UKRAINE 2019 UNHCR PARTICIPATRY ASSESSMENT Refugees and asylum-seekers Access to asylum and quality of status determination procedures Many asylum-seekers in Ukraine said their challenges started with the access to asylum procedure. Russian asylum-seekers mentioned that some of their compatriots who expressed their wish to apply for asylum at the border were refused entry into Ukraine. Many asylum-seekers noted difficulties in registration with the asylum authorities because of the long queues and additional requests to pay fines for irregular stay. The reorganization of the Kyiv migration service contributed to delays in early 2019. DID YOU KNOW In early 2019, the Kyiv State Migration Service’s office closed and transitioned to become a new Central Inter-regional Directorate, in line with eleven other directorates that were already operating around Ukraine. The new directorate re-opened in mid-February but took some time until it could accept new asylum requests. Nevertheless, SMS and UNHCR work closely together in order to ensure a smooth transition. Participants from different groups also noted the absence of independent interpretation in their dealings with the State Migration Service (SMS). Often they were asked to bring their own interpreter in order to apply for asylum. In this regard, some asylum-seekers highlighted that while the SMS had never demanded them to pay money for services, they have received such demands from their compatriots who provide interpretation at the SMS. During a discussion at which the SMS was present, asylumseekers directly referred this problem to the SMS, asking them to create a list of vetted interpreters who do not request money from asylum-seekers. The participants also explained that they are not ready to file formal complaints about such incidents because they are afraid of retribution. DID YOU KNOW While the State Migration Service has a list of registered interpreters on its website, the system does not always function in practice and the authorities usually request asylum-seekers to bring their own interpreters. Therefore, UNHCR recommends to develop procedures for identifying, hiring and training qualified interpreters for all stages of the asylum procedures, including in courts. UNHCR is currently exploring how refugees who have the correct level of language knowledge can be officially certified, hired and paid to support asylum-seekers as they go through the asylum procedure. On the quality of the asylum procedure, while asylum-seekers still mentioned that the SMS provided only brief counselling, they also reported some improvements from the side of the authorities, with better treatment for specific groups (e.g. mentioned by an LGBTI asylum-seeker in Kyiv) during registration and the asylum interview. The lengthy asylum procedure and low recognition rate were raised by the majority of the asylum-seekers, including those from refugee-producing countries such as Afghanistan, Syria and Somalia. Rejected asylum-seekers, in particular those who exhausted the asylum procedure, perceived that they had been rejected because they were unable to pay bribes. They also perceived that the Ukrainian authorities had taken a political decision not to recognize persons of particular nationalities with specific profiles, for example, political activists from CIS countries. Many rejected asylum-seekers expressed deep frustration about remaining for years in legal limbo. “I have been an asylum-seeker for seven years documented with only a dovidka (asylum seeker certificate issued by the asylum authorities). My passport is at the SMS, and they do not give it to me so that I can get married. I cannot marry my girlfriend. I want to have a family, but I cannot!” Asylum-seeker from Afghanistan in Odesa Asylum-seekers and persons with complementary protection (another international protection status in Ukraine) complained about the fact that the documents they are issued with receive little legal recognition. Asylum-seekers who hold only an asylum certificate issued by the authorities – known as a dovidka - stated that when they show this certificate, they cannot get access to medical services, banking or employment. 5