Law on Asylum - Draft of 5/6/98
CHAPTER I
GENERAL PROVISIONS& DEFINITIONS
Article 1
Purpose of the Law
1. Under this law the Republic of Albania recognises the right to asylum of all foreigners
in the Republic of Albania who are in need of international protection as refugees and
request asylum in compliance with the provisions of this law and the international
conventions the Republic of Albania is party to.
2. This law regulates the conditions and procedures of granting and ceasing
of asylum in the Republic of Albania, as well as the rights and obligations
of refugees.
Article 2
Asylum
Asylum is the protection granted by the Republic of Albania to refugees. Asylum enshrines
the rights and obligations stipulated in the Convention Related to the Status of Refugees
of 28 July 1951 and all other relevant international treaties the Republic of Albania is
party to as well as the rights the Albanian legislation (grants (to foreigners in
general.)
Article 3
Asylum Seeker
An Asylum seeker is a foreigner who requests for asylum for the reasons presented in
Articles 4 (a), 4 (b) and 5 paragraph 1 of this law.
Law on Asylum - Draft of 5/6/98
Article 4
Refugee
A refugee is a foreigner who:
a) owing to a well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or political opinion , is outside the
country of his/her origin and is unable, or owing to such a fear, is unwilling, to avail
himself of the protection of that country.
b) although not fulfilling the definition criteria of paragraph I of this article,
if
cannot be deported for humanitarian reasons as stipulated in the European Human Rights
Convention and UN Torture Convention.
c) is granted temporary protection by the Republic of Albania in accordance with article
28 of this law.
Article 5
Family Asylum
1. The right to asylum with the same status shall be accorded also to the spouse, children
under 16 years of age and any relative under the legal custody of the refugee, who has
been granted asylum in the Republic of Albania, provided they reside together and do not
possess an effective citizenship different from that of the refugee, who has been granted
asylum in the Republic of Albania.
2. A child above the age of 16 years cannot obtain family asylum according to paragraph 1
of this article. He/she should file an individual request in case he/she desires asylum in
the Republic of Albania.
3. In case of divorce, separation or death of the refugee granted asylum in the Republic
of Albania, the family members, who have obtained asylum according to paragraph 1 of this
article, shall continue enjoying asylum. The same applies to children enjoying family
asylum when they reach the age of 16.
Article 6
Non-refoulement
1. Pursuant to this law and in compliance with international law, the principle of
non-refoulement means the obligation of the Republic of Albania not to return a refugee in
any manner whatsoever
a) to the frontiers of the territories where his/her life or freedom would be threatened
on account of his/her race, religion, nationality, membership of a particular social group
or political opinion; or
b) to a country where he/she would be exposed to torture and inhuman or degrading
treatment or punishment; or
C) to his/her country of origin, if he/she is under temporary protection granted in
compliance with the provisions of this law.
2. No asylum seeker shall be refouled from the territory of the Republic of Albania, even
if his/her request for asylum has been refused by the Office for Refugees, without him/her
being given the opportunity to benefit from all procedural rights and guarantees envisaged
by this law.
Article 7
Cessation ofAsylum
1. Asylum granted by the Republic of Albania to a refugee shall cease to exist if
he/she:
a) has voluntarily re-availed him/herself of the protection of the country of his/her
nationality; or
b) having lost his/her nationality, he/she has voluntarily re-acquired it; or
c) has acquired a new nationality, and enjoys the protection of the country of his/her new
nationality; or
Law on Asylum - Draft of 5/6/98
d) has voluntarily re-established him/herself in the country which he/she left or outside
which he/she remained owing to fear of persecution; or
e) can no longer, because the circumstances in connection with which he/she has been
recognised as a refugee have ceased to exist, continue to refuse to avail him/herself of
the protection of the country of his/her nationality;
0 being a person who has no nationality he/she is, because of the circumstances in
connection with which he/she has been recognised as a refugee have ceased to exist, able
to return to the country of his/her former habitual residence;
2. Asylum may be ceased if there is another country willing to receive the refugee and to
offer him/her asylum, provided that, in the circumstances, it would appear just and
reasonable that he/she is resettled to that country.
3. The cessation of the asylum, follows the same procedures foreseen for the granting of
asylum.
Article 8
Exclusion from the right of Asylum
1. A foreigner in the Republic of Albania shall be denied the right of asylum if there are
serious reasons to believe that:
a) he/she has committed a crime against peace, a crime of war or against humanity, as
defined in the international conventions;
b) he/she has committed a serious non-political crime outside the Republic of Albania,
before he/she is recognised as a refugee;
c) he/she has been guilty of acts contrary to purposes and principles of the United
Nations.
