Mechanisms for access to justice for asylum seekers and refugees during quarantine were discussed in Chernihiv

On August 11, 2020, a round table “Status of observance of the rights of asylum seekers, refugees and stateless persons” was held in Chernihiv. The round table meeting was attended by heads of regional and local centers for the provision of free secondary legal aid, representatives of the Chernihiv Temporary Residence Point for Foreigners, border and migration services, and the legal and human rights community.

The main topics for discussion were resolving current legal and humanitarian issues, access of vulnerable categories of foreigners to legal protection mechanisms, in particular in the context of the COVID-19 epidemic and quarantine restrictions, discussion of new legislation on stateless persons, conflicts in regulatory acts and administrative practice.

Nadiya Ediyeva

, head of programs of the Chernihiv Public Committee for the Protection of Human Rights, said that since 2004 the organization has been actively engaged in issues of monitoring the observance of the rights of refugees and asylum seekers, provides legal support to vulnerable categories of foreigners, in particular on the basis of the Chernihiv Temporary Residence Point for Foreigners (PTPI), holds joint events with state authorities, non-governmental organizations.

First Deputy Head of the Department of the State Migration Service of Ukraine in the Chernihiv region

Volodymyr Rudnytskyi

noted that migration workers are making every effort to fulfill their duties in quarantine conditions within the framework of the legislation, to resolve the issues and problems of applicants as efficiently and quickly as possible, provide consultations, document, and identify persons who have applied.

The Director of the Regional Center for the Provision of Legal Aid in the Chernihiv Region

Iryna Protchenko

and the Director of the Chernihiv Local Center for the Provision of Legal Aid

Volodymyr Bobruyko

spoke about the principles of providing legal aid to international protection seekers and refugees. In particular, the experts discussed in detail the problematic issues that arise for lawyers when providing free legal aid to refugees and asylum seekers, in particular those held in the Chernihiv Temporary Residence Point for Foreigners (PTPI). Volodymyr Bobruyko noted that the centers for the provision of legal aid cooperate with this institution and conduct on-site receptions for persons staying there.

Representatives of the system of the provision of legal aid to foreigners have noted that a high-quality mechanism for providing legal aid to foreigners has been developed between them. Officials assured that although quarantine restrictions have made their own adjustments to the work, this does not constitute a significant obstacle to ensuring the right of foreigners and stateless persons to access legal aid and administrative procedures.

During the event, the attendees also discussed problematic aspects of the new legislation on stateless persons and the procedure for submitting applications for international protection, practical challenges in providing legal aid to foreigners and stateless persons in cases of illegal crossing of the state border under Article 204-1 of the Code of Administrative Offenses, mechanisms for appealing decisions on the detention and placement of foreigners in the PTPI, extension of the terms of their detention and forced expulsion from Ukraine, features of working with applicants who submit forged documents, are wanted or for whom there is a decision to ban entry to Ukraine, consideration of extradition requests, problems of recognition and integration of refugees in Ukraine.

Oleksandr Pryshva

, head of the documentation department of the Chernihiv Temporary Residence Point for Foreigners (TSPF), in particular, emphasized that in the case of a person who is in the TSPF applying for stateless status, the question arises as to the legality of such a person’s stay in the temporary residence point for foreigners. After all, in accordance with clause 2 of article 6-1 of the Law “On Amendments to Certain Legislative Acts of Ukraine Regarding Recognition as a Stateless Person”, during the period of consideration of an application for recognition as a stateless person, a person is considered to be temporarily staying in the territory of Ukraine on legal grounds. To confirm this, the person is issued a certificate of the established form on the application for recognition as a stateless person.

The participants of the event expressed their hope that in the near future the government will bring the regulatory legal acts in line with the new Law.

The event was organized by the Chernihiv Public Committee for the Protection of Human Rights with the support of the Press, Education and Culture Section of the US Embassy in Ukraine within the framework of the project “Ensuring Access to Justice for Asylum Seekers, Migrants and Other Vulnerable Groups of Foreign Citizens in Ukraine”.