Within 3 months from the day of the registration of the asylum application, the State Migration Service will decide to either REJECT or GRANT your refugee status.
How will I be informed about the decision?
Within 5 days after the final decision on your asylum application, you will receive an official letter from the State Migration Service containing the decision of the State Migration Service.
What happens if I am recognised as a Refugee?
If granted refugee status, the State Migration Service will provide you and your family members with Refugee identity documents. You will also be able to apply for a travel document.
The refugee ID will serve as proof of the right to legal residence in the territory of the Republic of Azerbaijan and will allow refugees to exercise their rights and access the services available to them according to the legislation.
The travel document will allow you to travel outside the territory of the Republic of Azerbaijan.
What happens if my asylum application is rejected by SMS?
If the SMS decides you are not a refugee, your rejection letter will be handed over to you in the SMS office within 5 days after the rejection. Once you received such decision, you have to leave the country in 10 days, unless you secure other reasons for your legal stay in the country, in accordance with the Migration Code of the Republic of Azerbaijan. You also have the right to appeal the negative decision within 30 days from the receipt of such decision.
Can I appeal a negative decision of SMS?
If you receive a negative decision (either on admissibility grounds or merits of the claim) but disagree with it, you can submit an administrative appeal to the Head of SMS or apply to the administrative court of first instance in accordance with the place of your residence within 30 days from the date when the rejection was handed over to you. You will be able to apply to the administrative court first instance in accordance with the place of your residence after the consideration of your appeal by the Head of SMS. You will be invited to the SMS to be informed about the results of the Head of SMS consideration. You can submit the appeals by yourself or with the assistance of a lawyer presenting in a written form your disagreement with the decision.
The court personnel will inform you about the communication procedures after you apply. You or a lawyer will have to be presented in court during the hearings, and we encourage you to participate to be able to articulate your claim.
What happens if my appeal is rejected at court level?
If the administrative court of the first instance rejects the appeal, further appeals may be lodged with the Appeal Court and, subsequently, with the Supreme Court.
If the final negative decision on an asylum application is received after exhausting all appeal stages, the rejected asylum seekers will have to leave the territory of the Republic of Azerbaijan unless they secure other reasons for legal residence in the country.
Can UNHCR help me with my appeal?
UNHCR may provide free legal counselling and aid to assist asylum seekers in appealing negative decisions.
Such assistance is available only if UNHCR Eligibility Committee decides to provide support under UNHCR’s legal assistance program through its contracted lawyers. An a/s will be informed by UNHCR whether the assistance will be provided or not.
To request free legal counselling, contact UNHCR by calling +994 51 207 59 96 from Monday to Friday from 9 am to 5 pm Baku time.
