14-07-2011

Four men stealing to a border onSlovakiawere apprehended in the morning in Transcarpathia. The border detail of Chop Border Detachment noticed some unfamiliar persons in the forest area. As it was established after detention, the detainees were citizens ofGeorgiawho intended to get to EU countries in the search of better life.

InOdessathe border guards of Belgorod-Dnistrovskyi Detachment detained three citizens ofMoldova10 metresbefore the populated area of Krutoyarivka.

For some times last a sufficient decrease in number of trespassers is marked who intend to cross the border illegally. Law enforcement agents of neighbouring countries toUkrainealso registry such a tendency of lessening. During the first six month of 2011 experts of State Border Service fixed in detention of persons of the present category in 2,7 times. In comparison with the last year a change in treatment of trespassers happens as well. Thus, more citizens of CIS countries continue to cross the border. Their part reached 89% from the general amount and only 9% are the citizens from the countries of migration risk. In despite of different forecasts concerning the number of illegal migrants who had to be returned back to Ukraine in accordance with Agreement between EU and Ukraine on Readmission – only 289 persons were accepted during the first half-year border department.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=119035&cat_id=48886

14-07-20116

Three refugees fromGeorgiawere apprehended in the settlement Pinkovce, which is located at the border with Transcarpathian region. They were arrested this week at Slovakian-Ukrainian border by the border patrol with the help of video surveillance cameras. As it was announced by the official representative of Administration of Border Police Sobrance Agnessa Kopernytska, two men and one woman sought political asylum. Detainees were handed over to confinement to thecampGumene.

Two more refugees fromMoldovawere detained by the border guards in the area of Snyna. Their destiny will be decided after the meeting with Ukrainian border guards. Detained Moldavians were passed to Department of Border Control.

Source: http://ua-reporter.com/novosti/105563

June 13, 2011

Project “No borders” greets decision of Supreme Council to adopt in the second reading the Law “About refugees and persons who need subsidiary or temporary protection”. This Law is indisputably expected long ago and is necessary for improving the protection of rights of refugees and asylum seekers.

New law unlike the previous one “About refugees” from 2005 determines the order of regulation of social relations not only in the sphere of person’s recognition as a refugee as well as a person who needs subsidiary or temporary protection, lose or deprivation of this status and also establishment of legal status of refugees and persons who need subsidiary protection and who are granted with temporary protection in Ukraine.

Document specifies in particular that “person who need subsidiary protection” – is a person who is not a refugee according to Convention about refugee status of 1951 and Protocol on refugee status 1967 and this Law, but he/she needs protection as he/she was forced to arrive to Ukraine or stay in Ukraine in consequence of threat to his/her life, security or freedom in the country of origin because of fear of applying to him/her death penalty or tortures, inhuman or such treatment which humbles dignity, treatment or punishment” and “persons who need temporary protection – are foreigners and persons without citizenship, who permanently live on the territory of our country having joint border with Ukraine, who were forced massively to look for the protection in Ukraine because of external aggression, foreign occupation, civil war, conflicts based on ethnic grounds, natural or technological disasters or other events that break civil order in a certain part or at all territory of the country of origin”. The very addition to the list of persons who need subsidiary or temporary protection” is the principle positive achievement of new Law. Besides, the important thing is introduction of single identification document for the applicants during the whole procedure that will guarantee the documentation of persons or it will reduce bureaucracy.

Unfortunately, these regulations provoke cautions and can be used not for benefit of refugees and asylum seekers. Namely:

