Asylum Law

Original Language Title: Patvēruma likums

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/194029

The Saeima has adopted and the President promulgated the following laws: the law of asylum chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) a safe country of origin: the country where according to the legal situation, the application of the legislation in a democratic system and the general political circumstances there is no persecution, torture, inhuman or degrading treatment or inhuman or degrading punishment, as well as there is no threat of violence in situations of international or internal armed conflict;
2) the safe third country, the country where the asylum seeker has stayed before arrival in the Republic of Latvia and in which, as defined in international law, his life and liberty are not threatened because of his race, religion, nationality, membership of a certain social groups or his political beliefs, which are complied with in the prohibition to expel asylum seekers to a country where their life and freedom is threatened due to his race religion, nationality, membership of a certain social groups or his political beliefs and that he would be tortured and subjected to cruel, inhuman or degrading treatment or inhuman and degrading punishment, and to which the asylum seeker has the opportunity to request refugee status and, if found to be a refugee, to get protection under the 1951 Convention of 28 July on the refugee status;
3) family: asylum seekers, refugees or the spouse of the person who granted the alternative status or temporary protection, as well as asylum seekers, refugees or persons with alternative status or temporary protection, and that person's spouse and minor children who are unmarried and is located in one of the two or the spouse or dependent adopted, if the family already existed in the country of origin;
4) the country of origin, the person of the nationality of the country (countries) or a stateless person's country of former habitual residence;
5) minor unaccompanied third-country national or a stateless person who is younger than 18 years and arrived in the Republic of Latvia unaccompanied by an adult who is responsible for her under the law or custom, also a minor, which left unaccompanied after the arrival in the Republic of Latvia;
6) temporary protection — emergency measures by which a group of people in accordance with the procedure laid down in this Act confers the right to determine the time of stay in the Republic of Latvia;
7) asylum seekers, a third country national or a stateless person who in accordance with the procedure laid down in this Act shall submit an application for refugee status or subsidiary in the Republic of Latvia, until the entry into force and become the undisputed, the final decision on his application;
8) asylum procedures-procedures pursuant to this law, examine the application for asylum seeker refugee status or subsidiary from its submission now until the entry into force and become the undisputed, the final decision on his application;
9) first country of asylum: the State assume back asylum seekers, in which he is recognized as a refugee and you can still benefit from such protection or otherwise enjoys sufficient protection and that including the prohibition of deportation of asylum seekers to a country where his life and freedom is threatened because of his race, religion, nationality, membership of a certain social groups or his political views;
10) a third country national or a stateless person-a person who is not the Republic of Latvia, other Member State of the European Union, the countries of the European economic area or the Swiss Confederation, as well as a citizen of a stateless person who has granted this status for any of these countries. 2. article. The purpose of the law this law aims in accordance with universally recognized international human rights principles to ensure the right of persons to receive asylum in the Republic of Latvia, to obtain the status of refugee or alternative or receive temporary protection. 3. article. The principle of non-refoulement (1) asylum seekers cannot be deported to a country or a State in which there is this law, article 20, first paragraph or article 23 referred to in the first subparagraph.
(2) a refugee may not be expelled to a country or a State in which there is this law article 20 referred to in the first subparagraph.
(3) the Person to whom the Republic of Latvia assigned alternate status, may not be expelled to a country or a State in which there is this law article 23 referred to in the first subparagraph.
(4) the first and second parts are not subject to the provisions of the asylum seeker or a refugee, where there is at least one of the following conditions: 1) has reason to believe that the asylum seeker or a refugee constitutes a danger to national security or public order and security;
2) the asylum-seeker or refugee, having been convicted by a judgment of the Court of Justice found guilty of such a crime in accordance with the laws of Latvia constitutes a particularly serious crime and constitutes a threat to the Latvian public. 4. article. Asylum procedure and the institution of the United Nations High Commissioner for Refugees (1) cooperation by the United Nations High Commissioner for refugees demand asylum procedures in the participating institutions provide: 1) the opportunity to meet with the asylum seekers, even if he is detained;
2) for information on the asylum seeker's application for refugee status or subsidiary, if he agrees to the asylum procedure, as well as institutions involved in decisions and court rulings.
(2) in considering an application for refugee status or subsidiary, the asylum procedure, the participating institutions to evaluate the United Nations High Commissioner for refugees views the asylum seeker's application. 5. article. Non-disclosure of information (1) the institutions involved in the asylum procedure, employees do not have the right to disclose information about the asylum seekers, including the application of this article except the fact referred to in the second subparagraph. On the disclosure of information by the employee called to disciplinary responsibility, administrative responsibility or criminally.
(2) information on the asylum-seeker may be made in cases where the person concerned has consented in writing to it or information within their competence are requested by public authorities, as well as foreign institutions, if it complies with the Republic of Latvia's international obligations.
(3) if the asylum procedure, the participating institutions obtain information from article 25 of this law the persons referred to in the information obtainable in such a way that these individuals are directly informed of the fact that a particular person is an asylum seeker, a refugee or a person who is granted alternative status, as well as to avoid harm to that person and its dependent or still living in the country of origin of the family life, liberty, security and health. Chapter II of the asylum seeker's residence in the Republic of Latvia on article 6. The application (1) the Person's application for refugee status or subsidiary (hereinafter applications) shall be submitted personally to the National Guard: 1) at the border inspection post of entry into the Republic of Latvia;
2) territorial State border guard unit, if a person is located in the Republic of Latvia.
