Resolution No. 421 of the Government of the Republic of Lithuania on Implementation of the Refugee Status in Lithuania
|Publisher||National Legislative Bodies|
|Author||Government of the Republic of Lithuania|
|Publication Date||3 April 1996|
|Cite as||Resolution No. 421 of the Government of the Republic of Lithuania on Implementation of the Refugee Status in Lithuania [Lithuania], 3 April 1996, available at: http://www.refworld.org/docid/3ae6b4ee3c.html [accessed 13 December 2013]|
|Comments||This is an unofficial translation. The relevant Orders are attached at the end for ease of reference.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Executing the Resolution No.I -1005 adopted by the Seimas on 4 July 1995 concerning the "Law of the Republic of Lithuania on implementation of the Refugee Status in Lithuania" (Parliamentary Records, 1995, No 63-1579), the Government of the Republic of Lithuania decides:
To approve the annexed:
1.1. Order on crossing the state border for foreigners seeking asylum;'
1.2. Order on restrictions of freedom for movements of foreigners who had been granted temporary asylum in the Republic of Lithuania;
1.3. Order and Conditions for providing state support and services to refugees;
1.4. Order on issuing personal and travel documents to refugees;
1.5. Order and Conditions for stay, leave and deportation.
To authorize the Ministry of the Interior:
2.1. to draft Regulations for the Registration Centre of foreigners and to submit to the Government for approval;
2.2. to establish the forms of certificates for personal registration of refugees and travel documents, and to organize the production of these documents.
To establish that registration of refugees in the Republic of Lithuania is performed by the Ministries of the Interior and the Ministry of Social Security and Labour according to their competence and the set order.
To authorize the Ministry of the Interior to announce by 15 February annually statistic information on foreigners, who applied for refugee status in the Republic of Lithuania
Prime Minister Mindaugas Stankevicius
Minister of the Interior Virgilijus Bulovas
Order on crossing the State Border for Foreigners, seeking Asylum in the Republic of Lithuania
A foreigner may come to the Republic of Lithuania by crossing the official state border control posts, having national passport valid abroad or a corresponding travel document with a Lithuanian entrance visa, if it has not been provided otherwise by Resolutions of the Government of the Republic of Lithuania or international agreements, signed by the Republic of Lithuania.
A foreigner, who come to the Republic of Lithuania legally, may submit his/her application for granting refugee status at the border control post or to the police commissariat of the district (town) in the set order by the Ministry of the Interior. After receiving the application, a foreigner is directed (transferred ) to the Refugee Reception Centre.
If a foreigner at the border control post declares in written or verbal form that he/she is seeking asylum and provides corresponding evidence as the basis for investigating the application for the refugee status determination as provided in Article 2 of the Law on the Refugee Status in the Republic of Lithuania, then provisions of item 1.1 are not taken into consideration. Police provides information on the case to the Migration Department at the Ministry of the Interior, where the legal status of a foreigner has to be determined referring to provisions in Article 4 of the Law on Refugee Status in the Republic of Lithuania.
Provisions indicated in item 2 are applied also to foreigners, who came to the Republic of Lithuania illegally to seek asylum from the state where their life or freedom was in danger and announce about it personally within 48 hours from his/her crossing of the border to the city (town) police commissariat or other authorities, who immediately transfer the foreigner to the police commissariat. Police informs the Migration department at the Ministry of the Interior, where the legal status of a foreigner has to be determined referring to provisions in Article 4 of the Law on the Refugee Status in the Republic of Lithuania.
A foreigner who came to the Republic of Lithuania or stays in the country illegally and submits application for refugee status determination in the Republic of Lithuania, might be directed by the Migration Department at the Ministry of the Interior to the Aliens Registration Centre for clarification procedures to find out if there are no reasons preventing a foreigner from making use of asylum in the Republic of Lithuania.
Stay at the Aliens Registration Centre does not entitle foreigners of making use of a temporary territorial asylum in the Republic of Lithuania.
Asylum seekers may arrive to the Republic of Lithuania together with family members. A spouse and children under 18 are recognized as family members of the foreigner who submitted application for refugee status determination.
Family members who remained in the foreign country at the time of submitting application for status determination, are not allowed into the country.
Migration Department at the Ministry of the Interior may not give permission for an asylum seeker to arrive in the Republic of Lithuania from the country of origin or the third country if there is no risk of being persecuted there.
A foreigner who is allowed into the country as asylum seeker shall be obliged to leave the country in case the status of a refugee in the Republic of Lithuania is rejected.
A personal registration certificate with a photo shall be issued for the foreigner instead of the possessed personal identification documents after the temporary territorial asylum has been provided. The certificate entitles to make use of the temporary territorial asylum in the Republic of Lithuania and is valid for the period of status determination procedure, but no longer than for 6 months.