• Not inclusion to Law  principles on use of possible doubts in the case in favour of the applicant (benefit of the doubt);
• Concession of temporary protection only to those persons who massively come from the countries that do not have joint border withUkraine;
• Unfortunately, Article 3 of Law forbids to extradite or compulsory return refugees or persons who need subsidiary or temporary protection in cases when their life is threatened with danger. The law does not recall about impossibility to extradite persons before the end of the procedure on his/her recognition as a refugee or person who needs subsidiary or temporary protection. Also neither this Article nor other regulations of the Law do not forbid to keep refugees or person who need subsidiary or temporary protection under arrest during the conducting of extradition control and do not propose alternative preventive measure to keeping under arrest;
• Determination of limited term in 5 working days during which a person should apply to bodies of State Migration Service with request to grant him/her refugee status or temporary or subsidiary protection for five working days;
• Possibility to hand over application on refugee status granting or subsidiary protection only through the bodies of SBS, impossibility of passing such applications by the workers of MOI or staff of pre-trial prison;
• Absence of vested rights in the Law for the applicants to claim for conducting interview or rendering service of translation by the person of the same Article as the applicant on religious or other considerations;
• Obligatory dactyloscopy of the applicant (without warning by what means, in which data bases the fingerprints will be kept and which service will have access to them and in absence of adequate legislative regulation to save confidentiality of personal data in Ukraine);
• Undetermined order of SSU controls of conditions due to which refugee status cannot be granted, and unclear formulating of procedure on person’s deprivation of refugee status or temporary protection at presentation of SSU or other body of state power ofUkrainewithout indication of reasons for such a presentation that leaves possibility to apply double standards and corruption.

Project “No borders” expresses hope that other important problems for valuable protection of rights of refugees and asylum seekers such as order of employment, rendering medical and social aid, granting pensions and other social payments that are recalled in the text of the Law and referred to competence of Cabinet of Ministers and other central bodies of executive power in Ukraine will be soon included to corresponding laws and will work in favour of refugees and asylum seekers.

You can get acquaintance with the text of the bill at the website of Supreme Council of Ukraine; the bill is registered at №7252.

Source:http://noborders.org.ua/sfery-dijalnosti/bizhenci-ta-shukachi-prytulku/komentari-vid-proektu-bez-kordoniv-tsentru-sotsialna-diya-do-uhvalennya-verhovnoyu-radoyu-zakonu-pro-bizhentsiv-ta-osib-yaki-potrebuyut-dodatkovoho-abo-tymchasovoho-zahystu-8-lypnya-2011-r/

13-07-2011

The border guards of BS “Uzhgorod” detained illegal migrants two times. The citizen of Russia was stopped at the railway station of Uzhgorod and two citizens of Georgia were caught the same day200 metres before the state border. Georgians intended to cross Ukrainian-Slovakian border beyond the check point.

Four more citizens of Afghanistan were apprehended by the border guards of BS “Novoselytsya” of Chop Detachment together with SSU officers. The car driver having Slovakian registration transported Afghanis – a woman and three children. Seeing law enforcement agents he ran away. At the present moment an operative search of the violator is carried out.

Source: http://pvu.gov.ua/control/uk/publish/article?art_id=118859&cat_id=48886

12-07-2011

UNHCR sees the adoption of new refugee legislation as a very positive step in the process of building up a fair asylum system that will be in full compliance with international standards and the best practices of the European Union.  It is noted that the EU Action Plan on visa liberalization with Ukraine specifically calls for “adoption of legislation in the area of asylum in line with international standards (1951 Geneva Convention with New York Protocol) and EU standards, providing grounds for international protection (including subsidiary forms of protection), procedural rules on examination of applications for international protection, as well as rights of asylum seekers and refugees.”  …

Source: http://www.unhcr.org.ua/news.php?in=1&news_id=224&lang=e

11-07-2011

On June 9, in the afternoon two suspicious persons were detected going to Uzhgorod by the border guards of BS “Chop” in the course of realization of regimen actions in the train № 13 “Kharkov – Uzhgorod” in the coach № 11…

As it was established later, the violators were citizens of Uzbekistan. During the interview Uzbeks confessed that they intended to cross illegally the border of Ukrainian-Slovakian border beyond the check point with further aim to get to the countries of European Union and receive a refugee status there.

Two other “seekers” of better destiny from Moldova were detained on June 7 in the train № 107 “Odessa – Uzhgorod” – the trespassers were going to Transcarpathia under the pretence of tourists. During interview made by law enforcement agents boys planned to go to Italy in the search of jobs and wanted to cross Ukrainian-Slovakian border illegally.

All of these citizens were detained and attracted to administrative responsibility in accordance with Article 204 of Code of Ukraine on Administrative Infringements for attempt to cross the state border illegally.

Source: http://ua-reporter.com/novosti/105427

11-07-2011

The border guards of BD “Uzhgorod” of Chop detachment apprehended three illegal migrants – two citizens of Georgia and a resident from Russia. The Georgians arrived to Kyiv by plane and then changing the transport they got to western border of Ukraine. Coming to Uzhgorod they rent a room in the hotel and waiting until twilight they set out in the search of better life in the countries of Western Europe.

