official translation
THE REPUBLIC OF LITHUANIA
LAW
ON REFUGEE STATUS IN THE REPUBLIC OF LITHUANIA
4 July 1995, No.I-1004
Vilnius
1. GENERAL PROVISIONS
Article 1. Purpose of the Law
The Law shall establish the conditions and procedure for the
provision or denial of refugee status to asylum seekers in the
Republic of Lithuania, refugee's rights, duties, and the basis
for entrance and deportation.
Article 2. Recognition of Foreigner as Refugee
In the Republic of Lithuania a foreigner shall be recognised
as a refugee, if he/she has well-founded reasons to fear
persecution because of his/her racial origin, religion,
nationality, membership in some social group, or political views
and cannot, or fears to, enjoy the protection of the country of
which he/she is a citizen, or if he/she has no corresponding
citizenship and is outside the territory of the country where
he/she used to reside, and due to above reasons cannot, or fears
to, return home.
Article 3. Right of Foreigner to Apply for Asylum and Obtain
Refugee Status in the Republic of Lithuania
A foreigner shall have the right to apply for asylum and use
the Republic of Lithuania as asylum country, and obtain refugee
status under the conditions and according to the procedure
provided for in this Law.
Article 4. Reasons Preventing Foreigners from Enjoying
Asylum in the Republic of Lithuania
A foreigner shall not enjoy the right to use the Republic of
Lithuania as asylum, if:
1) there are sound reasons to assume that he/she has
committed a crime against peace, humanity, or a military crime,
as said crimes are defined in international documents;
2) he/she is accused of an actual non-political crime or if
the judgement for a crime or action committed by him/her, which
contradicts the objectives and principles of the United Nations,
has come into force;
3) there are sound reasons to believe that he/she
constitutes a threat to the security of the Republic of
Lithuania, or a danger to its society;
4) he/she possesses the citizenship of several countries and
without sound reasons does not avail him/herself of the
protection of a country of which he/she is a citizen;
5) asylum has been given to him/her in another country, the
help and protection of which he/she has enjoyed;
6) he/she has come from the country in which he/she could
have received asylum;
7) he/she has a very dangerous infectious illness or does
not agree to a medical examination under the suspicion that
he/she has one;
8) he/she refuses to furnish information about him/herself
or provides information that is clearly erroneous about the
circumstances of his/her entrance into the Republic of Lithuania;
9) his/her request for refugee status was denied earlier
under the procedure and conditions of the present Law, and there
is no additional information included in his/her new request; and
10) he/she could enter the Republic of Lithuania under the
procedure and conditions of the Immigration Law.
If it emerges that a foreigner has no entrance documents and
cannot use the Republic of Lithuania as an asylum according to
this Law, he/she is not allowed to enter the territory of the
Republic of Lithuania. The decision not to allow a foreigner to
enter the territory of the Republic of Lithuania shall be adopted
according to laws of the Republic of Lithuania in the procedure
established by the Government.
Article 5. Foreigner with no Right to Receive Refugee Status
in the Republic of Lithuania
A foreigner shall not be provided with refugee status in the
Republic of Lithuania, if:
1) he/she uses the assistance and enjoys the protection
provided by United Nations organisations, other than the United
Nations High Commissioner for Refugees;
2) the competent authorities of the country where he/she
resides acknowledge the rights and duties related to the
citizenship of said country; and
3) there are sound reasons to believe that prior to
receiving asylum in the Republic of Lithuania he/she committed a
serious non-political crime, or is accused of activity that
contradicts the objectives and principles of the United Nations.
Article 6. Denial of the Right to Refugee Status
The right to refugee status shall be denied, if:
1) a foreigner of his/her own free will has enjoyed the
protection of a country of which he/she is a citizen;
2) he/she regains, of his/her own free will, the lost
citizenship;
3) he/she has acquired a new citizenship and enjoys the
protection of the country of which he/she is a citizen;
4) he/she, of his/her own free will, has returned to the
country that he/she left or remained outside its territory
fearing persecution;
5) he/she cannot refuse to enjoy the protection of the
country of which he/she is a citizen, because the circumstances
under which he/she was recognised as a refugee have changed;
6) as a person without any citizenship he/she can return to
the country which earlier was his/her permanent place of
residence, because the circumstances under which he/she was
recognised as a refugee have changed; and
7) he/she has received refugee status in the Republic of
Lithuania by dishonest means.
The provisions of Items 5 and 6 of this Article shall not
apply to refugees if they have sufficient sound reasons relating
to the former persecution and refuse to return to the country
which was his/her permanent place of residence.
The provisions of Item 7 of this Article shall not apply to
refugees if the information furnished by the foreigner does not
influence significantly the decision to award refugee status.
Article 7. Admittance of Foreigner who Wishes to Obtain
Refugee Status, to the Territory of the Republic
of Lithuania
A foreigner who wishes to obtain refugee status shall be
admitted to the territory of the Republic of Lithuania through
the border control posts according to laws of the Republic of
Lithuania in the procedure established by the Government.
