e Convention is inapplicable.October 2009, was submitted to Parliament a draft law « ; On Refugees. All asylum applications will be considered under the new law. However, the bill is far from the international standards, and although its adoption can improve the situation of those persons whom Kazakhstan is currently recognized as a refugee, he is unlikely to change for the better the situation of asylum seekers from the CIS countries and China . provisionthe absence of the law »On Refugees« , The status of asylum seekers and refugees legal status equal to other foreign nationals, and they are entitled to the same services. According to the expert, with whom the mission met FIDH, refugees and asylum seekers are considered foreign nationals temporarily residing in the country. They are provided with the same level of protection as transit passengers at the airport. In addition, currently in Kazakhstan, there are two different concepts in the context of the treatment of persons seeking asylum - »refugee« and » asylum seekers «. In practice, this distinction makes it possible to exclude persons who have left their country because of repression by the state, of the procedures for obtaining refugee status, in violation of Kazakhstan's obligations under international refugee law.difference between refugee status and political asylumaccordance with the Law of the Republic of Kazakhstan № 204-I «On Migration» from December 13, 1997, the term «refugee» is defined in accordance with the Refugee Convention and therefore fall under this definition those foreigners who, because of well-founded fear of becoming a victim persecution based on political opinion, race, religion, nationality, nationality, membership of a particular social group have to be outside the country of his nationality and is unable to enjoy the protection of the country (...)" . In accordance with the Regulations on the procedure for granting political asylum to foreign citizens and stateless persons in the Republic of Kazakhstan from 1996:
«The Republic of Kazakhstan shall grant political asylum to individuals and their families seeking asylum and protection from persecution or a real threat to become persecution in the country of nationality and / or residence for political activity, race , nationality or, for their religious beliefs, as well as in cases of violation of human rights provided by international law. status determinationstatus determination procedure regulated by Order № 273 Minister of Labour and Social Protection of 20 November 2007. The competence of the Committee on Migration includes the processing of petitions. Data validation is the Committee of National Security; in their duties also include checking for a criminal record of the applicant and potential links with terrorism. Migration Committee makes recommendationscommissionmajor division of the Commission are located in Almaty and Shymkent, due to the large influx of asylum seekers from Afghanistan in these cities. Distribution Committee consists of representatives of the Committee on Migration, the National Security Committee, an observer from the UNHCR and NGOs. Refugee status is valid for one year. Each year, refugees must apply to the Committee on Migration request for extension of the status, their case is reviewed, and the status of either prolonged or denied in the extension. Persons who refused to renew status are obliged to leave the territory of ...
