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Information of the Public Relations Department of the State Migration Service of the Republic of Azerbaijan on detention of 3 citizens of Nepal and 2 citizens of the Republic of India, who have come to Azerbaijan on a business visa and violated the migration legislation during their stay in the country, as a result of the measures taken against illegal migration
Bhujel Suman, citizen of Nepal, as well as Ajrudeen and Christian Selinben Noyelkumar, citizens of India who are detained as a result of the measures taken against illegal migration entered the country on a business visa on July 13, 27 and 30 of the current year. Applications was made to the State Migration Service for obtaining work permits and a temporary residence permits on the basis of a work permit for them by relevant legal entities on August 3, 5 and 7. The period of stay of all three foreigners in the country, namely the period on, their visa, has expired during the consideration of the application, however it was considered lawful for them to stay in the country during consideration of the application. On 19.08.2019 all three foreigners were denied work and temporary residence permits on the basis of the feedback of the relevant executive authority due to the possibility that an employer's workforce requirements could be met through local labor resources, foreigners were given 10 days to leave the country as their visa expired and they were informed about the requirements of the legislation by providing them with copies of relevant decisions. However, all three foreigners did not leave the country within the assigned period and were brought to administrative liability in accordance with Article 575.1.6 of the Code of Administrative Offenses of the Republic of Azerbaijan (refusal to leave after expiration of stay or residence in the country) on September 12 and 13.
Sing Bahadur Tamang and Simon Chundara, 2 citizens of Nepal who were detained as a result of the measures taken against illegal migration, entered the country on a business visa on June 11 and 15 of the current year. Both foreigners applied to the State Migration Service on June 23 to obtain temporary residence permit in accordance with Article 45.0.6-1 of the Migration Code of the Republic of Azerbaijan (when they hold a position of head or deputy head of the legal entity founded in the Republic of Azerbaijan and its founder or at least one of the founders is a foreign legal entity or natural person). According to the submitted documents, foreigners were granted temporary residence permit initially for a period of 3 months on July 15 and July 18. However, it was later revealed that the foreigners were not actually the head or deputy head of any legal entity, but were involved in household work in the courtyard belonging to the citizen of the Republic of Azerbaijan. The aforementioned were confirmed by the explanations of both the owner of the courtyard and the foreigners, the temporary residence permits issued to foreigners were revoked on August 16, and according to Articles 79.1.1 and 79.2 of the Migration Code, a decision on expulsion of foreigners was made on September 13. Copies of relevant decisions on foreigners were provided to them, and they were informed in detail about the requirements of the legislation.
As a result of an internal investigation, allegations that persons were Indian tourists, illegally brought to liability, arrested or subjected to any inhuman treatment were not confirmed and found out to be false. In addition, as a result of the investigation, information was received that a significant amount of money was stolen from them with the promise of obtaining work permits and permits for temporary residence in the country and then sending them to third countries. Materials related to the fact have been referred to law enforcement agencies to take relevant measures.
In addition, it should be noted that placement of foreigners in detention centers for violating the requirements of migration legislation by the State Migration Service is applied as a measure of lost resort. Foreigners, who do not have any document for stay or residence in the country, violated requirements of the migration legislation and legalization of residence of whom in the country is legally impossible are initially offered to voluntarily leave the country.
Detention Centers of Illegal Migrants operate in accordance with the Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 317 dated August 24, 2016 on the approval of “the Internal Disciplinary Rules of the Detention Center for Illegal Migrants”. Members of Office of the Commissioner (Ombudsman) for Human Rights and the National Preventive Group, staff of the UN High Commissioner for Refugees (UNHCR) in Azerbaijan, lawyers of foreigners, close relatives, other persons can easily meet with foreigners who are in the detention center. Periodic tours are also organized to the Centers by the State Migration Service.
Media representatives or anyone interested in visiting the center, meeting with detained foreigners (as well as with the aforementioned foreigners), and familiarizing themselves with the conditions created there, may apply to the State Migration Service.