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2. Asylum shall be further denied to any foreigner who arrives from a third country where
he/she does not face persecution, human rights violation or refoulement in the sense of
articles 4 and 6 of this law, and if he/she can lawfully return to that country.
Article 9
Asylum Request and Asylum Application
1. Any statement of a foreigner vis-A-vis the police authorities, at the border or within
the country, to the effect that he/she requires protection according to international
conventions and Albanian legislation shall be considered an asylum request.
2. The asylum application is the formal asylum request vis-a-vis the Office for Refugees
according to the procedure stipulated in article 20 of this law.
CHAPTERII
RIGHTS & OBLIGATIONS
Article 10
Obligations ofAsylum Seekers and Refugees
1. Any asylum seeker or refugee shall respect the constitution, laws and other legal acts
issued by the Albanian authorities.
2. No asylum seeker or refugee in the Republic of Albania is allowed to engage in any
activities, which could disturb the public order, threaten the national security and
undermine the relations of the Republic of Albania with other countries.
3. No asylum seeker and refugee in the Republic of Albania shall act against the
principles and purposes stemming from United Nations Treaties and Conventions acceded to
by the Republic of Albania.
Article 11
Rights of Refugees
1. Any refugee granted asylum in the Republic of Albania shall enjoy, pursuant to Section
E of the Final Act of the Conference of the Plenipotentiaries the legal status provided
for in the Convention Relating to the Status of Refugees of 28 July 1951and all rights
stipulated in other relevant international treaties the Republic of Albania is party to as
well as the rights accorded to foreigners in general by the Albanian legislation.
2. Any refugee granted asylum in the Republic of Albania shall, in particular, be entitled
to have a residence permit and a work permit. He/she shall enjoy the right of social
assistance to the same extent as an Albanian national and will receive the social welfare
he/she is entitled to from the Office for Refugees.
3. The Ministry of Public Order shall issue a travel document according to Article 28 of
the Convention Relating to the Status of Refugees of 28 July 1951 to any refugee who
enjoys asylum in the Republic of Albania. The document may be used to travel to all
countries, with the exception of the country of origin, and to return to the Republic of
Albania for as long as it is valid.
4. The rights of a refugee granted temporary protection, in accordance with article 28 of
this law, may be restricted by the National Commission for Refugees as specified in
article 29 of this law.
Article 12
Rights ofAsylum Seekers
1. An asylum seeker shall be treated in accordance with the relevant provisions of the
Albanian legislation regulating the status of foreigners, unless provided otherwise by
this law.
2. Any asylum seeker shall be granted
a) the right to non-refoulement according to paragraph 2 of article 6 of this law;
and
b) the right to social assistance to the same extent as an Albanian national, which he/she
will receive from the Office for Refugees.
Article 13
Detention of Asylum seekers
1. No asylum seeker who has illegally entered the territory of the Republic of Albania
shall be sentenced for the violation of the state border regime provided he/she presents
him/herself without delay, but not later than 10 days, to the competent authorities.
2. An asylum seeker who presents him/herself within this deadline to the competent
authorities can only be detained if.
a) his/her identity has to be verified; or
b) the asylum seeker has destroyed his/her identity and travel documents or is equipped
with fraudulent documents with the purpose of cheating the authorities; or
c) the asylum seeker is alleged of having committed a criminal act; or
d) it is required for the protection of national security and public order.
3. The detention and the arrest of an asylum seeker shall be carried out according to the
rules and procedures defined in the Criminal Procedure Code of the Republic of Albania.
The persons detained or arrested are guaranteed the contact with LJNHCR and the right of
being legally represented.
4. With the exception of asylum seekers detained for reasons stipulated in article 13 (c)
of this law, asylum seekers shall, if possible, be kept separate from other
detainees.
CHAPTER III
ASYLUMAUTHORITIES
Article 14
Officefor Refugees
1. The Office for Refugees at the Ministry for Local Government shall be composed of one
the head of the office, his/her deputy and at least 3 staff members responsible for the
registration of the asylum applications, management of interviews as well as gathering
other necessary data for the completion of documentation for each asylum
application.
2. The Office for Refugees shall be exclusively competent for receiving asylum
applications as well as for granting and withdrawing asylum in the first instance.
3. The Office for Refugees shall act as a co-ordinating body for the National Commission
for Refugees and shall be responsible for the organisation of meetings of the Commission
as well as the implementation of its decisions.
4. The Office shall also be responsible for the implementation of the measures to be taken
for the protection and assistance provided to refugees in compliance with this law. The
relevant authorities shall co-operate with the Office for Refugees in the implementation
of rules and procedures necessary to grant asylum seekers and refugees their rights.