However, the citizen of Russia being detained nearby Ukrainian-Slovakian border has been apprehended already before by the policemen of Vinitsa region. He was called to administrative responsibility for the break of the rules on stay at the territory of Ukraine and he is banned to enter Ukraine for one year. But 60-year-old Russian decided not to return back home and get to Slovakia.

Two more citizens of Georgia were arrested by the border guards of the same detachment in the area of “Verkhovyna Bystra”. They were stopped nearby the border in the suburb of the village Lubnya, V.Bereznyi district, Transcarpathian region.

Source: http://ua-reporter.com/novosti/105438

08-07-2011

Law determines the order of regulation of social relations in the sphere of person’s recognition as a refugee who needs subsidiary or temporary protection, loss or deprivation of this status as well as establishment of legal status of refugees and persons who need subsidiary protection and who are given temporary protection inUkraine.

Document specifies in particular that “refugee” is a person who is not a citizen of Ukraine and in consequence of grounded fears to become a victim of pursuits as to race signs, religion, citizenship (nationality) belonging to certain social group or political beliefs stays beyond the borders of his/her country of citizenship belonging and he/she cannot be provided with the protection of this country  or not having citizenship (nationality) and staying beyond the borders of the country of his/her previous permanent residence he/she cannot or does not wish to return to it because of specified fears.”

In accordance with the Law person crossed the state border of Ukraine in order determined by Ukrainian legislation intending to be recognized as a refugee in Ukraine or as a person who need subsidiary protection should address to corresponding body of Migration Service during five days with an application about his/her recognition as a refugee or person who needs subsidiary protection.

The legislation act contains regulations about conditions in accordance to which person is not recognized as refugee or person who needs subsidiary protection. Thus, person cannot be recognized as refugee or person who needs subsidiary protection, who:

–                      committed a crime against world, military crime or delinquency against humanity and mankind as specified in international law;

–                      committed a crime of non-politic character beyond the border of Ukraine before arriving to Ukraine aiming at recognition as a refugee or persons who needs subsidiary protection if this acting corresponds to Criminal Code of Ukraine belonging to grave or especially grave crimes;

–                      who is guilty in making actions contradicting the goal and principals of United Nation Organizations;

–                      concerning who it is specified that conditions foreseen by Items 1 or 13 of Part 1 of this Law are absent;

–                      who before arriving toUkrainewas recognized as a refugee or person who need subsidiary protection in another country, stayed in the third safe country. The action of this paragraph is not extended to children separated from families and persons born or lived permanently on theterritoryofUkraineas well as their descendants (children, grandchildren).

The corresponding bill is registered at №7252.

Source: http://portal.rada.gov.ua/rada/control/uk/publish/article/news_left?art_id=280547&cat_id=37486

07-07-2011

On June 5, 2011 in the course of operative measures by the operatives of Chop Border Detachment together with officers of SSU in Transcarpathian region a minibus was stopped in the suburb of the village Barvinok, where eight citizens of Afghanistan were as passengers. As it was established later, there were three men and two women with three under age children (8-9 years old), the youngest baby was not even one year old. These passengers were without document and intended illegally to cross Ukrainian-Hungarian border in order to get to the countries of European Union aiming at further travelling in the search of the better life. At present moment, detainees are in the detention centre of Chop BD until clearing the circumstance of the law break.

Source: http://ua-reporter.com/novosti/105320

29-06-2011

Illegal migrants are massively evicted from the country. Kharkiv law enforcement agents carry out raids at the markets and railway stations of the city. People with exotic appearance are checked documents and established whether they stay in Ukraine legally.

Police reports: during three weeks of June 2011 they made more than 500 persons to evict the country.

Vladimir Demchenko (deputy head of Administration on Issues of Citizenship of MOI): Special attention is paid to railway stations and bus depots during the check of the territory, where foreigner citizens are established who avoid legalization of their presence on the territory of Ukraine thereby choosing the way of migration between the regions. At the present moment, since the beginning of 2011 – 4210 protocols have been recorded on administrative responsibility – these are Articles connected with violation of the terms of stay by the foreign citizens on the territory of Ukraine.

Source: http://www.objectiv.tv/290611/57647.html