once their names have appeared on the register of another Ministry of Internal Affairs.244 It is not clear
if there is a right of appeal in a case of mistaken identity.
Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan withdraw permanent residence permission from
prisoners who are stateless.245 The migration service of the Ministry of Internal Affairs in each State
stores it in the place where it was issued. Kazakhstan and Uzbekistan return it automatically when the
prisoner’s sentence is completed. In Tajikistan and Kyrgyzstan, prisoners should also receive a
permanent residence permit when they are released, but it is not clear if the procedure is automatic.
Tajikistan and Kyrgyzstan likewise withdraw the permanent residence permits of stateless persons
placed in medical institutions and institutions for the elderly, for the duration of their stay.246 UNHCR
does not know what provision exists to restore their documents to them.
All five States may revoke the permanent residence rights of a stateless person, deemed to be a
national security threat.247 In Kyrgyzstan, Turkmenistan and Kazakhstan this includes persons
understood to pose a threat to “public order, morals or health”.248 All five States provide for the
revocation of permanent residence permission, found to have been acquired under false pretences.
Under this heading, Kyrgyzstan, Turkmenistan and Kazakhstan specify acquisition of permanent
residence by means of a fictitious marriage between a stateless person and a national.249 In this
context, Turkmenistan and Kyrgyzstan may revoke the permanent residence permission of a stateless
person if their marriage to a national dissolves within five years, and produced no children.250
In all five States, a stateless person whose permission to stay has been revoked, must leave the country
or face expulsion within days.251 It is a court that issues expulsion orders in Tajikistan, Kazakhstan and
Kyrgyzstan, and such orders are open to judicial appeal.252 In Uzbekistan and Turkmenistan, the
244
Article 107, 2004 Inter-Ministerial Order No 215 ‘On Rules of Entry, Exit and Stay of Foreigners in Kazakhstan’; Article
108(3), 2005 Order No 338 ‘On Confirmation of the Instruction on the Ministry of Internal Affairs’ Application of Rules for
Documenting and Registering the Population in Kazakhstan’.
245
Article 31, 1999 Law No 218 ‘On the Rules of Stay for Foreigners and Stateless Persons’ in Tajikistan, as amended in
2008; Article 51, 2008 Regulation No 626 ‘On the Procedure for Issuing Residence Permits in Kyrgyzstan’ and Articles 17
and 19, 2000 Law No 61 ‘On External Migration’ of Kyrgyzstan; Article 30(4), Enclosure No 2, 1996 Rules of Residence of
Foreigners and Stateless Persons in Uzbekistan; Article 27, 1995 Law No 2337 ‘On the Legal Status of Foreigners’ in
Kazakhstan.
246
Article 26, 1999 Law No 218 ‘On the Rules of Stay for Foreigners and Stateless Persons’ in Tajikistan, as amended in
2008; Article 43, 2008 Regulation No 626 ‘On the Procedure for Issuing Residence Permits in Kyrgyzstan’; Article 32,
Enclosure No 2, 1999 Regulations UP-2240 ‘On Residence Permit in the Republic of Uzbekistan Intended for a Foreign
Citizen, Residence Permit in the Republic of Uzbekistan and a Certificate Intended for a Stateless Person’; Article 24, 2000
Decree No 1063 ‘On Rules for Documenting and Registering the Population of Kazakhstan’.
247
Article 31(a), 1999 Law No 218 ‘On the Rules of Stay of Foreigners in Tajikistan’, as amended in 2008; Article 17(2),
2000 Law No 61 ‘On External Migration’ of Kyrgyzstan, as amended in 2008; Article 16(3), 2005 Migration Law of
Turkmenistan, as amended in 2011; Article 38, Supplement No 2, 1996 Resolution of Cabinet of Ministers of Uzbekistan No
408, ‘On Rules of Residence of Foreigners and Stateless Persons in Uzbekistan’; Article 28 (a), 1995 Law No 2337 ‘On the
Legal Status of Foreigners’ in Kazakhstan.
248
Article 17(2), 2000 Law No 61 ‘On External Migration’ of Kyrgyzstan, as amended in 2008; Article 18(2.2), 2005
Migration Law of Turkmenistan, as amended in 2011; Article 28(a) and (b), 1995 Law No 2337 ‘On the Legal Status of
Foreigners’ in Kazakhstan.
249
Article 17(3), 2000 Law No 61 ‘On External Migration’ of Kyrgyzstan, as amended in 2008; Article 16(7), 2005
Migration Law of Turkmenistan, as amended in 2008; Article 28(d), 1995 Law No 2337 ‘On the Legal Status of Foreigners’
in Kazakhstan.
250
Article 16(10), 2005 Migration Law of Turkmenistan, as amended in 2011; Article 17(6), 2000 Law No 61 ‘On External
Migration’ of Kyrgyzstan, as amended in 2008.
251
Article 74, 2006 Order No 338 ‘On Confirmation of the Instruction on the Ministry of Internal Affairs’ Application of
Rules for Documenting and Registering the Population in Kazakhstan’; Article 28, 1999 Law No 218 ‘On the Rules of Stay
for Foreigners and Stateless Persons’ in Tajikistan, as amended in 2008; Article 14, Enclosure No 2, 1999 Regulations UP2240 ‘On Residence Permit in the Republic of Uzbekistan Intended for a Foreign Citizen, Residence Permit in the Republic
of Uzbekistan and a Certificate Intended for a Stateless Person’; Articles 51-56, 2008 Regulation No 626 ‘On the Procedure
for Issuing Residence Permits in Kyrgyzstan’; Articles 16 and 18, 2005 Migration Law of Turkmenistan, as amended in
2011.
252
Article 41, 1999 Law No 218 ‘On the Rules of Stay for Foreigners and Stateless Persons’ in Tajikistan, as amended in
2008; Articles 36 and 37, 2000 Rules No 136 ‘On the Entry and Stay of Foreigners in the Republic of Kazakhstan, and also
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