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.
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.
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.
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.
[1] According to Article 4.1(3), an asylum seeker who enters the Russian Federation illegally must file an application with the regional Ministry of Interior ("MOI") within 24 hours.
According to a 2002 World Refugee Survey, the majority of applications that have been submitted to regional MOI offices are from foreigners who have entered illegally.
In the application, the asylum seeker must describe in detail the situation in his home country and the reason why the FMS should grant him refugee status.
Once the asylum seeker has registered and has an application filed with the MOI, the individual can either stay in a Temporary Accommodation Center (TAC) or find another place to live until his status is determined.
This concept of "non-refoulement", or expressly prohibiting the expulsion of a refugee into an area where she or he might be again subjected to persecution, is well documented in the 1951 Convention – but not explicitly stated in Russian law.
Throughout the entire process, the asylum seeker is without a certificate of registration with the police (called a propiska) – a requirement for all Russian citizens and visitors of Russia.
This lack of registration typically leads to multiple fines and arrests, which can ultimately affect the asylum seeker's ability to attain "refugee" status – as the FMS can exclude the individual from an RSD if he has committed any crimes, even minor ones, in Russia.
Article 2.2 excludes asylum seekers who have fled their country of origin for "economic reasons due to hunger, epidemic, or natural or man-made emergencies".
The 1997 Law on Refugees defines the term "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".
[9] The 24 hour deadline is arguably too difficult to meet in practice, given that many asylum seekers are being detained at the borders for three days upon arrival – with no knowledge of the requirement and no access to legal representation.
For example, features of a detention center in St. Petersburg, include two square meters of space per person, permanent isolation from the outer world, and a 20-minute walk per day.
The three most durable solutions are: In some instances, the situation in a mandated refugee’s home country changes for the better, and the fear of persecution upon return is no longer an immediate or long term issue.
Nevertheless, there are significant legal obstacles for their acquisition of citizenship due to the restrictive registration system, which required proof of adequate income.
Local integration, though typically desirable, is an unrealistic goal for most asylum seekers as the Russian government does not recognize the UN mandated refugees.
During that time, they are typically living without proper legal documents – making it nearly impossible for them to find a job outside of the local food markets.
Amnesty International states that "asylum seekers are often harassed and ill-treated by law enforcement officers who feel they can abuse such people with impunity".
Absence of legal documents resulting in problems with housing, employment, and health care, as well as ongoing harassment from the police make it extremely difficult for asylum seekers stressfully waiting for refugee status determination.