The asylum request is considered by the Migration and Citizenship Service (MCS) through the interview conducted with you. A positive or negative decision is made.
In case of a positive decision, you are granted refugee status; in case of a negative decision, you are obliged to leave the territory of Armenia if you do not file an appeal against the decision. A negative decision is subject to appeal in all three court instances (see the details in “Rights of asylum-seekers to appeal” section).
You can find below the procedure in the form of a chart. Further, each step of the procedure is described in detail.
Interview
After registering your application at the Migration and Citizenship Service (MCS), an interview will be conducted with you. You will be informed about the date and time of the interview in advance.
The purpose of the interview is to listen to you and understand the risks you faced in your country, the reasons you cannot return, what might happen to you or your family if you do return, and the route you took to reach Armenia. The decision of the MCS will largely depend on the information and evidence you provide, so present your situation clearly, accurately and in as much detail as possible.
Participation in the interview is mandatory and in your best interest. You are required to attend, cooperate with the MCS, and provide truthful and complete information. If you cannot attend the interview for a valid reason, you must inform the MCS in advance or as soon as possible, at least one day before the interview. If you do not attend without valid justification and fail to inform the MCS, your asylum procedure may be suspended and eventually closed, which means you may lose the opportunity to have your case reviewed.
You have the right to request to be interviewed by an MCS official of your preferred gender. If you do not speak Armenian, an interpreter of your preferred gender will be provided. You may also bring an interpreter of your choice at your own cost, with the consent of the MCS.
The interview is confidential. The information you provide will not be shared with the authorities of your country, including embassies, or with any other person without your written consent. Confidentiality is guaranteed by the RA Law on Personal Data Protection.
The MCS will keep a record of the interview. With your consent, a UNHCR staff member, your lawyer from the Office of the Public Defender, or your personal lawyer may also be present during the interview.
In certain cases, if MCS determines that sufficient and credible information is available, and your application is well-founded, a positive decision may be taken without conducting an interview.
Decisions in relation to the claim for refugee status
After the interview, you will receive a letter from the MCS informing you on the decision the MCS has made regarding your asylum application. During the interview, the MCS officer will inform you about the details and deadlines.
The Migration and Citizenship Service will take a decision after submission of asylum application within three months. In some cases, it can be extended up to six months based on the decision by the MCS. As a result of considering the application, the MCS will take a following decision:
- on recognizing as a refugee and granting asylum in Armenia, or
- on rejection of your asylum application.
The decision of the MCS is made through a comprehensive assessment of your statements during the interview, supporting documents in your case file, and relevant information on your country of origin.
The MCS can apply exclusion grounds and not recognize you as a refugee, if there are reasonable grounds to assume that you committed a crime against peace and humanity, a war crime or other serious crimes, or you were found guilty in actions that contradict aims and principles of the United Nations. If you have already been recognized as a refugee by any other country (Signatory State to the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol), then you will be considered as a refugee in Armenia automatically, and the MCS will consider the issue of granting you asylum in Armenia. You will be informed about the decision made by the MCS within three days. You can receive the decision yourself from the MCS or it will be sent to you by mail.
Accelerated procedure for granting asylum
Your asylum claim may be reviewed in an accelerated manner, if:
- Your claim is considered manifestly unfounded, meaning the reasons you provided clearly do not meet the criteria for refugee status.
- Your asylum application has been once considered and rejected and you submitted a new asylum application.
The accelerated procedure is processed within 10 working days. The application processing period may be extended up to one month based on the decision by the MCS.
You have all the rights and obligations set out for asylum-seekers during accelerated procedure.
The accelerated procedure of granting asylum shall not be applied to you, if you are an asylum-seeker with special needs.
Persons with special needs are:
- asylum-seeking or refugee children,
- persons with disabilities,
- older persons, including single elderly
- pregnant women,
- single parents with minor children,
- persons with serious illnesses,
- persons with mental health issues, survivors of trafficking, torture, or other forms of violence.
If you need free legal aid during the asylum procedure, you can apply to the Public Defender’s Office of RA Chamber of Advocates (for more information, please visit: https://www.unhcr.org/am/en/documents-pertaining-to-refugees).