(2) the applicant shall identify the National Guard. The National Guard has the right to: 1) take the asylum-seeker and his belongings, as well as remove objects and documents if they can play a role in the consideration of the application, or they may compromise the asylum seeker, or the public. The following protocol is drawn up;
2) define and organize documents, subject matter, language, medical and other examinations and tests to identify asylum seekers;
3) remove the asylum seeker's fingerprints and photographed.
(3) the State border guard of the carried out interviews with asylum seekers. Discussions can record sound and picture recordings of previously informing the applicant. The negotiations, if not carried out according to the doctor's opinion, the asylum seeker is in permanent health problems that prevent this.
(4) the State border guard of the available information on the asylum seeker, discuss the information obtained and the application shall be submitted to the citizenship and Migration Affairs Board (hereinafter the Board).
(5) the minor unaccompanied submissions presented in the first part of this article. Unaccompanied minors in the personal and property relations during the asylum procedures in family courts or its representative appointed guardian or child care institutions.
(6) discussions with minor officers who have the necessary knowledge for minor disabilities. 7. article. The asylum seeker's identity document (1) the asylum-seeker identity and travel documents to be transferred to the National Guard, until a final decision is taken on the status of refugee or alternative or refusal to grant, except where the asylum seeker has a different legal basis to stay in the Republic of Latvia.

(2) asylum in the Republic of Latvia, the issue of the asylum seeker's identity document. Its form and procedure determined by the Cabinet of Ministers.
(3) the asylum-seeker identity document are entitled to stay in the accommodation centre for asylum seekers. 8. article. Accommodation centre for asylum seekers (1) asylum procedure, asylum seekers are housed in accommodation centres for asylum seekers, which provided necessary conditions for household appliances. Underage person to ensure the physical and mental development of the necessary domestic conditions. Asylum seekers may move from one asylum seeker accommodation Center to another.
(2) asylum-seekers may not put the asylum seeker accommodation Center while he has another legal basis to stay in the Republic of Latvia. Changing the place of residence, the asylum seeker shall inform the administration of the new residence address.
(3) the unaccompanied minors housed in accommodation centres for asylum seekers, to the guardian appointed by the family courts or child care institution. Decision concerning minors unaccompanied accommodation Accommodation Centre for asylum seekers, to the guardian or child care institution shall adopt governance fosters, clarifying views, taking into account the minor's interests and views under this person's age and maturity and subject to the following conditions: 1) of minors unaccompanied minors are housed with relatives;
2) children of one family is inseparable, except when it is done in the interest of the child;
3) underage person unaccompanied accommodation change only if it matches the person's interests.
(4) the cabinet shall determine the order in which a minor asylum seeker to provide educational opportunities.
(5) the asylum seeker accommodation Center is the administrative organ. The asylum seeker accommodation Center internal rules approved by the Cabinet of Ministers.
(6) expenses that it incurred minor unaccompanied housing a child care institution, in the order of the Cabinet of Ministers and about the bear from the Ministry of Welfare for the current year were assigned for this purpose State budget.
(7) the asylum seeker accommodation Center for asylum-seekers accommodated in the diet, as well as hygiene and essential for the acquisition of goods and the amount of expenditure incurred in the procedure determined by the Cabinet of Ministers. 9. article. The detention of asylum seekers (1) the national border guard has the right to detain asylum seekers for up to seven a day, if there is at least one of the following conditions: 1) don't see the asylum seeker's identity;
2) has reason to believe that the asylum seeker trying to abuse the asylum procedure;
3) competent national institutions, including the National Guard, there is reason to believe that the asylum seeker constitutes a threat to national security or public order and security.
(2) the State border guard of the detained asylum seekers and judge the decision on the detention of asylum seekers adopted immigration law.
(3) in the first subparagraph for the detention period may be extended, but the total period of detention may not exceed the term of the asylum procedure.
(4) the State border guard of detaining asylum seekers, detention Protocol shall be drawn up stating the composition time, place, phone dialer, protocol name, details of detainees, detention time and the Foundation. The minutes shall be signed by the official, written, and it held. If held refuses to sign the Protocol, the Protocol.
(5) the time of detention of asylum seekers housed the territorial State border guard Department specially fashioned into spaces for this purpose (hereinafter referred to as the State border guard of the asylum seeker accommodation facilities), installation and fitting requirements determined by the Cabinet of Ministers. Detention centres for asylum seekers may move from one national border guard asylum seeker accommodation space to another.
(6) the time of detention of asylum seekers housed separately from persons who are suspected of committing the crime.
(7) the State border guard of the asylum seeker accommodation space of the internal rules, as well as the subject and a list of substances, which detained asylum seeker is prohibited to keep asylum seekers in accommodation spaces shall be determined by the Cabinet of Ministers.
