Author
The law set forth that after the preliminary examination, the territorial body of the SMS shall refer the applicant to a medical examination.[1] Medical examination of a person is carried out by specialist doctors: general practitioner, paediatrician (for children), obstetrician-gynaecologist (for women). If necessary, the specialist doctors have the right to involve doctors of other specialities.[2] Medical examinations are carried out free of charge at the expense of budgetary funds provided for in the state and local budgets.[3]
The conclusion of the medical examination is necessary for being placed in TAC.
The legislation does not foresee the algorithm when a medical report is taken into account for support of the applicant’s statements. In theory, an applicant can add a medical report to corroborate their asylum claim. However, legislation set forth a limited number of obligatory medical procedures which could not reflect the full applicant’s state of health. For instance, the Procedure for Conducting a Medical Examination foresees the examination of a physician, or gynaecologist for women and a list of medical tests.[4]
In practice, the full medical examination would likely be covered by an asylum seeker if they intend to have one or/and initiated by a motion to the court if an asylum case is considered by the one for a reason.
[1] Section V(5.1) Rules for the Consideration of Applications.
[2] Procedure for Conducting a Medical Examination of Asylum Seekers.
[3] Procedure for the Provision of Medical Care to Foreigners.
[4] Para 3 Procedure for Conducting a Medical Examination of Persons in Respect of Whom a Decision has been Made to Execute Documents for Deciding on Recognition as a Refugee or a Person in Need of Complementary Protection