Article 8. Inapplicability of Liability for Illegal Entrance
A foreigner shall not be held liable for illegal entrance
and stay, if he/she comes to the Republic of Lithuania from a
country where his/her life or freedom has been exposed to danger
as provided for in Article 2 of this Law, and introduces
himself/herself to officers of institutions of local authorities
or town (regional) police within 48 hours.
Article 9. Prohibition on the Deportation or Return of a
Refugee
A foreigner who seeks to receive refugee status in the
Republic of Lithuania shall not be deported or returned from the
Republic of Lithuania to the country he/she left, if his/her life
or freedom is exposed to danger as provided for in Article 2 of
this Law.
This provision shall not apply to persons provided for in
items 1-3 of Article 4 of this Law.
Article 10. Deportation of Foreigner
A foreigner who has no right to enjoy asylum in the Republic
of Lithuania and obtain refugee status according to this Law, can
be deported from the Republic of Lithuania only on the basis
provided for in laws of the Republic of Lithuania. The Minister
of the Internal Affairs of the Republic of Lithuania shall adopt
the decision concerning deportation.
The foreigner or a representative authorised by him/her
shall be entitled to court appeal against a decision in favour of
deportation made by the Minister of the Interior, no later than
14 days after being notified of that decision. The court shall
give its ruling no later than 10 days after receiving the request
for appeal. The judgement of the court shall be final and cannot
be appealed.
The procedure for deportation shall be set by the Government
according to laws of the Republic of Lithuania.
2. PROCEDURE FOR PROVIDING REFUGEE STATUS
Article 11. Request of Foreigner for Refugee Status and
Provision of Temporary Asylum
A foreigner shall file his/her request for refugee status in
writing or in oral form at the border control post of the
Republic of Lithuania. A request on behalf of under-age children
shall be filed by their parents, legal guardians or an authorised
representative of the institution for protection of children's
rights. A request made in oral form shall be recorded.
Information about the filing of the request shall remain
confidential, unless otherwise desired by the person submitting
the request.
Having established that, according to Article 4 of this Law,
there are no reasons barring the use of the Republic of Lithuania
as an asylum, the foreigner shall be provided with temporary
territorial asylum, while the request for refugee status in the
Republic of Lithuania is examined, or until he/she obtains a
permit to enter another country. A document certifying the
temporary asylum shall be issued. This document, at the request
of the foreigner, provides for free travel to the refugee centre.
Travel expenses shall be covered by the refugee centre.
In the procedure established by the Government according to
laws of the Republic of Lithuania, restrictions of movement can
be imposed on a foreigner who has received temporary territorial
asylum.
Refugee centres shall be established to settle foreigners
who have received temporary asylum. The refugee centres shall be
founded, reorganised or liquidated by the Ministry of Social
Security and Labour or, upon the approval of the Government of
Lithuania, by the Red Cross Society. Funds shall be allotted from
the State Budget of the Republic of Lithuania to maintain the
refugee centres. The Government of the Republic of Lithuania
shall support the founders of the refugee centres, which also
have the right to benefit from the support of other countries,
international organisations or foreign private persons.
A person who has entered the country legally and is within
the territory of the Republic of Lithuania shall submit a request
for refugee status to the town (regional) police commissariat.
A foreigner who has submitted a request for the refugee
status at the border control post must go the refugee centre
without delay. In exceptional cases, for the sake of public
interest, the foreigner shall be escorted to the refugee centre.
Article 12. Time Limits for Examination of a Request for
Refugee Status
A request for refugee status shall be examined within 6
months of the request being filed.
Article 13. Rights and Duties of the Foreigner while the
Request for Refugee Status is Examined
A foreigner requesting refugee status, while his/her request
is being examined, shall:
1) be exempt from payments and taxes related to processing
of documents concerning the request for refugee status;
2) use the services of an interpreter free of charge;
3) live in the refugee centre free of charge and use the
services offered by it;
4) use medical services free of charge; and
5) every month obtain a money allowance for minor expenses.
The duties of a foreigner requesting refugee status, while
his/her request is being examined shall be as follows:
1) to live in the refugee centre and obey laws of the
Republic of Lithuania and the established procedure of the
refugee centre;
2) to allow a doctor to examine him/her according to the
form established by the Ministry of Health Care; and
3) to take an active role in settling affairs related to the
request for refugee status.
The procedure for offering services set forth in item 3 of
Paragraph 1 of this Article and determining the amount of the
allowance set forth in item 5 of this Article shall be
established by the Government of the Republic of Lithuania.
Article 14. Provision of Refugee Status and Personal
Documents
Refugee status shall be provided or denied by the Minister
of Internal Affairs of the Republic of Lithuania. The document
certifying refugee status shall be issued to the foreigner by the
Ministry of Internal Affairs.
At the refugee's request, the Ministry of Internal Affairs
shall issue a travel document for trips outside the boundaries
the Republic of Lithuania.