(8) the State border guard of the accommodation of asylum seekers housed in the premises of the residence of the asylum seeker, as well as hygiene and essential goods is determined by the Cabinet of Ministers. Chapter III rights of asylum seekers and obligations Article 10. The asylum seeker's right to asylum seeker has the right to: 1) submit application and during the negotiation to provide explanations in a language that he understands and in which he is able to communicate. If necessary, call upon the national border guard of the interpreters, whose services cost of these goals for the State budget;
2) to receive information from the State border guard and the Government on asylum procedure, their rights and obligations during the procedure and institutions involved in the asylum procedure. This information, the asylum seeker shall have the right to get a language that he understands and in which he is able to communicate;
3) at its own expense, invite the person receiving legal aid. Where the asylum seeker is not sufficient funds, he has the right to ensure the State legal aid Act on State legal aid, and to the extent set out in the order (hereinafter the State provided legal aid);
4) to get acquainted with his documents in the case, except when disclosures in the documents: (a)) may be harmful to the interests of Latvia, b) can be detrimental to the safety of the persons providing information or security of the person to whom the information relates, c) can affect the asylum procedure of the institutions involved in investigative activities related to the consideration of the application;
5) receive regulatory decision of Chief Inspecting Officer of explanation of the appeal and the language that he understands and in which he is able to communicate, unless the asylum seeker or his or her agent a person authorised to provide free legal assistance;
6) receive emergency medical assistance and primary health care for public funds;
7) to communicate with the United Nations High Commissioner for refugees;
8) as well as other legal rights. 11. article. The asylum seeker's obligations (1) the applicant must: 1) cooperate with the National Guard in order to remove his fingerprints, photograph and identify them, with the Administration, as well as with other institutions involved in the asylum procedure;
2) talking and personally as soon as possible to provide all the information required for the consideration of the submission and adoption of an appropriate decision, even if the authorised person. Obligation as soon as possible to provide all the information also applies to the trustee of the asylum seeker;
3) in the interest of public health to take the health check on the Cabinet in the order;
4) staying in accommodation centres for asylum seekers or the national border guard in asylum seeker accommodation space, to respect the internal rules;
5) perform other legal obligations.
(2) the first subparagraph of this article referred to in paragraph 2, the information is also an explanation of the asylum seeker and the documents in his possession on his age and previous actions, including his family, his father and mother, brothers and sisters, identity, citizenship, place of residence and previous residence, previous asylum applications, travel routes, identity and travel documents, as well as the reasons for which the application is submitted. Chapter IV consideration of the application, the decision and the appeals procedure article 12. Regulatory decisions the regulatory Manager authorised officer shall decide on the acceptance of the application: 1) or leaving without examination;
2) refugee status or subsidiary or refusal to grant it;
3) status of refugee or alternative loss or subtraction;
4) the responsible Member State, which will examine the submissions presented to this law, article 6, first paragraph, in accordance with the procedure laid down in the Republic of Latvia or in any other Member State in accordance with the Council of 18 February 2003 Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for third country examining an asylum application lodged in one of the Member States;
5) temporary protection or extension. 13. article. Examination of application and decision making period (1) the adoption of a decision on the application for review or leaving without a Government Manager authorised officer takes five working days after of the national border guard received this law, article 6 of the documents referred to in the fourth paragraph.

(2) Administration Manager authorised officer shall examine the application and the decision on the status of refugee or alternative or refusal to grant it to adopt, within three months, if there is this law article 20 or in the first paragraph of article 23 of the conditions referred to in the first subparagraph. Interior Ministry Secretary of State or his authorised person good reason may extend the time limit for the examination of application for up to 12 months.
(3) article 19 of this law under the first paragraph of the order management Manager authorised officer shall examine the application and adopt a decision within 10 working days.
(4) the second and third subparagraphs specified period shall run from the date of the Government's authorized officials of the Chief decision on acceptance of the application, or the date of receipt of the application, the Court ruling on adoption.
(5) the management of the Chief authorising officer, the first paragraph of this article shall take a decision within the time limit for making the application for review or leaving without examination, if according to the Council of 18 February 2003 Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for third country examining an asylum application lodged in one of the Member States, received in another Member State the competent authorities of the decision on the refusal to examine an application or of the Republic of Latvia is responsible for application submitted in another Member State. 14. article. Decision on application for leave without examination (1) the decision on the application without leaving the examination Administration Manager authorised officer shall adopt, if there is at least one of the following conditions: 1) other Member State of the European Union (hereinafter referred to as Member States), the asylum seeker is granted the refugee status;
2) non-member country, is considered the first of the asylum seeker's country of asylum;
3) non-member country, is considered safe for an asylum seeker to a third country;
4) asylum seekers in the Republic of Latvia has made repeated submissions after the entry into force and become the undisputed decision on refusal to grant the status of refugee or alternative, and it does not contain new information that could serve as a basis for refugee status or subsidiary.
(2) Administration Manager authorised officer assesses the conformity of the application of this law article 19, first paragraph, or article 20, first paragraph, and article 23, first subparagraph, if the safe third country does not permit the applicant to enter its territory. 15. article. Decision on acceptance of the application for review (1) the administration of the Chief authorising officer shall take a decision on the acceptance of the application for review, if there is no article 14 of this law the conditions referred to in the first subparagraph.
(2) in the first subparagraph, that decision may not be appealed. 16. article. Consideration of the application procedure (1) in considering the application, the Administration Manager authorised officer first decides on the granting of refugee status to asylum seekers in accordance with the provisions of the Act. Where the asylum seeker is not subject to this law, the first paragraph of article 20, the conditions of Administration Manager authorised officer shall decide on the granting of subsidiary protection in accordance with the procedure laid down in this Act.
(2) every application for asylum seekers examined individually. In assessing whether the asylum seeker is persecuted or may be persecuted, suffered or may suffer serious harm, the Administration Chief of the authorised officer shall take into account: 1) the facts, having regard to the asylum seeker's country of origin at the time of taking a decision on the status of refugee or alternative or refusal to grant, including laws and regulations of the country of origin and the manner in which they are applied;
2) asylum seeker's explanations and documents submitted;
3) individual asylum seeker status and personal circumstances;
4) whether the applicant's activities since leaving the country of origin is not intended to create the conditions for refugee status or subsidiary;
5) whether it is reasonable to expect that the asylum seeker has adopted the protection of another country where he could assert citizenship.
(3) The applicant justified fear of persecution or to justify the likelihood that he may suffer serious harm, indicate the fact that the asylum seeker has already been subject to persecution or serious harm or to direct threats of persecution or harm and have founded reasons to believe that such persecution or serious injury can occur.
(4) If the applicant is not justified in the explanatory notes supplied with documents or other evidence, it shall not need confirmation, when the following conditions occur: 1) the asylum-seeker has provided all the information in your possession;
2) explanations of the asylum seeker is incredible, non-controversial and comply with regulatory information available;
3) the asylum-seeker submitted the application as soon as it was possible.
(5) the decision on the status of refugee or alternative or refusal to grant it apply also to the minor asylum seeker children (also in custody) if they at the same time with parents or arrives in the Republic of Latvia. In considering the application, taking into account the minor's views.
(6) regulatory Manager authorised officer, assuming this law article 12 decisions, one may include a decision by the asylum seeker and his family, if these persons the application based on the same facts.
(7) If, pursuant to article 6 of this law, the provisions of part three of the interviews with the asylum-seekers were not carried out, the Administration Manager authorised officer of this law article 12 1 and 2 of the decisions taken on the basis of the national border guard and administration information for asylum seekers. Article 17. The need of protection of a person staying in the Republic of Latvia it if the person staying in the Republic of Latvia, then founded the reason they justified fear of persecution or of possible serious damage may be: 1) events in the asylum seeker's country of origin, which occurred after he had left the country;
2) actions in which an asylum seeker involved in since leaving the country of origin, especially if it is established that the activities to which the reasonable fear that testifying and continue to assure the people in the country of origin of the former conviction or orientation. 18. article. Introduction to the asylum seeker of the decision of the asylum seeker with the content of the decision iepazīstinām immediately. If the asylum seeker is held in detention, based on one of this law, article 9, first paragraph, of the decision presented him with the National Guard. 19. article. Consideration of the application of the abridged procedure (1) Administration Manager authorised officer shall examine the application in the accelerated procedure and shall adopt the decision on the refusal to grant the refugee status, or alternatively if there is at least one of the following conditions: 1) the asylum-seeker is from a safe country of origin;
2) asylum-seekers arrived in the Republic of Latvia, the non-Member States and for asylum seekers considered to be a safe third country;
3) the asylum-seeker has filed yet another petition, stating other personal data;
4) the asylum-seeker without reasonable cause to make submissions before, although he had the chance, including to hinder or prevent his expulsion from the Republic of Latvia;
5) asylum seeker constitutes a threat to national security or public order and security.
(2) Administration Manager authorised officer not evaluated this law, article 20, first paragraph and article 23 referred to in the first subparagraph, if there is one of the first paragraph of this article. 20. article. The conditions for the granting of refugee status (1) for refugee status may apply for the third country national concerned, who, reasonably fearing persecution because of his race, religion, nationality, membership of a certain social groups or their political opinion, is outside the country of which he is a national, and the inability of such fear does not want to accept their country of nationality or a stateless person, who, being outside of their previous country of residence , for the same reason unable or unwilling to return to it and which is not covered by article 27 of this law.
(2) a Person shall not be eligible for refugee status, if it is more than one State, and without reasonable cause does not use legal protection in one of their countries of nationality. The nationality of the person is the State where every citizen that person is. 21. article. The concept of persecution (1) on the persecution of this law, article 20, first paragraph the purpose of recognisable: 1) that its nature or incidence is severe enough to cause serious violations of fundamental human rights;
2) several actions, including violations of human rights which is sufficiently severe as to affect an individual in the first part of this article in the form referred to in paragraph 1 in the same way.
(2) the first paragraph of this article steps can be: 1) physical or mental violence, including sexual violence;
2) legal and administrative measures or police or judicial measures which are in themselves discriminatory or are implemented in a discriminatory manner;

3) disproportionate or discriminatory accusation or disproportionate or discriminatory punishment;
4) denial of judicial redress resulting in a disproportionate or discriminatory punishment;
5) prosecution or punishment for refusal to perform military service in a conflict, if the performance of military service would include crimes or acts covered by this law, article 27, first paragraph, 3, 4, and 5;
6) actions specifically targeted at sex or against minors. 22. article. The reasons for persecution (1) Administration Manager authorised officer when assessing the reasons for persecution, asylum seekers taken into account: 1) race, color, descent, or membership of certain ethnic groups;
2) religious affiliation, attendance at the official private or public worship, the other his religious activities or consider the expression of opinions, religious beliefs or personal or group based behavior;
3) nationality, which can manifest as such affiliation to a group determined by its cultural, ethnic, or linguistic identity, common geographical or political origins or relationship with the population of another State;
4) affiliation of certain social groups, that meets one of the following characteristics: (a) the members of the group are common) innate characteristics or common origin that cannot be changed, or they are common signs or belief that the person's identity or conscience is so important that a person can not shake it up, and the group in that country is the identity of the specimen that the surrounding community perceived as different , b) depending on the circumstances in the country of origin of a particular social group, it can be considered to be a group whose main characteristic is a certain common sexual orientation;
5) political opinions or views on this law referred to in article 25 of the Prussians and their possible policy regardless of whether the asylum seeker has acted in accordance with his views.
(2) in assessing whether the asylum-seeker's fear of persecution is well-founded, it is not essential to his actual race, religion, nationality or membership of a certain social or political groups, due to which he may be subject to persecution, unless article 25 of this law shows the pursuers apply to asylum seekers the signs mentioned above. 23. article. Alternative status conditions (1) to an alternative status may apply for the third country national or a stateless person, which cannot be granted refugee status in accordance with article 20 of this law, the first paragraph and which is not subject to this law, the provisions of article 28, if there is reason to believe that he went back to their country of origin could be subjected to serious harm, and for this reason unable or unwilling to accept the protection of that country.
(2) a Person shall not be eligible for an alternative status, if it is more than one State, and without reasonable cause does not use legal protection in one of their countries of nationality. 24. article. The concept of serious damage serious damage within the meaning of this law are: 1) the imposition of the death penalty the asylum seeker or execution;
2) the asylum-seeker's torture, inhuman or degrading treatment they or their inhuman or degrading punishment;
3) serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict. 25. article. The pursuers of the wrongdoer or heavy men or heavy the wrongdoer may be: 1) the country of origin;
2) country of origin, parties or organisations controlling the State or a substantial part of its territory;
3) country of origin groups or individuals, if it can be shown that the country of origin, the parties or organisations or the international community unable or unwilling to provide protection against persecution or serious harm as defined in article 26 of this law. 26. article. Protection (1) the decision of a refugee or an alternative designation or refusal to grant, Chief of the Government's authorized officer assess the possibility of protection in the country of origin. Protection can be ensured: 1) the country of origin;
2) the country of origin by parties or organisations controlling the State or a substantial part of its territory.
(2) protection is provided, if the country of origin, the parties or organisations or the international community take steps to prevent the persecution or serious harm, including also maintains an effective legal system, the purpose of which is to reveal to persecution or serious harm related activities, as well as to convict and punish for these actions, and if the asylum seeker has such protection. 27. article. Cases in which refugee status is not granted (1) refugee status shall not be granted if there is at least one of the following conditions: 1) person receives protection or assistance from other United Nations bodies, with the exception of the United Nations High Commissioner for refugees. If such protection or assistance has been terminated for any reason and if the United Nations General Assembly resolution of its position is specified, subject to the provisions of this law;
2) Republic of Latvia recognised by the competent authority that the person has rights and obligations which are attached to the possession of the citizens of Latvia, or equivalent rights and obligations;
3) person committed the international instruments defined crimes against peace, war crime or crime against humanity;
4) person prior to arrival in the Republic of Latvia committed a crime that is not political in nature and which, in accordance with the law of the Republic of Latvia constitutes a particularly serious crime;
5) person taken steps against the United Nations purposes and principles;
6) has reason to believe that the person poses a threat to national security or public order and security;
7) person, who with the judgment of the Court of Justice of the Republic of Latvia recognized guilty of a particularly serious crime, constitutes a danger to the public in Latvia.
(2) the first subparagraph of this article 3, 4 and 5 shall also apply to persons inciting those crimes or activities or otherwise participating in the activities of the said crime or offence or facilitating. 28. article. Cases where an alternative status shall not be granted (1) alternative status shall not be granted if there is at least one of the following conditions: 1) the person committed to the international instruments defined crimes against peace, war crime or crime against humanity;
2) person committed a crime under the law of the Republic of Latvia recognized as serious or very serious crime;
3) person taken steps against the United Nations purposes and principles;
4) there is reason to believe that the person poses a threat to national security or public order and security;
5) person prior to arrival in the Republic of Latvia committed a crime, for which it would be applicable to imprisonment, if it had been committed in the Republic of Latvia, and has left its country of origin solely in order to avoid the penalty for this crime.
(2) the first subparagraph of this article 1, 2, 3 and 4 shall also apply to persons inciting those crimes or activities or otherwise participating in the activities of the said crime or offence or facilitating. 29. article. Possibility of protection in the country of origin of the asylum seeker does not grant refugee or alternative status if any part of his country of origin in fear of possible serious damage and of persecution is not justified and the asylum seeker can stay in this part of the country. 30. article. The decision on the application for abandonment without examination or for refugee status or subsidiary protection or the refusal to grant the appeal (1) the Chief of Government authorized officials of the decision on the application for abandonment without examination or for refugee status or subsidiary protection or refusal to grant it can appeal to the District Administrative Court (hereinafter: the Court) of the asylum seeker or his authorised person in the cases provided for in this Act. Applications (things) during the person considered as asylum-seekers, with the exception of article 32 of this law provided for in the second subparagraph.
(2) the applicant or the authorized person application to the Court for the administration of the Chief officials of the decision notified to it in accordance with this law, article 14, first subparagraph, article 19, first paragraph, or article 20, first paragraph, and article 23, first subparagraph, shall be submitted to the Board within 10 working days from the date of entry into force of the decision.
(3) the Board received an application together with its translation into national languages, as well as regulatory documents held and evidence of one working day from the date of receipt of the translation transmitted to the Court. The Board provides the application translated into the national language month from the date of receipt. If the translation is not possible to make that deadline, the Administration may extend the application of superior translation deadlines for another two months.