5. The Office for Refugees shall administer the public funds allocated to its budget as
well as other aid and financial assistance for refugees provided by national and
international organisations.
6. The Office for Refugees shall be the leading authority in cases of massinflux and
shall, under the leadership of the National Commissioner for Refugees, organise the
processing of refugees granted temporary protection. It shall in particular take the
responsibility for the registration, accommodation and food distribution concerning
refugees under temporary protection.
7. UNHCR shall have an observer status in the meetings of the Office for
Refugees.
Article 15
National Commissionerfor Refugees
1. The National Commissioner for Refugees is the Head of the Office for Refugees.
2. The National Commissioner for Refugees shall organise and co-ordinate the meetings of
the National Commission for Refugees, and ensure the timely implementation of its
decisions.
3. The National Commissioner for Refugees shall not be part of the decision making process
with regard to appeals against decisions of the Office for Refugees.
4. The National Commissioner for Refugees shall ensure that a guardian is
appointed ' according to Albanian legislation for any unaccompanied asylum
seeker who is under the age of 16 years, or who is mentally disabled so that
he/she cannot conduct valid legal acts.
5. The National Commissioner for Refugees shall initiate the procedure for the cessation
of asylum at the Office for Refugees, if there are good reasons to believe that the
refugee concerned falls under the cessation clause stipulated in article 7 of this
law.
6. The National Commissioner for Refugees shall supervise the registration of refugees
granted temporary protection and co-ordinate the relief assistance granted by the local
authorities and international organisations.
7. The National Commissioner for Refugees shall be guided by the internal provisions
provided by the Minister of Local Government.
Article 16
National Commissionfor Refugees
1. The National Commission for Refugees shall be composed of 8 members: the National
Commissioner for Refugees,
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• a representative of the Ministry of Local Government,
• a representative of the Ministry of Public Order,
• a representative of the Ministry of Foreign Affairs,
• a representative of the Ministry of Labour and Social Affairs,
• a representative of the Department of National Security,
• a representative of the Albanian Helsinki Committee, and
• a representative of the Albanian Bar Association.
2. The National Commission for Refugees is the authority exclusively competent to decide
on appeals launched against the decisions of the Office for Refugees.
3. Members of the National Commission for Refugees and an equal number of deputies are
appointed by their respective institutions for a one year period, with the right of
renewal of their mandate, within 30 days from date this law enters into force.
4. The Commission functions on the basis of an internal regulation approved by majority of
the members of the National Commission for Refugees.
5. In situations of mass-influx the National Commission for Refugees shall be exclusively
competent to determine specific groups of foreigners to fall under temporary protection,
and to end the temporary protection regime.
6. UNHCR shall have an observer status in the meetings of the National Commission for
Refugees.
Article 17
United Nations High Commissionerfor Refugees
(UNHCR)
1. Asylum seekers and refugees shall be informed that they are entitled to contact the
Office of the United Nations High Commissioner for Refugees (UNHCR). Representatives of
UNHCR shall have access to any asylum seeker or refugee in the territory of the Republic
of Albania.
2. The Office for Refugees shall provide UNHCR with the necessary information on
registered asylum seekers and, in particular, shall grant UNECR upon request access to
individual files of asylum seekers and refugees. The Office for Refugees shall further
provide UNECR with lists of applications to be considered by the Office for Refugees and
appeals to be considered in the coming meetings of the National Commission for Refugees,
with the purpose of establishing the co-operation of the national authorities with UNHCR
in compliance to article 35 of the Convention Related to the Status of Refugees of 28 July
195 1.
3. UNHCR may provide general guidelines and recommendations in individual cases to the
Office for Refugees and the National Commission for Refugees. LTNHCR may also provide
recommendations concerning temporary protection.
CHAPTERIV
ASYLUMPROCEDURE
Article 18
Asylum Request
1. Foreigners who wish to claim asylum in the Republic of Albania shall
a) approach the police authorities, at the border or within the territory of the Republic
of Albania, and file an asylum request; or
b) directly approach the Office for Refugees and file an asylum application.
2. Any foreigner requesting asylum at the police authorities according to paragraph I (a)
of this article shall immediately be referred to the Office for Refugees in Tirana in
order to be registered and to file his/her asylum application.
Article 19
Identity of Asylum Seekers
Law on Asylum - Draft of 5/6/98
1. The authorities refering the asylum seeker to the Office for Refugees as well as the
Office for Refugees, when approached in accordance with paragraph I (b) of article 18 of
this law, are responsible for the necessary measures to be taken for the establishment of
the identity of the asylum seeker.
