). Among other legal cases, they also work with the cases of asylum seekers and refugees.
«We told the FLAC lawyers about the procedure for granting refugee status, pre-trial and judicial types of appeals against negative decisions of the SMS of Ukraine, as well as the procedure for appealing decisions on extradition in cases of asylum seekers»,
– added Anna.
During the seminars, all the participants engaged in solving practical problems, preparation of their own mini-presentations, as well as discussed the outcomes.
Our colleagues provided information to the representatives of both parties who work directly with refugees: the State Migration Service of Ukraine and the free state attorneys of the PRAVOKATOR law club.
CF “Right to Protection” (R2P) in partnership with the International Law Committee of the Ukrainian National Bar Association reviewed the current case laws of the Supreme Court of Ukraine for the period from 2018 to 2021 in favor of the asylum seekers in disputes over their recognition as refugees and persons in need of complementary protection. The legal review was conducted by Olena Kalashnyk, a lawyer at the R2P, and Vitaliy Vlasyuk, a lawyer and Chairman of the UNBA International Law Committee.
Due to wars and armed conflicts in different parts of the world, a significant number of people are forced to flee and seek protection in other countries. Now the world community’s attention is focused on asylum seekers from Afghanistan, Syria, Somalia, etc.
After all, when a person in his/her country of origin faces significant difficulties due to religious beliefs, political views, belonging to a certain social group, or due to his/her ethnicity, life in their home countries becomes impossible. That is why people are forced to seek safety elsewhere, where their lives will not be in danger.
«In Ukraine, an asylum seeker who applied to the State Migration Service for recognition as a refugee and was refused becomes left in a very stressful situation. The person then needs to appeal such a refusal in court and prove that he/she has certain grounds for obtaining a particular status. Sometimes a person’s life depends solely on a court decision.
With this in mind, we have prepared a review of the current Supreme Court legal practice, which should facilitate the work of lawyers, the Migration Service, and the court in resolving disputes over the recognition of persons as refugees or in need of complementary protection. I hope that the legal court decisions included in the collection will help save many lives and contribute to the fair settlement of disputes between asylum seekers and the Migration Service,»
– said Olena Kalashnyk, a lawyer at the CF “Right to Protection” (R2P).
The offices of the CF “Right to Protection” in Kyiv, Kharkiv and Lviv are open! We provide consultations and other legal support to all refugees who have been forced to flee their countries due to persecution and/or military conflict and massive human rights violations.
Our lawyers and attorneys will advise you on all issues related to the state asylum procedure. In particular, by coming to the office or by calling us, you can get free legal assistance in:
applying to the migration service for refugee status in Ukraine;
obtaining “Dovidka” (Certificate) – a document of asylum seekers in Ukraine;
all-round support of the asylum case and litigation of the case in court (in case of refusal by the Migration Service).
You can also learn from our lawyers:
what kind of assistance is provided by the UNHCR in Ukraine for refugees and asylum seekers,
about other UNHCR partner organizations hosting refugees and what kind of assistance they provide, as well as,
what awaits you in Ukraine, which education, employment and development opportunities you have.
Contact or call us from Monday to Friday from 09:00 to 18:00:
