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| - The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. Upon receiving an asylum seeker's application, the Russian Migration Service (former "FMS") determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum. (en)
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| has abstract
| - The Russian Federation's Law on Refugees defines who is a refugee for purposes of obtaining asylum in the country. The Law defines a refugee as a "person who is outside his/her country of nationality or habitual residence; has a well-founded fear of persecution because of his/her race, religion, nationality, membership in a particular social group or political opinion; and is unable or unwilling to avail himself/herself of the protection of that country, or to return there, for fear of persecution. Upon receiving an asylum seeker's application, the Russian Migration Service (former "FMS") determines whether the asylum seeker meets the legislative definition of a "refugee" and should be granted asylum. As of year end 2006, 1,020 people have been granted temporary asylum status and 405 people have been granted full refugee status by the Russian government. It is estimated, however, that there may be as many as one million "undocumented foreigners" on Russian soil awaiting initial access to the procedure of refugee status determination. The Russian authorities are notorious for denying refugee status to asylum seekers – with the approval rate for refugee status at only 2-5% of applicants. According to an April 2007 report, individuals from Afghanistan constitute the largest number of asylum seekers in Russia. According to Vladimir Rucheikov, head of asylum issues in the Citizenship Department of the Federal Migration Service of Russia, Afghanis make up over 70% of all submitted applications. Additionally, Afghans make up the majority of those that actually gain refugee status (as of 2006, 962 Afghans have been granted temporary asylum status and 240 Afghans have been granted full refugee status). Asylum seekers in Russia also originate from various African and Middle Eastern countries. Given the significant difficulty in obtaining refugee status, many asylum seekers seek non profit legal representation (such as the United Nations High Commissioner for Refugees ("UNHCR"), that help them consider the most durable and realistic solution for them and their family. Without legal assistance, the legal intricacies of the Law on Refugees are likely to be overlooked, and their application for asylum could be denied regardless of the legitimacy of their claim. The Convention relating to the Status of Refugees was adopted at a special United Nations conference. The Soviet Union, however, never ratified the 1951 Convention, partly because it viewed the Convention as a treaty whose standards "were dictated by the Western Countries". After the collapse of the Soviet Union in 1991, however, a large number of people from the former Soviet Union republics migrated into the Russian Federation. In direct response to the dramatic migration into the country, Russia, in 1992, accepted the establishment of the UNHCR and established the Federal Migration Service ("FMS"). A year after establishing the FMS, Russia acceded to the 1951 Convention (and the 1967 Protocol) and enacted specific legislation to address the increased migration. In 1993, Russia adopted three laws to address the issue of migration. The first law, incorporated under the Russian Constitution, grants individuals the right to claim political asylum in Russia. The second law, the Law on Forced Migrants, addressed those asylum seekers who either already had Russian citizenship or were qualified to obtain it. These migrants were mainly people living in FSU republics, with or without Russian citizenship, that were forced to move to Russia after the fall of the Soviet Union for economic reasons. The Law on Forced Migrants allowed these individuals to freely and legally move to Russia. The third law, the Law on Refugees, addressed those asylum seekers coming from states other than the Former Soviet Union republics, or the "far abroad". In effect, the laws enacted in 1993 were meant to offer protection first to former Soviet citizens, and second to citizens of all other countries. In fact, the dominant interpretation of the 1993 Law on Refugees was that refugee status was to be granted only to asylum seekers from the "near abroad" (the former Soviet republics). However, as Russia began to develop in the mid 1990s, large numbers of individuals fearing persecution for various reasons in the Middle East, Africa, and Asia viewed Russia as a safe place to migrate to. In response, in 1997, Russia amended and replaced the 1993 Law on Refugees to better address those individuals who have traveled to Russia in need of international protection. (en)
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