Tajikistan charges stamp duty for registering a marriage between a Tajik national and non-national; an amount that is twice the average Tajik minimum wage. Registration of a marriage between nationals in Tajikistan, on the other hand, is free of charge.269 The other four States charge small quantities of stamp duty for registering marriages, regardless of the nationality status of the spouses.270 There is a right of judicial appeal for anyone whose application to marry is refused by a ZAGS in Tajikistan, Kazakhstan, Uzbekistan and Kyrgyzstan, and this right extends to stateless persons. This seems to give some leeway to persons who are unable to assemble a complete set of documentation because in the past they may have lived elsewhere, across State borders. A “groundless” refusal, made because an applicant missed a deadline for supplying a document, or presented documentation incorrectly on account of the “natural movement of populations”, is specifically prohibited in Kazakhstan and Kyrgyzstan.271 Right of appeal on these grounds, however, does not apply to the marriage application of a stateless person without any documents, or someone with undetermined nationality. In all five states, they are likely to have an application to register a marriage, rejected. The UNHCR survey carried out in southern Kyrgyzstan, for instance, shows that 12% of the marriage applications made by interviewees had been rejected for lack of a valid passport or valid identification as a stateless person. This meant that 478 of the 4,042 married individuals surveyed had not been able to register their marriage.272 In Kazakhstan, Tajikistan and Turkmenistan, UNHCR interviewed other stateless persons who had been unable officially to marry. They included holders of 1974 USSR passports in each country, now with adult children. Stateless persons who marry each other, or a foreigner, on State territory in Tajikistan, Kazakhstan, Turkmenistan and Kyrgyzstan do so according to the legislation of the country of their permanent residence.273 All five States recognise the validity of a marriage concluded outside the country by stateless persons with each other or with other foreigners,274 although foreign laws on family and marriage will not be applied in Turkmenistan if they contradict national law.275 A stateless person on State territory who is married to a foreigner, or a national, is entitled to apply for a divorce, in accordance with the national legislation of all five States. Applications are registered in a ZAGS office, on the basis of valid identity documents and a marriage certificate. Stateless persons married to nationals resident outside State territory can also file for divorce, through the relevant consulate or other State representative office, which transmits the information to the national ZAGS office for registration.276 Some States in the region levy a high stamp duty on registering divorce, 269 Article 1 and Article 4, para. 7(1), 2006 Law on Stamp Duty of Tajikistan, No 217. Article 6(a), 1996 Law on Stamp Duty of Kazakhstan, No 631; Article 94, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan; Article 5, 2001 Rules No 91 ‘On the Registration of Civil Status Acts’ in Kyrgyzstan. 271 Article 13(3), 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 154, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan; Article 170, 1998 Marriage and Family Law of Kazakhstan, No 241; Article 7, 2001 Rules No 91 ‘On the Registration of Civil Status Acts’ in Kyrgyzstan. 272 UN High Commissioner for Refugees, A Place to Call Home. The Situation of Stateless persons in the Kyrgyz Republic: Findings of Surveys Commissioned by the UNHCR, UNHCR Bishkek, 2009, page 23. 273 Article 167(4), 1998 Family Code of Tajikistan, No 682; Article 200(3), 1998 Marriage and Family Law of Kazakhstan, No 241; Article 214, 2002 Marriage and Family Code of Turkmenistan; Article 163(4), 2003 Family Code of Kyrgyzstan, No 201. 274 Article 169(2), 1998 Tajik Family Code, No 682; Article 202(1), 1998 Marriage and Family Law of Kazakhstan, No 241; Article 165, 2003 Family Code of Kyrgyzstan; Article 235, 1998 Family Code of Uzbekistan, No 607-1; Article 215, 2002 Marriage and family Code of Turkmenistan 275 Article 222, 2002 Marriage and Family Code of Turkmenistan. 276 Article 216, 2002 Marriage and Family Code of Turkmenistan; Article 37.3, 2005 Law No 60 ‘On Civil Status Acts’ of Kyrgyzstan; Article 42, 2008 Law No 483 ‘On the Registration of Civil Acts’ in Tajikistan; Article 169, 1998 Marriage and Family Law of Kazakhstan, No 241; Article 13, Supplement No 1, 1999 Law No 171 ‘On the Registration of Civil Acts’ in Uzbekistan. 270 ~ 41 ~