(4) the applicant is exempt from State fees for filing in court. 31. article. Application to court (1) case instituted on the basis of an application for managing your manager authorized officials of the decision, the Court shall consider:

1) within five working days from the date of adoption of the decision on the application and the initiation, where a decision adopted in accordance with this law, the first paragraph of article 14;
2) within three months from the date of adoption of the decision on the application and the initiation, where a decision adopted in accordance with article 20 of this law, the first paragraph or first part of article 23;
3) within five working days from the date of adoption of the decision on the application and the initiation, where a decision adopted in accordance with article 19 of this law, the first paragraph. The Court shall assess the management authorized officials of the decision of the Chief compliance with this law, the first paragraph of article 19 of the conditions and regulations.
(2) the case instituted on the basis of the application of this law article 14 or in the first paragraph of article 19 of the decision referred to in the first paragraph, the Court shall consider the written process, and does not require the consent of members of the administrative procedure. Case instituted on the basis of the application of the decision adopted in accordance with article 20 of this law, the first paragraph and the first part of article 23, the Court may consider the written process, if it recognises that the existing evidence is enough to make this thing successful.
(3) If the law says any procedural actions enforcement period, but by following the relevant procedural act within this time limit, does not comply with the first paragraph of this article, the conditions, the judge (Court) determines the appropriate procedural actions enforcement of the deadline.
(4) the Court ruling is final and not appealable. The court order shall enter into force at the time of delivery and will be reported immediately to the applicant explaining his ruling, the nature of the language that he or she should understand and which he is able to communicate. The ruling of the Court shall without delay inform the Government and the National Guard.
(5) a court decision adopted by application or the proposed consideration of the necessary procedural actions, is not open to appeal.
(6) regulatory Manager authorised officer assesses the conformity of the application of this law article 19, first paragraph, or article 20, first paragraph, and article 23 conditions of the first subparagraph, if the Court decides that the asylum seeker is not subject to this law, the first paragraph of article 14.
(7) Administrative Manager authorised officer assesses the conformity of the application of this law article 20, first paragraph, and article 23 conditions of the first subparagraph, if the Court decides that the asylum seeker is not subject to this law, the first paragraph of article 19. 32. article. Repeat application (1) where the asylum seeker is not favourable decision has come into force and become the undisputed, the person concerned shall have the right to make a confirmatory application to the case when the circumstances have changed for good, which was the basis for a decision. Administration Manager authorised officer after repeated submission of the evaluation referred to in the decision on the application for review or adoption leave without examination. If the application contains sufficient information to make a decision referred to above, article 6 of this law is provided for in the third paragraph, the negotiations with the asylum seeker is not required.
(2) Administration Manager authorized officials of the decision on the application for leave again without hearing the person concerned or the authorised person can appeal against this law, article 30, second paragraph. During the examination of a complaint is not considered an applicant for asylum.
(3) Administration Manager authorised officer scored again with this law of the application of article 20, first paragraph, and article 23 conditions of the first subparagraph, where a decision has been taken on the adoption of the application for review. 33. article. A person's deportation from the Republic of Latvia a Person whose application is dealt with in accordance with the procedure laid down in this Act and in respect of which the decision on refusal to grant the refugee status or subsidiary, is banished to immigration law, except it has a different legal basis to stay in the Republic of Latvia. Chapter v the status of refugee and subsidiary acquired the rights and obligations of the parties article 34. The status of refugee and gained the right to information of the person after the refugee status has been granted, or alternate person governance it provides information on rights and obligations relating to the assigned status, language that would be understood and which it is able to communicate. 35. article. The status of refugee and gained personal travel and identity document (1) refugee, within the 28 July 1951 Convention on refugee status, issued the travel document, which is also a refugee identity document.
(2) an alternative status got person who can't get the previous home of issued travel documents, issued the travel document, which is also a personal identity document.
(3) If a person granted refugee status or subsidiary of the person supporting travel documents, the State border guard of the forwarding authority.
(4) the fugitive, get the first paragraph of this article, shall be forwarded to the travel document management storage all his available foreign person supporting and provided travel documents. 36. article. Refugee and subsidiary status got personal residence in the Republic of Latvia (1), a refugee shall be issued a permanent residence permit.
(2) an alternative status got termiņuzturēšan permission shall be issued to the person for one year. If the person before the end of the month, submit to the Board an application for extension of stay and there is still one of this law, the first paragraph of article 23, the Administration's Chief Representative officer of the month shall take a decision on the issue of the termiņuzturēšan for one year.
(3) the application of this article, the Court referred to in the second paragraph of the Government's authorized officials of the Chief decision may be submitted to the Court within 10 working days from the date of notification of the decision. The court case during the month, its ruling is final and not appealable. The hearing person saves the alternate status. 37. article. The status of refugee and gained personal benefits (1) where the refugee has no other source of livelihood, the first 12 months after the acquisition of refugee status, he gets an allowance covering maintenance costs, as well as the national language learning necessary costs.
(2) If the person assigned to the alternative status, there is no other source of livelihood in the first nine months after the alternative status acquisition it receive an allowance to cover subsistence costs.
(3) in the first and second subparagraph the amount of benefits and the procedure determined by the Cabinet of Ministers. 38. article. The status of refugee and subsidiary acquired the rights to family reunification (1) refugee and subsidiary status got has the right to join with family members who are in foreign countries. The alternative status got that right person is when it's this status in the Republic of Latvia resided for at least two years.
(2) for unaccompanied refugee minors who are not married, have the right to admit to himself from foreign arrivals to mother and father.