2. The Directorate of the Criminal Police provides its assistance with regard to the
establishment of the identity of the asylum seeker.
3. The Directorate of the Criminal Police preserves the data gathered as defined in
paragraph 2 of this article and keeps them separate by marking them special files in order
to ensure the protection of all personal data of the asylum seeker.
Article 20
Asylum application
1. The asylum application, specified in paragraph 2 of article 9 of this law, shall be
presented in writing in Albanian or in one of the United Nations languages to the Office
for Refugees. The application must express the asylum seeker's reasons for seeking
protection on the territory of the Republic of Albania, from a state where he/she would be
subject to the threats defined in article 4 (a) and (b) of this law.
2. At the Office for Refugees the asylum seeker shall provide the necessary bio-data and
fill in the forms which are found in the annexes of this law.
3. Guidance shall be provided in connection with the submission of an application for
asylum. If the asylum seeker so desires, the Office for Refugees shall assist hirn/her in
contacting a lawyer, an expert in refugee matters or UNECR.
4. The asylum seeker shall be allowed to stay in the territory of the Republic of Albania
until the final decision concerning his/her asylum application is given.
Article 21
Obligations of Co-operation
1. The asylum seeker is obliged to co-operate for the clarification of the facts presented
by him/her, particularly
a) to provide the necessary information, verbally and in writing, as requested by the
relevant authorities;
b) to observe the official orders which require reporting or presenting oneself in front
of authorities or institutions;
c) to present and hand in all documents at his/her possession to the relevant authorities
responsible for the implementation of the rules and procedures as envisaged in this
law.
2. The asylum seeker shall be informed on the fact that the information he/she provides
will serve as the basis for decision taking and that it should, therefore, be true and
accurate.
Article 22
Interpreters
1. If the asylum seeker does not have sufficient command of the Albanian language, he/she
shall be provided with a qualified interpreter so that he/she can freely
communicate.
2. The asylum seeker can chose another interpreter on his/her own expenses.
Article 23
Hearing
1. The asylum seeker shall be interviewed in connection with his/her asylum application at
the Office for Refugees. If the hearing is not carried out within the same day, the asylum
seeker is immediately informed on the date of the hearina which shall not take place later
than 21 days from the day when the asylum seeker has filed his/her asylum application with
the Office for Refugees.
2. The asylum seeker may be accompanied by a counsellor or represented by a lawyer. The
representation by a lawyer shall not exempt the asylum seeker from responding to questions
directed to him/her personally.
3. An female asylum seeker shall, if possible, be interviewed by a female staff-member of
the Office for Refugees through a female interpreter.
4. The asylum seeker shall explain the facts underlying his/her well-founded fear of
persecution or human rights violation, and provide necessary data comprising information
on the place of residence, itinerary, stop-overs in other countries and asylum claims
filed in other countries, as well as other necessary data for the clarification of the
case.
5. The hearing shall not be public and the confidentiality of the hearing shall be
guaranteed vis-d-vis the asylum seeker. The hearing can be observed only by
representatives of the central or local government and LJNHCR.
Article 24
Procedures at the Officefor Refugees
1. The Office for Refugees shall document all important data provided by the asylum
seeker. After the asylum application is completed with all the necessary data and forms,
the Office for Refugees shall provide the asylum seeker with the document certifying
his/her identity and the receipt of the asylum application as well as ensuring
non-refoulement by quoting in this document paragraph 4 of article 20 of this law.
2. The Office for Refugees shall conduct the hearing, verify the facts provided and
complete the necessary documentation before reaching a decision. The file should comprise
also the recommendation provided by LJNHCR regarding the asylum application.
3. The Office for Refugees shall base its decisions on the relevant refugee definitions of
Chapter I of this law, i.e. on articles 4 (a), 4 (b), 5 (1), 7 and 8. When taking a
decision the Office for Refugees shall not impose the burden of proof on the asylum seeker
but grant him/her the benefit of the doubt. It also shall take into consideration
recommendations presented by UNHCR
4. The Office for Refugees shall take a decision within 30 days from the day of the
hearing of the asylum seeker and provide the asylum seeker and UNHCR with a copy of the
decision without delay, but in any case not later than 5 days from the date the decision
has been taken. The decision of the Office for refugees shall be given in writing and
shall be motivated.
5. If an asylum application is accepted, the Office for Refugees shall inform the asylum
seeker on the conditions of the asylum and on the fact that his/her asylum may be revoked
only in accordance to article 7 of this law.
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6. if an asylum application is denied, the Office for Refugees shall inform the asylum
seeker in its written decision about his/her right to appeal and on the period within
which he/she should benefit from this right.
