Author
The Rules of the Consideration of the Applications oblige the territorial body of the SMS to inform the applicant or his/her legal representative, under their signature, of the procedure for deciding on their applications, and the rights and obligations of the person during the lodging of the application. This information must be provided in a language understood by the applicant or his/her legal representative.[1] In case an applicant is an unaccompanied child, the legal representative is responsible for receiving the information and conveying it to the child.
In addition, the UNHCR and its partner NGOs provide tailored legal and social assistance to refugees and asylum-seekers in different regions during each stage of the procedure. In most cases, assistance is provided orally during the meetings with the beneficiaries. NGOs assist in the preparation of the asylum application, including through the translation of the relevant documents and country of origin information research; draft appeals against SMS rejections and represent applicants in the courts; provide legal advice on accessing relevant state services, legal and social rights by asylum-seekers and persons granted protection.[2]
In addition, UNHCR and NGOs deliver informational materials designed to address the needs of refugees. Such information could be brought in physical copies or electronic materials on NGOs’ websites and social media. For instance, R2P has set up the Telegram channel for refugees after the full-scale invasion.
Information at the border
The SBGS Instruction stipulates that in the case of an application for protection by a foreigner or stateless person who has valid documents for entry and stay in Ukraine, the authorised SBGS staff member, having received information about the application, explains to the asylum seeker the procedure for applying for protection in accordance with the legislation of Ukraine, if necessary, involves an interpreter, and provides information on the location and contact details of the nearest territorial body of the SMS, where the asylum seeker can apply for protection in a written form.[3]
According to the legislation, in case of the irregular crossing of the border, the authorised SBGS staff member also explains to the asylum seeker the procedure for applying for protection and provides an opportunity for the asylum seeker to submit a written application for protection, either in person or with the assistance of a legal representative.[4] In practice, asylum seekers may experience disregard for their applications, a lack of information about the protection system in Ukraine in a language they understand, and the failure to provide an interpreter.
In case the border was crossed by the unaccompanied child, the authorised SBGS staff member, taking into account the child’s age and individual characteristics, explains to the child the procedure for applying for protection per the legislation of Ukraine and involves an interpreter if necessary.[5]
[1] Section III(3.1) Rules for the Consideration of Applications.
[2] UNCHR, Refugees and asylum seekers, available in Ukrainian here.
[3] Section II(2)(1) SBGS Instruction.
[4] Section II(2)(2) SBGS Instruction.
[5] Section II(2)(3) SBGS Instruction.