(3) the refugee family member shall be issued a permanent residence permit. The alternative status got personal family termiņuzturēšan permit shall be issued for the same length of time for which the permit was issued by the termiņuzturēšan alternative status got.
(4) the order in which takes place the first and second subparagraph family reunion, is determined by the Cabinet of Ministers.
(5) the status of refugee or alternative got personal family member withdraws the residence permit of the immigration law, if the refugee status or the winning person lose or it subtracts the given status. Chapter VI the refugee and subsidiary protection loss and deprivation of article 39. The loss of refugee status (1) a Person shall lose refugee status if it: 1) voluntarily adopted its new protection of the country of nationality;
2) voluntarily regained citizenship after he had lost it;
3) acquired the Latvian or other nationality, and enjoys the protection of the new nationality;
4) returned to the country which had left for fear of persecution;
5) cannot renounce their citizenship in the country of protection, as there are no circumstances which, it was recognized as a refugee;
6) as a stateless person may return to the country of former habitual residence, because the circumstances in which it was recognized as a refugee.
(2) the application of the first paragraph of this article 5 and paragraph 6 shall take into account, or a change of circumstances in the country of origin is so pervasive that a person's fear of persecution can no longer be considered to be justified, or that changes in circumstances and have a permanent character. 40. article. The conditions for the withdrawal of refugee status refugee status the person robbed, if there is at least one of the following conditions: 1) to the persons covered by article 27 of this law, the provisions of the first paragraph;
2) this person has provided false information or has not provided information that was crucial for the granting of refugee status, including used forged documents;
3) has reason to believe that this person poses a threat to national security or public order and security;

4) this person with the judgment of the Court of Justice of the Republic of Latvia recognized guilty of a particularly serious crime, constitutes a danger to the public in Latvia. Article 41. Alternative status loss conditions (1) a Person shall lose the status if the alternative conditions in which it was granted alternative status have ceased to exist or have changed to such an extent that the protection of the Republic of Latvia for that person are no longer required.
(2) the application of the person for the first part of this article, take into account, or a change of circumstances in the country of origin is so pervasive that the alternative status to persons of no longer acquired basic fear possible serious damage, or that changes in circumstances and have a permanent character. Article 42. Alternative status deprivation conditions alternative status the person robbed, if there is at least one of the following conditions: 1) to the persons covered by article 28 of this law, the provisions of the first paragraph;
2) this person has provided false information or has not provided information that was crucial in alternate status, including used false papers. 43. article. Decision on the status of refugee or alternative loss or deprivation, the appeals procedure (1) the administration of the Chief authorising officer shall take a decision on the status of refugee or alternative loss or deprivation not later than one month from the date on which it became known to one of this law, 39, 40, 41 or 42. the conditions referred to in article 3 and shall communicate it to the person concerned.
(2) the first paragraph of this article, the person may appeal against a decision of the Court in one month from the date of arrival.
(3) the Court shall take a decision within one month of the date of receipt of the application and shall communicate it to the person. The Court ruling is final and not appealable. Court decisions that are taken using the application or the proposed consideration of the necessary procedural actions, is not open to appeal.
(4) the hearing person retains the status of refugee or alternative. 44. article. The obligation of a person to leave the Republic of Latvia, if lost or been deprived of status of refugee or alternative (1) a Person who has lost the status of refugee or alternative or less this status, the Republic of Latvia to leave within two months from the date of entry into force of the decision, if it has no other legal basis to stay in the Republic of Latvia.
(2) If the person deprived of refugee status in accordance with this law, article 40, paragraph 3 or 4 or alternative status in accordance with this law, article 42, paragraph 1, or the person is not left to the Republic of Latvia in the first paragraph of this article, the time limit laid down in the decision on the forced return of the person managing the boss takes one working day.
(3) the decision on a forced return of persons within 10 working days of the appeal court. The court filing does not suspend the decision on forced expulsion operation.
(4) the decision on the person's performance of forced return of immigration law. Chapter VII provisional protection in the Republic of Latvia on article 45. The granting of temporary protection in the Republic of Latvia (1), the granting of temporary protection to persons in need, if they are or have been forced to leave their country of origin: 1) protracted armed conflict or violence;
2 risk of serious human rights) or because they are the victims of, systematic or generalised violations of.
(2) a Person shall not be included in the first paragraph of this article, the persons in the group if there is reason to believe that it satisfies this law article 27, first paragraph, 3, 4, 5, 6, or 7.
(3) the Cabinet of Ministers, having regard to the decision of the Council of the European Union, issued an order for the grant of temporary protection for a group of people, determining the total number of temporary protection periods, accommodation arrangements, the person required to maintain state funding, as well as the order in which the Latvian State border traverses a person with temporary protection.
(4) the first paragraph of this article consists of a group of persons is determined by the Government, in cooperation with the United Nations High Commissioner for refugees.
(5) the Chief of Government authorized officials of the decision on the grant of temporary protection or extension of the person may contest, submitting an application to the management supervisor, a month from the date of entry into force of the decision. The Administration Chief's decision a person may appeal to a court within one month from the date of its entry into force. Article 46. Temporary protection of acquired rights (1) the decision on the grant of temporary protection, the administration shall provide the person concerned with a language that would be understood and which it is able to communicate, information on rights and obligations relating to the assigned status.
