Responsibilities and restrictions defined by legislation

In accordance with article 16 of the Migration Code, entry of a foreigner and a stateless person into the Republic of Azerbaijan is forbidden in the following cases:

16.1. Entry of foreigners and stateless persons into the Republic of Azerbaijan is prohibited when:

16.1.1. It is required for protection of national security or public order; or rights and legal interests of citizens of the Republic of Azerbaijan and others;

16.1.2. There is information that a person has committed terrorism, financing of terrorism and war crimes against peace and humanity or he/she is a member of a transnational organized criminal group;

16.1.3. A person is imprisoned for committing a crime against citizens of the Republic of Azerbaijan or interests of the Republic of Azerbaijan, if his/her imprisonment has not been served or annulled in a manner stipulated by the law;

16.1.4. A person has been expelled from the Republic of Azerbaijan previously and if the restriction period to his/her entry to the country has not been ended;

16.1.5. Person’s stay is considered undesirable in the Republic of Azerbaijan;

16.1.6. A person violated declared purposes of visiting the country during his/her previous stay in the Republic of Azerbaijan;

16.1.7. A person gives false information about himself/herself or on the purpose of his/her travel, when submitting an application for entry to the Republic of Azerbaijan;

16.1.8. A person has been brought to administrative responsibility twice or more in the last 3 years for violating migration legislation;

16.2. In cases, set forth in Articles 16.1.6 – 16.1.8 of this Code, entry of foreigners and stateless persons to the Republic of Azerbaijan is prohibited for 5 years.

16.3. In cases, set forth in Article 16.1 of this Code, the information on foreigners and stateless persons is entered to the watch list of the “Entry-Exit and Registration” Interagency Automated Data-Search System in a defined way and the active status of that information should be updated when the relevant grounds are removed.

 

Foreigners and stateless persons violating requirements of the Migration Code and trying to cross borders of the Republic of Azerbaijan without a passport, a visa or with invalid passport or other documents are not allowed to enter territory of the Republic of Azerbaijan and sent back to a country where they have come from.

Foreigners and stateless persons trying to cross state borders with false documents or with documents belonging to other persons are brought to a responsibility in a manner stipulated by a law.

In accordance with article 17 of Migration Code of the Republic of Azerbaijan, exit of foreigners and stateless persons from the Republic of Azerbaijan can be restricted temporarily in the following cases:

17.1. Exit of foreigners and stateless persons from the Republic of Azerbaijan can be temporarily restricted when:

17.1.1. Their exit is contrary to the interest of national security - until that reason is eliminated;

17.1.2. They are arrested or imposed any pre-trial restraint in compliance with the Code of Criminal Procedure of the Republic of Azerbaijan - until they are released, pre-trial restriction is ended or is abolished;

17.1.3. They are imprisoned - until they complete serving their major punishment defined in the Criminal Code of the Republic of Azerbaijan or they are released from the punishment except the case set forth in Article 17.1.5 of this Code;

17.1.4. In case, compulsory medical measures are imposed on them in compliance with the Code of Criminal Procedure of the Republic of Azerbaijan, until the application of these measures is abolished;

17.1.5. In case, suspended sentence is imposed on him/her by charging with the obligations set forth in the Criminal Code of the Republic of Azerbaijan or if she/he is released on parole, respectively till the end of the probation period or non-served part of the punishment, or till earlier and complete termination of the suspended sentence or the charged obligations;

17.1.6. In case of existence of court decision legally entered into force on temporary restriction of citizens’ right to leave the country for not executing of the court order given upon the court decision because of unexcused reasons within a period defined for voluntary execution – till the adoption of decision on removal of restriction;

17.1.7. In case, they commit an administrative offence - until the execution of administrative punishment measures on them which are legally in force.

17.2. Not conducting of prophylactic vaccinations in a way as defined in the legislation results in restriction of entry and exit right of foreigners and stateless persons permanently residing in the Republic of Azerbaijan to/from countries where prophylactic vaccinations are required, in compliance with international medical sanitary rules or the international agreements that the Republic of Azerbaijan is a party to.

17.3. In the cases, set forth in Articles 17.1 and 17.2 of this Code, information on foreigners and stateless persons should be entered in the watch list of “Entry-Exit and Registration” Interagency Automated Data-Search System in a defined way and the active status of that information should be updated when the relevant grounds are removed.

 

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