A foreigner who has been granted temporary territorial asylum in the Republic of Lithuania shall be directed (transferred) to the Refugee Reception centre.
Order on issue of personal identification and travel documents for refugees in the Republic of Lithuania
The Migration Department at the Ministry of the Interior issues permits for permanent residence (further - permits) to aliens over 18, who have been granted refugee status in the Republic of Lithuania. The documents shall be revised annually.
Permits shall be changed by Migration service units at the district (town) police commissariat, if a foreigner resides in the Republic of Lithuania permanently. Documents proving his/her permanent stay in the country, shall be submitted to the Migration service unit personally by a refugee.
Duty fee is not liable for the issue of the first permit.
The issued certificate looses its validity, if a decision has been taken to consider that a foreigner is no longer entitled to the refugee status according to the provisions of Article 6 in the Law on refugee status in the Republic of Lithuania. The foreigner shall be informed about the decision to recognize his/her certificate of having lost its validity in written form.
After the certificate has been recognized as no longer valid, the foreigner is obliged to leave the Republic of Lithuania no later than within 30 days. A foreigner may be expelled from the country, in case he/she failed to leave the country in the set time.
Decisions on recognizing the certificates as having lost their validity are taken by the Migration Department at the Ministry of the Interior.
Refugees who legally received permits for residence in the Republic of Lithuania, may also receive travel documents for going abroad on personal application, providing there are no reasons preventing from issuing such documents.
Travel documents for refugees are issued and extended by Migration services at the district (town) police commissariat according to the place of residence. Refugee travel documents may also be extended for a period up to 6 months by diplomatic representative or a consular authority of the Republic of Lithuania abroad after receiving consent from the Migration Department at the Ministry of the Interior.
Travel documents for refugees shall not be issued, if:
9.1. a refugee is brought to trial - until the end of investigation of the case;
9.2. a refugee is sentenced for a committed crime - until the end of sentence or release form serving the sentence;
9.3. it contradicts to the interests and security of the Republic of Lithuania.
Travel documents for refugees shall be issued personally irrespective of their age.
Children under 16 may be registered on the parent's travel documents.
Travel documents for persons under 18 are issued under the written consent of one of the parents or the legal guardian.
The issue and extension of refugee travel documents are liable to a duty fee (consular tax).
Refugee travel documents are valid for the period of residence permit in the Republic of Lithuania, but not less than for 3 months and no longer than for 2 years.
Travel documents entitle refugees to travel outside the territory of the Republic of Lithuania, if there are no serious reasons of state security and public order preventing it, and to return to the Republic of Lithuania during the whole period of validity of the document.
In case of serious reasons, the frequency of traveling abroad for a refugee could be restricted (to one-time) and the list of prohibited countries expanded
Travel documents are taken away, if:
14.1. a person forfeits the refugee status;
14.2. a person is expelled from the Republic of Lithuania;
14.3. a person receives travel documents from his/her country of origin;
14.4. a person is brought to court - until the end of investigation of the case;
14.5. a person is sentenced for a committed crime - until the end of service or release;
14.6. there is evidence of forgery in travel documents;
14.7. for the sake of the state security and interests of public order.
Refugee travel documents may be taken away by the police, foreign diplomatic representatives or consular authorities of the Republic of Lithuania abroad, who sent the document to the Migration Department at the Ministry of the Interior with a leading explanatory note on circumstances of withdrawal.
A refugee who lost travel documents is obliged to inform immediately the Migration Department at the Ministry of the Interior about the fact and circumstances of losing through police, diplomatic or consular authorities abroad. Only after investigations of the fact and circumstances of losing travel documents are carried out, can it be possible to discuss the question of issuing new travel documents for a refugee.
Order on Restrictions for the Freedom of Movement for foreigners who were granted temporary territorial asylum in the Republic of Lithuania
During the period of investigating the application, an alien asylum-seeker, who has been granted temporary territorial asylum, is obliged to stay at the Refugee Reception Centre.
A foreigner, who, due to some valid reasons, is willing to temporary leave the Refugee Reception Centre, shall get permit in advance:
a foreigner is allowed to leave the Refugee Reception Centre for no longer than 72 hours.
a foreigner is allowed to move in the whole territory of the Republic of Lithuania.
If a foreigner leaves the Refugee Reception Centre without a permit for more than 72 hours, without valid reasons, investigation of his/her application for status determination may be terminated and the Migration Department at the Ministry of the Interior shall charge the police to find the foreigner and deliver documents on deportation from the country.
Foreigners who were provided temporary territorial asylum in Lithuania and whose personal identity has not been established, are not allowed to leave the Refugee Reception Centre.
Order on Conditions for Stay, Leaving and Deportation of Refugees
The same rules are applied for refugees on arrival and stay in the country as provided for all other foreigners in the Republic of Lithuania.