(2) the Person granted temporary protection have the right to: 1) to receive emergency medical help on the State budget;
2) reunited with family members in the Cabinet. A family member, who arrives in the Republic of Latvia, to atkalapvienoto with the person's temporary protection, temporary protection in the Republic of Latvia.
(3) the underage person is granted temporary protection are provided educational opportunities in education law. 47. article. Temporary protection got personal residence in the Republic of Latvia (1), the Person granted temporary protection, issued termiņuzturēšan permits the immigration law.
(2) the administration of the Chief authorising officer shall take a decision on the grant of temporary protection for one year. Temporary protection may be extended by six months, but not longer than one year. 48. article. Temporary protection of acquired rights of a person to submit the application (1) the Person granted temporary protection have the right to submit the submission. At the hearing, it is not considered as asylum-seekers within the meaning of this law, if it is staying in the Republic of Latvia as a person who is granted provisional protection.
(2) if the period prescribed for temporary protection ends, before entry into force and become the undisputed final decision on refugee status or subsidiary of the person, it constitutes about asylum seekers.
(3) a Person whose application is dealt with in accordance with the procedure laid down in this Act and for which the entry into force and become the undisputed decision on refusal to grant the status of refugee or alternative, have the right to reside in the Republic of Latvia as the person granted temporary protection until expiry of the period prescribed for temporary protection. 49. article. Temporary protection of the person to be served in person got the certificate to (1) the Person granted temporary protection, issued ID cards.
(2) the Person receiving the card, all at its disposal foreign person supporting and provided travel documents shall be deposited in the administration until it would end the temporary protection and leave the Republic of Latvia. 50. article. Temporary protection got people moving to another Member State (1) To the person granted temporary protection in the Republic of Latvia, move to another Member State, it shall issue a transfer document. It samples and procedure, as well as for the exchange between Member States the amount of information required is determined by the Cabinet of Ministers.
(2) moving the party to the territory of another Member State, take into account the person's consent for such a move.
(3) If a person granted temporary protection, move to another Member State, the temporary protection in the Republic of Latvia.
(4) the Republic of Latvia a person granted temporary protection in the Republic of Latvia, taken back, if its temporary protection within the time limit set for trying without permission to get or stay in another Member State. 51. article. Temporary protection shall have a person's voluntary return to the country of origin (1), the Person granted temporary protection have the right to temporary protection within the time limit set for their voluntary return to their country of origin.
(2) a Person who voluntarily returned to their country of origin, you can submit a request for the return of the Administration in the Republic of Latvia, if not the end of the period prescribed for temporary protection.
(3) the decision on the person's voluntary return to the country of origin in accordance with the first paragraph of this article or by the person's application for the return of the Republic of Latvia in accordance with the second paragraph of this article, the management of the Chief authorising officer, in accordance with the provisions of the Act take into account the circumstances in the country of origin of the person. 52. article. Temporary protection shall have a personal obligation to leave the Republic of Latvia (1), the Person to whom the temporary protection expired, is obliged, within two months from the date of the expiry of the temporary protection of the Republic of Latvia, if it has no other legal basis to stay in the Republic of Latvia. ID card and residence permit is cancelled, the person leaves the country.

(2) If the person to whom the temporary protection expired, has not left the Republic of Latvia in the first paragraph of this article, the time limit laid down in the decision on the forced return of persons managing the boss takes 10 days. Deciding on the forced return of persons, take into account humanitarian reasons due to which the person's extradition is not possible. In such cases, the person is not expelled as long as there is above reason.
(3) the decision on a forced return of persons within 10 working days from the date of its entry into force may appeal to the Court. The court filing does not suspend the decision on forced expulsion operation.
(4) the decision on the person's performance of forced return of immigration law. Transitional provisions 1. With the entry into force of this Act shall terminate asylum law (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2002, nr. 8; 2005; 2006, nr. 4, 14 no, No 23; 2007). 2. the application submitted by the date of entry into force of the Act and for which no final decision has been taken in the present law. 3. The Cabinet of Ministers within six months from the date of entry into force of the Act to issue the rules laid down in this law. 4. the transitional provisions referred to in paragraph 3, the date of entry into force, but not more than six months from the entry into force of this law shall apply to the following day's Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) Cabinet of 3 September 2002 rules no 406 "rules on asylum-seeker identity document and its procedure";
2) Cabinet February 8 2005 the Regulation No. 119 "rules on nutrition, hygiene and essential goods, the amount of the purchase of the asylum seeker and the cost of order";
3) Cabinet's august 9, 2005, the Regulation No 586 "order, ensuring the education of asylum seekers to minor children of asylum seekers and minors";
4) the Cabinet of Ministers of 30 august 2005 the rules no 652 "procedures in the Republic of Latvia going refugee family reunification, as well as again the family reunification of persons with alternative status";
5) Cabinet of Ministers of 20 September 2005, the provisions of no. 721 "rules for the benefit of the refugee and the person assigned the alternative status";
6) the Cabinet of Ministers on 3 October 2006, the provisions of no. 813 "residence permit". Informative reference to European Union directives, the law includes provisions resulting from: 1) of the Council of 20 July 2001, of Directive 2001/55/EC on minimum standards in the event of a mass influx of displaced persons for giving temporary protection and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof;
2) Council of 27 January 2003 of Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers;
3) Council of 22 September 2003 of Directive 2003/86/EC on the right to family reunification;
4) Council of 29 April 2004, Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;
5) Council of December 1 Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status. The Parliament adopted the law of 15 June 2009. President Valdis Zatlers in Riga V. 30 June 2009