Appealing the decision of the Migration and Citizenship Service
You have the right to appeal to the court (in court instances) against any negative decision made by the Migration and Citizenship Service (MCS) regarding your asylum application.
During the appeal process, you are considered an asylum-seeker and are entitled to reside legally in Armenia, access services, and remain in the Reception Center until a final decision is made. You will not be deported from the Republic of Armenia or otherwise returned to your country of citizenship or permanent residence during this period.
You have the right to receive free legal aid for appealing the MCS decision to the court. For free legal aid you may apply to the Public Defender’s Office of the RA Chamber of Advocates (for more information, please visit: https://www.unhcr.org/am/en/documents-pertaining-to-refugees or partner and contact information section).
You will be provided with a Public Defender, who will help you with the appeal procedure – give you free legal consultation, prepare a claim for submitting to the court and defend your interests in court instances (only in case you do not have sufficient means to cover the expenses of hiring a lawyer yourself and only if the Public Defender’s find that there are sufficient grounds for the appeal).
If you have financial means, you may hire a lawyer on your means by applying to the Chamber of Advocates of the Republic of Armenia or any lawyer’s office.
To appeal against the negative decision, it is necessary to submit the appeal to the Administrative Court of the Republic of Armenia. The content of application should meet the requirements of the Republic of Armenia legislation; otherwise, the court will not admit it. For appealing a negative decision, it is recommended to apply to a lawyer who will assist you in the appeal procedure.
Appeal procedure
The appeal procedure is implemented by three court instances:
- The Administrative Court [Address: 23, Garegin Nzhdeh Ave.,Yerevan; Telephone: +37410 447 121 (appealing a negative decision on asylum application made by MCS)
- The Administrative Court of Appeals [Address:3/9, Tbilisyan Ave., Yerevan; Telephone: +37410 201 195 (appealing decision to the Administrative Court of Appeals);
- The Court of Cassation [Civil and Administrative Chamber. Address: 5, Vazgen Sargsyan St., Yerevan; Telephone: +37410 511 735 (appealing decision to the Civil and Administrative Chamber of the Court of Cassation).
There is no exact timeframe defined for court to review your claim.
Appeal decisions
The Administrative Court can issue the following decisions:
- to reject a claim,
- to satisfy a claim,
- to annul decision of the Migration and Citizenship Service and to compel the MCS to re-consider the decision.
The Administrative Court of Appeals can issue the following decisions:
- to reject a claim,
- to satisfy a claim,
- to annul the decision of the Administrative Court and send the case to the Administrative Court for reconsideration.
The Court of Cassation may issue one of the following decisions:
- to refuse to accept the cassation appeal for examination due to the absence of respective grounds,
- to reject the cassation appeal,
- to fully or partially annul the respective court decision and send it back to the respective court for reconsideration,
- to partially annul and change the respective court decision if there are enough factual circumstances for the Court of Cassation to make such a decision,
- to annul the decision of the Administrative Court of Appeals and establish the legality of the decision of the Administrative Court.
Time limit for appeal submissions
You may appeal the MCS negative decision to the RA Administrative Court within 2 months after notification of the MCS decision on your asylum application. If you do not apply to the court within this period, the decision by the MCS will be considered final. The period for launching an appeal may be renewed only if there are valid reasons for missing it. The reasons for missing the appeal period are considered to be valid if they do not fall within the sphere of your influence.
After the reasons for missing the appeal period disappear, you can submit an appeal to the court within 15 days, but no later than three months starting from the day you received the notification about the decision on your asylum application. If you do not appeal within this period, the decision of the MCS will be considered final.
If you have crossed the state border of Armenia irregularly, or if you are being prosecuted for a crime committed in Armenia, or if you are requested for extradition, you may appeal the MCS negative decision within 10 working days upon being notified of the decision.
Procedure of processing of a new application for asylum
If you submit a new (repeated) application for asylum, the MCS will conduct an interview to assess whether there are valid grounds to examine the new application. A repeated application may be considered for examination only if one of the following conditions is met:
- New circumstances have arisen that relate to a well-founded fear of persecution or other grounds specified by Law on Refugees and Asylum.
- You present new evidence that, for valid reasons, was not submitted during the examination of your first application.
If it is determined during the interview that none of these conditions apply, your new application will not be examined. However, if there are grounds to proceed, the MCS will examine your new application and issue a decision on whether to grant or reject asylum.
In case of a negative decision, you have the right to appeal to the court. While your appeal is pending, you continue to be an asylum-seeker and retain all rights granted to asylum-seekers.