Refugees legally staying in the Republic of Lithuania may choose the place of residence and freely move within the territory.
Refugees, who change their permanent residence, shall inform migration services at the police commissariat of the district (town) within the period of 7 days upon arrival to a new place.
Refugees, willing to leave the Republic of Lithuania for permanent residence abroad, shall get the permit from the Ministry of the Interior. Refugees might not be allowed to leave the Republic of Lithuania if it is so provided by the laws of the Republic of Lithuania.
A refugee who violated the laws of the Republic of Lithuania might be sent out of the country for the sake of state security, interests of public order only depending on the decision of the court.
A refugee cannot be deported to the country, where his/her life or freedom could be in danger because of race, religion, nationality, belonging to a social group or political convictions.
In taking the decision on sending a refugee out of the Republic of Lithuania, reference shall be made to the time period he/she had spent in the country, age, marital status and other circumstances of his/her integration into the society of Lithuania.
A refugee shall be deported from the Republic of Lithuania in accordance to the established rules for sending foreigners out of the country.
Order and Conditions for state support and services to refugees
By this document the Order and Conditions are established for providing state support and services to foreigners who submitted applications for refugee status determination (further - refugees) in the Republic of Lithuania and who received a respective document on providing temporary territorial asylum in the Republic of Lithuania and settled in the Refugee Reception Centre (further Centre).
A refugee is entitled to the following state support:
2.1. - free of charge documentation work for refugee status determination;
2.2. - free of charge temporary stay and making use of services at the Centre;
2.3. - monthly pocket money;
2.4. - lump sum settlement grant for permanent residence after granting the refugee status;
A refugee can make use of services provided by the state at the Centre:
3.1. - travel costs from the place of submitting application for the refugee status determination to the Centre and other traveling expenses related to documentation work during the procedure of status determination.
3.2. - everyday services;
3.3. - food;
3.4. - clothes and footwear;
3.5. - medical treatment;
3.6. - interpretation services and legal advice;
3.7. - pre-school child care;
3.8. - training courses of the Lithuanian language;
The implementation of this Order and Conditions on providing state assistance and services is the responsibility of the Centre in accordance to the established rules and conditions for implementation of this Order by the Ministry of Social Security and Labour.
Appeals with regard to providing state support and services for refugees are dealt with according to the legal order set in the Republic of Lithuania.
Providing of State Support and Services to Refugees
Costs for state support and services provided to refugees at the Centre are covered by the Centre from the means allocated from the state budget for the maintenance of the Centre.
State support and services are provided to all members of a refugee family who stay together at the Centre.
Travel costs as from the place of submitting the application for asylum and the refugee status determination to the Centre and further related to documentation procedures are covered by the Centre.
The Centre establish the following standards for refugee maintenance and pocket money:
(calculation unit - coefficient of a minimal living level)
Monthly expenses, if the asylum seeker:
was grantedmade use of a the refugee statustemporary asylum
1. A refugee1,41,3
2. A spouse1,31,2
3. Children under1,11,0
Food expenses for a refugee family are calculated as a sum of the standard amount per family member.
If the refugee status is claimed by children under 18, the standards are applied as in item 2 of the given table.
Pocket money is calculated as the difference of the established standard for means of maintenance (in the table) and the means used by the Centre for food.
In case it is necessary to provide clothes and footwear for a refugee and his family members, the following standard norms are applied:
- for adults - 1 MLL (minimal living level)
- for children under 18 - 0,8 MLL
Lump sum settlement grant for permanent residence is allocated to refugees after they have been granted the refugee status and accommodation has been provided in the legally set order. The amount of the lump sum settlement grant is calculated according to the following standards:
- for adult family members - 10 MLL
- for children under 18 - 7 MLL.
Lump sum settlement grant for a family may not exceed 30 MLLs. Lump sum grants shall be disbursed to refugees by the Centre before leaving the Centre for a permanent residence or, under agreement with the municipality, by the social care and assistance unit at the municipality of permanent residence upon arrival and registration with the police commissariat in 7 days.
Minimal refugee maintenance norms (for daily services, food, clothes and footwear, primary medical care) are set by the Ministry of Social Security and Labour in coordination with the Ministry of Health.
Training courses of the Lithuanian language and day care for pre-school children shall be organized at the Centre or at educational institutions. (costs shall be covered by the Centre from means provided specially for this purpose.
Restrictions and Cessation of the granted State Support and Services
The amount of the granted state support and services may be diminished to refugees who make offenses to the established rules of the Centre in accordance to the rules approved by the Ministry of Social Security and Labour.
Providing state support and services is canceled, if:
19.1. a refugee has settled for permanent residence and got registered with the district (town) police commissariat;
19.2. a refugee leaves the Centre without a notice for more than 1 day;
19.3. a refugee started employment violating the established order.