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Recognised refugee status

UkraineHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is refugee status, one of the two legal statuses providing international protection in Ukraine.

See recorded sources

Which population, circumstances or geographic group does the mechanism cover?

Ukrainian legislation defines a refugee as a person who is not a citizen of Ukraine and, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality/citizenship, membership of a particular social group or political opinion, is outside the country of their nationality/citizenship and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country.

See recorded sources
  • https://help.unhcr.org/ukraine/asylum-in-ukraine/forms-of-asylum-and-refugee-protection/
    Ukrainian legislation defines a refugee as a person, who -  is not a citizen of Ukraine; and - owing to a well-founded fear of being persecuted for reasons of race, religion, nationality/ citizenship, membership of a particular social group or political opinion, is outside the country of their nationality/citizenship; and - is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

Refugee status is requested by a direct application to the Ukrainian state authorities: the person fills out an asylum application form and questionnaire and submits the asylum application documents to the Regional State Department of the State Migration Service (SMS). The official source does not state whether a request can be lodged at the border or through referral.

See recorded sources
Limits of the record
  • The captured sources do not state whether an asylum request can be lodged at the border as distinct from in-country, nor whether referral routes exist.

What happens after the request: registration, family handling, major support and rights where officially stated?

After the request, the State Migration Service (SMS) registers the application, determines identity, asks basic questions, and issues an asylum seeker certificate called a “dovidka”. The application is considered in three stages: the SMS decides whether to accept the application; if accepted, the person is invited for a personal interview and the SMS decides whether to take the case into full substantive review or reject it as inadmissible; if taken into full procedure, the “dovidka” is prolonged and additional interviews are held, and the SMS regional office sends the file with its recommendation to the SMS central office in Kyiv. The SMS central office makes a substantive assessment and a final decision within one to three months. If the application is rejected, the person has the right to appeal within five working days. UNHCR provides free legal aid to persons applying for refugee or complementary protection status through a network of NGO partners. The official source does not state how family members are handled.

See recorded sources
  • https://help.unhcr.org/ukraine/asylum-in-ukraine/how-to-request-refugee-status/
    The [State Migration Service (SMS)](https://help.unhcr.org/ukraine/where-to-seek-help/governmental-institutions/) will register your application, determine your identity, ask you some basic questions, and issue you with an asylum seeker certificate called a “dovidka”.
  • https://help.unhcr.org/ukraine/asylum-in-ukraine/how-to-request-refugee-status/
    Your application will be considered in three stages: 1. The SMS takes a decision on whether to accept your application for international protection (refugee status or complementary protection status) or not. 2. If you are accepted for the procedure, you will be invited for a personal interview. After the interview, the SMS decides whether to take your case into a full substantive review, or to reject your case as inadmissible. If your case is taken into the full procedure, your “dovidka” will be prolonged and you will be invited for additional interviews. Within two to three months, the SMS regional office will send your file with its recommendation on your case to the SMS central office in Kyiv. 3. The SMS central office makes a substantive assessment and a final decision on your case will happen within one to three months.
  • https://help.unhcr.org/ukraine/asylum-in-ukraine/how-to-request-refugee-status/
    If the SMS decides to reject your application for refugee status or complementary protection status, it will issue you a written notice. If you are rejected, you have the **right to appeal against this rejection within five working days**.
  • https://help.unhcr.org/ukraine/asylum-in-ukraine/how-to-request-refugee-status/
    UNHCR provides free legal aid to persons applying for refugee or complementary protection status through a network of [NGO partners](https://help.unhcr.org/ukraine/where-to-seek-help/unhcr-partner-organisations/).

Which competent authority, UN body or official assistance channel should the person use?

The State Migration Service of Ukraine is the authority entitled to grant international protection (refugee or complementary protection status) in Ukraine. UNHCR provides free legal and social services to persons who apply for asylum in Ukraine. UNHCR partner organisations provide more detailed information.

See recorded sources

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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