Article 25
Abusive Claims
1. The Office for Refugees may declare an asylum application "abusive" or
"manifestly unfounded", respectively when
a) it has been established that the claim made by the asylum seeker is clearly fraudulent,
in the sense that the applicant deliberately attempts to deceive the authorities;
b) the claim made by the asylum seeker, genuine as it may be, is not related in any manner
to the criteria for granting of asylum as specified in Chapter I of this law.
2. In cases where the Office for Refugees determines an asylum application as
"abusive" or "manifestly unfounded" an accelerated appeal procedure
shall be applied. This procedure shall follow the normal appeal procedure defined in
article 26 of this law with the following modifications:
a) the asylum seeker shall be granted a period of 7 days, starting with the day he/she
receives the decision of the Office for Refugees, to launch an appeal;
b) the National Commission for Refugees shall handle the appeal with priority in order to
arrive at a final decision within the shortest possible period of time;
c) the National Commission for Refugees may decide on the information contained in the
files, if it deems a hearing of the asylum seeker unnecessary.
Article 26
Appeal
1. The appeal against the decision of the Office for Refugees shall be addressed to the
National Commission for Refugees within 15 days from the date the decision is received by
the asylum seeker.
2. The request for appeal shall contain:
a) reasoning against the un-foundedness of the decision; and
b) other complementary data and documents, which were not previously presented to the
Office for Refugees.
3. The Office for Refugees shall present the whole file concerning the asylum seeker
appealing against its decision to the National Commission for Refugees.
4. The registration of any appeal request shall suspend the decision of the Office for
Refugees. The asylum seeker shall be permitted to remain on the Albanian territory while
the appeal is pending.
5. Before taking a decision the National Commission for Refugees shall conduct a hearing
with the asylum seeker in accordance with article 23 of this law, if it cannot take a
positive decision based on the information contained in the files.
6. The National Commission for Refugees shall adhere to the same principles guiding the
procedure of the Office for Refugees.
7. The National Commission for Refugees shall take its decision at the latest 45 days from
the day the appeal was filed. The motivated decision of the National Commission for
Refugees shall be issued and delivered to the asylum seeker through the Office for
Refugees.
8. The decision of the National Commission for Refugees is final.
Article 27
Rejection and expulsion
1. The foreigner whose asylum claim has been finally rejected can be expelled subject to
provisions of the Albanian legislation regulating the status of foreigners.
2. The Office for Refugees shall inform without delay the competent authorities about any
final negative decision in asylum matters.
CHAPTER V
Temporary Protection
Article 28
General
1. In si ' tuations of large-scale influx of asylum-seekers the procedure for individual
consideration of asylum claims established in the preceding chapters can be suspended and
temporary protection shall be granted to all persons of this group.
2. The decision that a group of asylum-seekers forming part of a large-scale influx falls
under temporary protection, or that the temporary protection regime is ended, shall be
made by the National Commission for Refugees according to paragraph 5 of article 16 of
this law. When making such decision the National Commission for Refugees will take into
consideration the circumstances that led to the displacement and examine whether the
persons belonging to this group appear prima facie likely to be eligible for asylum.
Article 29
Rights of refugees enjoying temporary protection
1. Foreigners falling under the category referred to in the preceding article shall be
temporarily admitted to the Republic of Albania.
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2. The asylum rights of refugees receiving temporary protection, in particular their right
to work and their freedom of movement, may be restricted by the National Commission for
Refugees for the first three years of their stay.
(Recommended change: "For the purpose of provision of shelter and
other assistance, beneficiaries of Temporary Protection may be assigned
to a desi- 6
,,, nated place of residence. If required for compelling reasons, their possibility of
taking tip gainful employment may be restricted. These restrictions shall apply for a
maximum period of three years.')
3. In any event, these refugees shall not be penalised or exposed to any unfavourable
treatment solely on the ground of their unlawful entry into the country and they will
generally be treated in accordance with internationally recognised human rights standards
and the relevant provisions of this law.
Article 30
Access to asylum procedure
The provision of temporary protection to the persons concerned shall not preclude that,
when temporary protection ends, access to the individual asylum procedure is granted to
any of them. Durable solutions to be considered in relation to refugees under temporary
protection will, therefore, include voluntary repatriation, resettlement, and the granting
of full asylum.
CHAPTER VI
Final Provisions
Article 31
Annulment
Articles ----- of Law 7939 "On Migration" referring to asylum in the Republic of
Albania are annulled with the entry into force of the present law.
Law on Asylum - Draft of 5/6/98
Article 32
Entiy into Force
This law takes effect the fifteenth day after its publication in the Official Gazette of
the Republic of Albania.
