Seeking Asylum: Azerbaijan's Application Process Explained

Azerbaijan is a country where people seek asylum, but it is also a place where its residents flee and apply for asylum in other countries. In 2023, 3,623 people from Azerbaijan fled and applied for asylum elsewhere, with the most common destinations being Germany, France, and the United States. The process of applying for asylum in Azerbaijan involves several steps, including registering with the State Migration Service, undergoing a registration interview, and receiving a Temporary Certificate. Asylum seekers and refugees in Azerbaijan have access to various rights and services, including the right to work without a permit, free public education for children, and access to healthcare.

Register with the State Migration Service

To apply for asylum in Azerbaijan, you must first register with the State Migration Service. This can be done in several ways, depending on your circumstances:

If you are at a border checkpoint or international airport:

You can apply for asylum at any official border crossing point or international airport through the State Border Service of the Republic of Azerbaijan. The State Border Service will then send your application to the State Migration Service.

If you are already in Azerbaijan:

You can submit an asylum application through any official law enforcement body (such as the police) or directly to the State Migration Service. It is important to submit your application as soon as possible after your arrival in the country.

If you are in a detention centre or prison:

You can submit your application for asylum to the administration of the detention facility or via the post service available within the facility. Your application will then be transferred to the State Migration Service for processing.

Once you have registered with the State Migration Service, you will be interviewed by a government official, and an asylum application form will be filled in. This registration interview will take place within 15 days of your approach to the State Migration Service. You and all your family members must attend, and children under 18 can be interviewed in the presence of parents or legal representatives. During the interview, the official will ask for basic information such as your name, place and date of birth, family composition, and the reasons for leaving your country of origin. You will also be asked to present your original travel and identification documents, which will be held by the State Migration Service until a final decision is made on your application.

Within one month of registering with the State Migration Service, you will be contacted and invited to attend a refugee status determination (RSD) interview. This is a crucial step in the asylum process, as it is your opportunity to explain in detail why you left your country of origin and why you are unable to return. It is important to be as truthful and comprehensive as possible during this interview, as refusing to provide information or providing false information may lead to your application being rejected. You have the right to an interpreter and to choose the gender of both the interpreter and the interviewer.

Attend the registration interview

Within 15 days of submitting your asylum application to the State Migration Service, you will be interviewed by a government official, and an asylum application form will be filled in. You will be informed about the date and time of the interview in advance, usually within three days of submitting your application.

It is important that you and all your family members attend this interview. If you are unable to attend for a legitimate reason, such as illness, you must inform the State Migration Service as soon as possible, either by phone or email, or in person. If you are under the age of 18, you can be interviewed in the presence of your parents or legal representative.

During the interview, the official will ask you and your family members for basic information, including your name, place and date of birth, family composition, and reasons for leaving your country of origin and seeking asylum in Azerbaijan. You will be asked to provide original travel and identification documents (such as a passport or travel ID), which will be held by the State Migration Service until a final decision is made on your asylum application.

It is crucial to be as detailed and truthful as possible during the interview. Refusing to provide comprehensive information or intentionally providing false information may lead to your asylum application being rejected. You have the right to an interpreter and to choose the gender of both the interpreter and interviewer. Remember that all information you share is confidential.

You also have the right to free legal counselling from the UNHCR. You can contact them at +994 51 207 59 96, Monday to Friday, from 9 am to 5 pm Baku time.

Receive a Temporary Certificate

Step 3: Receive a Temporary Certificate (TC)

After you have applied for asylum, been registered, and interviewed by the State Migration Service (SMS) in Azerbaijan, you will receive a Temporary Certificate (TC). This certificate is issued to you and each of your family members who are 16 or older. It is an official, stamped document from the Azerbaijani government that includes your name, country of origin, and information about your registration interview appointment (place, time, and date).

The TC is a crucial document as it proves that you are registered with the SMS and that your asylum application is under consideration. It grants you certain rights while you are in Azerbaijan, including the right to reside and work in the country legally, without the need for a work permit. This certificate is valid for three months or until a final decision is made on your asylum application.

Unaccompanied asylum seekers under the age of 18 who entered Azerbaijan without their parents or guardians will also receive a TC. In such cases, the SMS works with relevant executive bodies to issue a guardianship order.

While in Azerbaijan, asylum seekers and recognised refugees have the right to access free public schools for their children and to receive healthcare services. Additionally, asylum seekers can access educational assistance, psychological support, and assistance in self-reliance through various organisations.

Attend the refugee status determination interview

After registering with the State Migration Service, you will be invited to a refugee status determination (RSD) interview within one month. This interview is the most important part of your asylum application, as it is your opportunity to explain why you left your country of origin and why you are unable to return.

During the interview, an RSD Department eligibility officer will ask you for detailed information about your personal situation, so it is important to be as precise as possible and provide as many details as you can. You must tell the truth and be cooperative; refusing to provide comprehensive information or providing false information may lead to your case being closed and refugee status being denied. You can appeal such a decision through the courts or administratively.

You have the right to an interpreter to facilitate your interview and to choose the gender of the interpreter, as well as the interviewer. It is important to ensure that any information you provide to UNHCR and SMS on your profile, background, and personal history is consistent and, to the extent possible, detailed.

During the interview, it is important that you:

• Focus on facts and your personal experience, explaining why it is not possible for you to return to your country of origin. General descriptions of the situation in your country of origin are not sufficient.
• Be open and frank. Some questions may be difficult or feel embarrassing to discuss or disclose, but it is important to respond to the best of your ability. Remember, all information you share is confidential, and the interviewer is there to help you capture your claim as best as possible. Nevertheless, you have the right to refuse to answer such questions, but this will be reflected in the interview notes.
• Be cooperative during the interview, answering all questions truthfully and in as much detail as possible. Do not try to promote your application by hiding certain facts or adding false information, as any serious discrepancies may negatively impact the decision.
• Be patient and make sure you understand all questions before responding. If necessary, ask for the question to be repeated.

If you cannot attend your interview appointment for a legitimate reason, such as illness, you should inform the RSD Department of the State Migration Service by phone and email or by personal visit as soon as possible so that a new appointment can be rescheduled.

Understand your rights and obligations

As an asylum seeker in Azerbaijan, you have the right to work without a work permit and your children have the right to access free public schools. You and your family also have the right to access healthcare, including medical assistance, specialized treatment, mental health services, and psychosocial support. These healthcare services are provided in coordination with the Refugee Status Determination Department of the State Migration Service and the State Agency on Mandatory Health Insurance.

Additionally, you have the right to reside and work in Azerbaijan while your asylum application is being processed. You will be issued a Temporary Certificate (TC) after your registration and interview with the State Migration Service. This certificate is valid for three months or until a final decision is made on your application. It serves as proof of your legal residence in Azerbaijan and allows you to work without a work permit.

As an asylum seeker, you have the obligation to comply with the laws of the Republic of Azerbaijan, including the Constitution, the Law on the Status of Refugees and IDPs (Internally Displaced Persons), and other relevant legislation. You must respect the local culture, traditions, and customs of Azerbaijan. It is important to cooperate fully with the authorities, provide truthful information, and disclose all circumstances relevant to your application for international protection. Keep your contact details updated and inform the State Migration Service within 10 calendar days if you change your address or place of residence within Azerbaijan.

You are also required to have your photo and fingerprints taken, and you may need to undergo a medical examination if required by the authorities. If you are placed in state accommodation facilities, you must obey their rules. Remember that providing false or incomplete information or refusing to cooperate may negatively impact your application.

Frequently asked questions