Russian refugee Muslims may be unable to get asylum in Ukraine

Muslims who flee from Russia due to constant repression may be unable to receive asylum in the territory of Ukraine. In the absence of a clear migration policy, border guards and DHS workers decide for themselves to whom to provide asylum.

This was reported by Enver Kadyrov, lawyer of the NGO Crimean Human Rights Protection Movement, Anvar Derkach, journalist, Eleonora Khisamova, asylum seeker from Almethevsk, Tatarstan (RF), involved in the criminal case of Hizb ut-Tahrir during a conference in the press center of Glavkom.

Strengthening the anti-extremist and anti-terrorist legislation of the Russian Federation has caused a wave of political migrants who are trying to find protection in other countries, in particular, in Ukraine.

“However, in Ukraine, they are confronted with the opposition of the State Migration Service, which has the authority to determine the refugee status,” says Enver Kadyrov.

According to the journalist, people, referring to the war between Russia and Ukraine, are hoping to get asylum easlier, but refugees are disappointed. The Ukrainian Migration Service sees no danger to Muslims in the Russian Federation. He also notes that the border guard service is unjustifiably depriving people of the right to asylum.

“Border guards are the first government officials to meet asylum seekers. Under various absurd pretexts the refugees are not allowed on the territory of Ukraine. Although Ukrainian legislation provides that a border guard worker, whom the seeker has requested, must provide an opportunity to write a statement to the migration service about the desire to get asylum. Unfortunately, this provision of Ukrainian legislation is systematically violated by Ukrainian border guards,” says Anvar Derkach.

Derkach notes that since asylum seekers are officially located outside Ukraine, it is not possible to provide these people with any legal aid.

Four Muslim families from Russia faced this problem. In 2015, in Almetevsk, the Republic of Tatarstan, criminal proceedings were instituted under Article 205.5 of the Russian Criminal Code “Organization of the activities of terrorist organizations and participation in the activities of such an organization” against four Muslims. They were recognized as involved in the Islamic political party Hizb ut-Tahrir, which the Supreme Court of the Russian Federation groundlessly enlisted in terrorist organizations.

“We have become criminals in Russia. We left our homes and we had to flee. Our homes burst unceremoniously, began to carry out searches and declared us terrorists,” said Eleanora Kjisamova, involved in the criminal case of Hizb ut-Tahrir.

The lack of a clear migration policy in Ukraine is a major threat to refugees.

“Ukraine must finally formulate its migration policy as certain laws. There is currently no clear migration policy in Ukraine. Each official or officer of the border guard service does what he wants and behaves as he sees fit. It's hard to control them,” says Derkach.

In the opinion of human rights defender Enver Kadyrov, the situation of the Crimean Tatars in the occupied Crimea is very similar to those who seek asylum in Ukraine.

“This case is similar to what is happening now in Crimea. This event is especially relevant for us on the backdrop of those developing in the Crimea. Because there are similar things happening today, the scenarios are absolutely identical. Participants are also identical - they are Muslims. The anti-extremist and anti-terrorism legislation of the RF, which is recognized by most experts of human rights organizations, is used as an instrument of suppression of dissent both in Russia, and in the annexed Crimea,” Kadyrov summarized.

As reported, Hizb ut-Tahrir is not forbidden and is not considered an extremist organization in Ukraine.