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ASYLUM SEEKING

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What Is Asylum Seeker?

The Republic of Latvia considers a person to be an asylum seeker, if he/she has submitted an application to receive asylum, because he/she is afraid of persecution in the country of his/her citizenship or previous host country (if the person is stateless) due to the following reasons:

• race,
• religion,
• ethnicity,
• social status,
• political conviction.

Photo: UNHCR

The asylum seeker is considered to be a refugee from the moment he/she receives the refugee status.

Who May Apply for the Refugee Status?

Any person, except the citizens and legal aliens of the Republic of Latvia, may apply for the refugee status. However, this person must have well-based reasons (see above) in order to receive the refugee status.

What Are the Required Actions to Receive the Asylum Seeker Status?

In order to become an asylum seeker in the Republic of Latvia, the person must submit an application to the State Border Guard at the border control point or its territorial office.

After the application is submitted, officials of the State Border Guard will interview the asylum seeker. The interview is done to find out the identity of the asylum seeker and reasons why he/she has left the previous residence. In order to clarify all the issues necessary to decide on whether to give or reject the refugee status, the asylum seeker must co-operate with the authorities involved in the asylum procedure and provide all the information essential in the decision-making stage.

The institutions involved in the asylum procedure may not disclose the information provided by the person, except for the cases when the information is requested by the Latvian law enforcement agencies.

If the person stays in Latvia without having appropriate legal basis, for example, a valid visa or a residence permit, he/she is accommodated at the asylum seekers reception centre “Mucenieki” for the time the request is processed.

What Is the Decision-Making Period?

The decision is made within 3 months (with a possibility to extend the period for examination up to 12 months for substantiated reasons) and the person is informed about it immediately. If there are well-grounded suspicions that the asylum seeker is not entitled to request asylum in Latvia, the request is reviewed within 2 working days. The asylum seeker has the right to appeal against a negative decision of the Department of Refugee Affairs at the Refugee Affairs Appeal Council.

What Documents Are Issued to Asylum Seekers and Refugees?

Upon submitting the application to receive the refugee status, the person receives an asylum seeker identity document for the time period the application is processed. The identity document ensures the rights to stay at the asylum seekers reception centre and within its administrative territory with the permission of the centre’s administration.

 The refugee is issued a travel document, which is also the identity document and the permanent residence permit.

What Are the Rights of a Refugee?

The person with the refugee status has economical, social, personal and other rights and freedoms as well as responsibilities provided by the Article 8 “On Human Basic Rights” of Satversme (the Constitution of Latvia). Additionally to the said rights, the refugee may freely leave and enter Latvia, and invite his family members residing in foreign countries. For the first 12 months after receipt of the refugee status, the person receives allowance for living and learning the national language of the state, if the refugee has no other means of sustenance.

Asylum seekers reception centre „Mucenieki”

Asylum Law of Latvia