PROTECTION OF THE RIGHT TO ASYLUM

In its work, the Chernihiv Public Committee for the Protection of Human Rights (CHPCHR) does not distinguish people by their legal or illegal status, the presence or absence of conditions for obtaining legal status in Ukraine. Having many years of experience working with foreign citizens, we are constantly faced with a variety of problems and complaints from asylum seekers of varying complexity: from health problems and the risk of forced deportation to complaints about manifestations of racism and hate-motivated violence, ill-treatment by law enforcement agencies, etc. Our task is to individually approach each person in need of help, understand their situation and provide prompt and high-quality assistance.

Thus, in May 2011, with the assistance of the ChGKZHR and thanks to the rapid intervention in the case of the UNHCR office in Ukraine, the forced and illegal deportation of two Afghan citizens was stopped. The mentioned persons were in the process of appealing the decision of the migration authority to grant refugee status. The decisions of the first instance court did not have time to enter into legal force, and the persons did not have time to exercise their guaranteed right to appeal. By the forces of our organization and UNHCR, the persons were released directly at the Boryspil airport a few hours before the forced deportation. Currently, thanks to the participation of the ChGKZHR lawyers, the cases of the mentioned Afghan citizens are being considered in the Kyiv Administrative Court of Appeal.

In early 2011, Somali citizens were illegally detained in Ternopil, who were supposed to be in the process of granting refugee status and had all the necessary documents at the time of detention. By decision of the Ternopil District Administrative Court, the foreigners were forcibly detained and placed in the Temporary Residence Point for Foreigners and Stateless Persons “Rozsudiv” in Chernihiv region. In April 2011, lawyers of the ChGKZPL appealed the said decision. By decision of the Lviv Administrative Court of Appeal, the decision of the Ternopil District Administrative Court was canceled, and the said persons, after their release, returned to the procedure for granting refugee status in Ukraine.

Despite the imperfection of the current legislation regulating migration processes and, sometimes, misunderstandings with representatives of state authorities, the Chernihiv Public Committee for the Protection of Human Rights continues to deal with the problem of illegal migration in Ukraine, making every effort to respect the rights of foreign citizens who need protection and assistance in our country.

Nadiya Edieva

Chernihiv Public Committee for the Protection of Human Rights