Instruction

INSTRUCTION

on processing of the applications of foreigners and stateless persons for voluntary return

 

Approved by Resolution of the Cabinet of Ministers of Ukraine No. 179 as of 7 March 2012

1. This Instruction defines the procedure of considering by regional SMS bodies of the applications for voluntary return of foreigners and stateless persons to the country of their origin or third country (hereinafter - application), the relevant decision-making and interaction with governmental authorities, local governments and community organizations on the issues of  their voluntary return, documentation, ensuring departure from Ukraine.

2. This Instruction is applicable to foreign nationals and stateless persons who:

- received notice of refusal to be recognized as a refugee or a person who needs complementary protection;

- lost or denied refugee status or additional protection and not enjoyed the right to appeal such decisions;

- received notice of refusal to process documents for resolving the issue of recognition of refugee or a person in need of complementary protection, and did not exhaust the right to appeal to the court;

- received a judgment confirming the decision on refusal to process documents for resolving the issue of recognition of refugee or a person in need of complementary protection in Ukraine;

- illegally stay in Ukraine or who cannot perform their obligation to leave Ukraine not later than the expiration of the term of their stay due to lack of funds or loss of passport.

3. Voluntary return of foreigners and stateless persons to a third country is possible in case of consent of the third country.

4. The procedure for the voluntary return of foreigners and stateless persons is implemented by SMS local authorities in cooperation with international and / or non-governmental organizations (NGOs) whose statutes include promoting voluntary return of foreigners and stateless persons based on bilateral or multilateral agreements on cooperation and interaction in a voluntary return.

Term of the voluntary return procedure shall not exceed 60 days from the date of the application for voluntary return.

5. A foreigner or a stateless person intending to return voluntarily, or its legal representative, personally delivers the written statement to the SMS local authority.

6. An official of the SMS local authority:

- registers the application;

- conducts survey of foreigners and stateless persons, clarifies the circumstances of their stay in Ukraine;

- performs fingerprinting and photography;

- proceeds with questionnaire;

- provides interpretation.

7. Information about foreigners and stateless persons who applied to the SMS local authorities is accounted according to the procedure established by Ministry of Interior of Ukraine using existing databases.

8. When considering the applications the SMS local authorities refer to the state authorities with a written request for verification of foreigners and stateless persons on the circumstances under which the voluntary return of a foreigner or stateless person is not allowed or may be temporarily postponed.

9. The result of such verification must be submitted to the SMS local authority by the relevant governmental authority within two working days.

10. The SMS local authority considers the application within ten working days after receipt and provides a reasonable decision on voluntary return or rejection of voluntary return to foreigners and stateless persons.

11. When taking the decision on voluntarily return of foreigners and stateless persons under the age of eighteen years old, the SMS local authority finds out a family member or a legal guardian to whom in case of the voluntary return the minor will be returned to. 

12. A decision on refusal in a voluntary return is taken concerning foreigners and stateless persons:

- who are prohibited to leave Ukraine according to the law in force;

- who are convicted of crimes - until the expiration of sentence or exemption from punishment;

- in case of contradiction to the interests of national security ? till the end of the circumstances preventing the voluntary return;

- in case their return is temporarily suspended by the court until the fulfillment of their property obligations before individuals and legal entities in Ukraine, unless otherwise provided for by international agreements of Ukraine.

13. The SMS local authorities inform foreigners or stateless persons about decision on a voluntary return.

14. In case of positive decision the SMS local authorities in cooperation with international and / or non-governmental organizations determine within two working days the international and / or non-governmental organization that will facilitate the voluntary return of the individual.

15. The SMS local authorities may inquire the central authorities and their regional bodies, local administrations about identification foreigners and stateless persons and travel documents provision.

16. In case of refusal in voluntary return of foreigners and stateless persons the SMS local authorities take appropriate decision.

17. The decision of the SMS local authorities to refuse voluntary return may be appealed by a foreigner and a stateless person in accordance with the legislation currently in force.

18. Once the decision on voluntary return was taken, the local SMS authority immediately issues a reference letter to a foreigner or a stateless person (Annex to the Instruction). The above mentioned reference letter is a ground for a temporary stay of foreigners and stateless persons on the territory of Ukraine for the period up to completion of voluntary return procedure.

19. In case of completion of voluntary return procedure or exceeding of the deadline for voluntary return procedure the reference letter shall be returned or declared invalid.

20. During preparation to the voluntary return the foreigners and stateless persons must appear once a week to the SMS local authorities and report about their current location.

21. A foreigner or a stateless person, who cannot appear to the SMS local authority on time, shall inform the SMS local authority about his/her location within two working days.

22. With regard to foreigners and stateless persons who were refused in voluntary return and who have overstayed in Ukraine and have no legal grounds for further staying in Ukraine, the SMS local authorities take actions according to the legislation currently in force.

23. The SMS local authorities arrange registration of persons who voluntarily returned to their respective countries of origin or third countries.

24. In order to ensure the voluntary return of foreigners or stateless persons the SMS local authorities request assistance of the border guard authorities during the crossing of the state border.

25. The SMS local authority provides the border guard authorities with a written notice of the voluntary return of a foreigner or stateless person (including information on personal data and the route) three days in advance of the date of return.

26. The border guard authority provides to SMS local authority with a written notice of departure of a foreigner or stateless person, who voluntarily returned to a country of origin or third country.

27. Voluntary return of foreigners and stateless persons to the country of origin or third country is covered at the own expense of foreigners and stateless persons. In case foreigners and stateless have not enough financial means, costs of voluntary return may be covered at the expense of other sources not violating the legislation currently in force, including assistance of international organizations and / or NGOs.

28. Documents and personal cases of foreigners and stateless persons who have applied for assistance in a voluntary return are stored at the SMS local authorities during three years. Adequate protection of personal data of foreigners or stateless persons must be ensured. Access to personal data is provided according to the legislation currently in force.

 

 

 

 

Annex
to the Instruction

Photo

 

stamp

Reference letter
on the voluntary return of the individual

Provided to ____________________________________________________________

___________________________________________________________________________

(full name, citizenship)

 

______ year of birth, resides at  _________________________________________________

___________________________________________________________________________

                                                                                                                                (region, city, address, phone.)

The decision on voluntary return was taken on _________20__ (date) according to the article # 25 of the Law of Ukraine ?On legal Status of Foreigners and Stateless Persons? ___________________________________________________________________________
                                                                                (name of the SMS local authority)

and arrangements for voluntary return to _____________________________ are in process.

                                                                                                                                (country)

Date of issue:

Date of expiry:

This reference letter is a ground for temporary stay of the foreigner in Ukraine.

______________________________________
(name of the responsible official, head of the SMS local authority)

 

 

______________________________________

___________

_____________

 

(signature)

(signature)

 

 

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