In cases where sound reasons of national security or public
order prevent a foreigner who has obtained refugee status from
travelling abroad, the Ministry of Internal Affairs may not issue
the travel document on the basis established by laws of the
Republic of Lithuania. The procedure for issuing of the travel
document to the refugee shall be set by the Government of the
Republic of Lithuania.
The Ministry of Internal Affairs of the Republic of
Lithuania, in cases set forth in items 1-7 of Article 6 of this
Law, shall take decisions concerning the revocation of refugee
status.
The decisions of the Minister of Internal Affairs concerning
the provision or denial of refugee status to foreigners can be
examined once again by the Council of Refugee Affairs set forth
in Article 15 of this Law.
Article 15. Appeal Against Refusal to Provide Refugee Status
A foreigner can appeal against a refusal to provide refugee
status within 14 calendar days of receiving the decision to the
Council of Refugee Affairs. One member of the Seimas of the
Republic of Lithuania of the Committee on Health Care, Social
Affairs and Labour, and the Committee on Human and Civil Rights
and Ethnic Affairs, as well as representatives of the Ministry
of Culture, Ministry of Social Security and Labour, Ministry of
Health Care, Ministry of Education and Science, Ministry of
Justice, Ministry of Foreign Affairs, Red Cross, and the Centre
of Human Rights shall be appointed to the Council of Refugee
Affairs. On the recommendation of the Minister of Social Security
and Labour, the composition of the Council of Refugee Affairs and
its terms of reference shall be approved by the Government of the
Republic of Lithuania. The Council of Refugee Affairs must
investigate the foreigner's complaint within 10 calendar days of
receiving it. The decisions made by the Council of Refugee
Affairs to satisfy the foreigner's complaint shall be final.
The foreigner can appeal in court against a decision of the
Council of Refugee Affairs not to provide refugee status within
14 days of being notified of this decision. The court must
investigate the foreigner's complaint within 10 calendar days of
receiving it. The decisions made by the court to satisfy or deny
the foreigner's complaint shall be final and cannot be appealed.
During the investigation of the appeal the foreigner shall
use the Republic of Lithuania as a temporary asylum.
Article 16. Adaptation and Naturalisation of Refugee, and
Provision of Humanitarian Aid
According to the procedure established by the Government of
the Republic of Lithuania the refugee shall have the opportunity
to learn the Lithuanian language and familiarise himself/herself
with the principles of the Constitution of the Republic of
Lithuania, and his/her own rights and duties. The naturalisation
shall be implemented according to the procedure and conditions
established by laws of the Republic of Lithuania. The refugee may
make use of humanitarian aid.
Legal and natural persons of the Republic of Lithuania shall
establish a humanitarian aid fund for refugees. The activity of
the funds can be supported by other states, international
organisations and foreign private persons.
Article 17. Rights, Duties and Liability of Refugee
A refugee in Lithuania shall enjoy all the rights pertaining
to foreigners, which are established in international agreements
and laws of the Republic of Lithuania The refugee must obey laws
and other legal acts in effect, and shall be liable for their
violations under laws of the Republic of Lithuania.
3. FINAL PROVISIONS
Article 18. Quota for Acceptance of Refugees
On the recommendation of the Government, the Seimas of the
Republic of Lithuania shall each year establish a quota for the
acceptance of refugees.
Article 19. Co-operation with International Organisations
The Republic of Lithuania, while solving the problems of
refugees and the issues related to quotas for their acceptance,
shall co-operate with the United Nations High Commissioner for
Refugees and other institutions, shall create conditions to
fulfil their obligations and supervise the compliance with the
1951 Convention and the 1967 Protocol relating to the Status of
Refugees in the Republic of Lithuania, shall furnish necessary
information and statistical data on refugees, implementation of
the Convention and the Protocol, and effective or coming into
force standard acts concerning refugees.
Refugees and asylum seekers shall be entitled to appeal to
representatives of the United Nations High Commissioner for
Refugees, who are in turn allowed, upon the request of refugees
and asylum seekers, to contact them immediately. As an exception
to the confidentiality provided for in Article 11 of this Law,
the United Nations High Commissioner for Refugees shall be
provided with information about requests for asylum.
Article 20. International Agreements
Refugee problems may be solved by signing bilateral and
multilateral international agreements, the provisions of which
must not contradict international documents relating to refugee
status. If international agreements signed by the Republic of
Lithuania set forth provisions that differ from the present Law,
the provisions of the international agreement shall be applied.
Article 21. Registration of Refugees
The registration of refugees shall be conducted according to
the procedure established by the Government of the Republic of
Lithuania.
Article 22. Procedure for Implementation of the Law
The procedure for implementation of this Law shall be
established by the Resolution of the Seimas of the Republic of
Lithuania concerning the Implementation of the Law of the
Republic of Lithuania on Refugee Status in the Republic of
Lithuania.
I promulgate this Law enacted by the Seimas of the Republic
of Lithuania
PRESIDENT OF THE REPUBLIC ALGIRDAS BRAZAUSKAS