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Refugee Status Determination Procedures in Mexico

Refugee Status Determination Procedures in Mexico. San José, Costa Rica 2008. Background.

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Refugee Status Determination Procedures in Mexico

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  1. Refugee Status Determination Procedures in Mexico San José, Costa Rica 2008

  2. Background • From 1982 to 2002, the United Nations High Commissioner for Refugees (UNHCR) determined the status of refugees in Mexico under his mandate since Mexico was not yet part of the 1951 Convention relating to the Status of Refugees. • In June 2000, Mexico adhered to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, thus taking on the commitments stipulated by these instruments for protection of and assistance to refugees. • Since 2002, the Mexican Government determines the status of refugee for individual cases.

  3. COMAR • The Comisión Mexicana de Ayuda a Refugiados (COMAR – Mexican Commission for Refugee Assistance) is a Government agency that is responsible for protection of and assistance to refugees in Mexico. • COMAR is a permanent inter-secretarial entity that was established by Presidential Accord in July 1980.

  4. Objectives of COMAR • To analyze requests for acknowledgment of refugee status in order to issue an opinion; • To participate in procedures for determining refugee status; • To provide protection and institutional assistance to acknowledged refugees; • To promote the search for lasting solutions (integration, voluntary return, and resettlement); • To establish the foundations for cooperation with national and international organizations.

  5. What are the procedures to request acknowledgment of refugee status in Mexico?

  6. Eligibility Process INM - Headquarters - Regional Representatives Application COMAR - Federal District - State Delegations COMAR Interview Analysis Opinion Revision INM Positive or Negative Resolution CE Recommendation

  7. Procedures • Arrested applicants need to state – verbally or in written form – their intention to apply for acknowledgment of refugee status. • Applicants that have not been arrested can visit the INM offices or the COMAR offices. COMAR will then notify the INM of the submitted application.

  8. Procedures • Once the application has been received, the principles of non-refoulement, confidentiality, and non-discrimination are applied. • Applicants that have not been arrested have the right to receive a Proof of Application for Refugee Status, issued by the INM. • For applicants that have been arrested, relevant actions are carried out to record that the application has been submitted.

  9. Procedures • COMAR examines the application and carries out an analysis consisting of: • A Personal Interview With a gender approach and the presence of an interpreter where required • Investigation Searching information from the country of origin Requesting information from the Secretariat of Foreign Affairs Requesting information from International Organizations (UNHCR) Consultation with CISEN Documents submitted by applicant • Analysis of well-founded fear of persecution and/or risk to life, safety, or freedom • legislation Interpretation • Credibility Assessment • Recommendation

  10. Procedures • COMAR submits an opinion to the Eligibility Committee consisting of the following: • Sub-Secretariat of Population, Migration, and Religious Matters (Subsecretaria de Población, Migración y Asuntos Religiosos), as Chairman • A representative of the Secretariat of Foreign Affairs (Secretaría de Relaciones Exteriores) • A representative of the Secretariat of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) • A representative of the National Migration Institute (Instituto Nacional de Migración - INM) • A representative of COMAR

  11. Procedures • The Committee, in turn, recommends that the INM issue a well-founded Resolution of Acknowledgment or Non-Acknowledgment of Refugee Status. • Usually it takes 5 weeks to reach this stage of the process. • Applicants who are not acknowledged as refugees by the Eligibility Committee have the right to request a revision of this decision to INM within 15 working days of being notified.

  12. Rights of Applicants • To enjoy individual guarantees as established by the Constitution of Mexico; • Not to be deported or expelled while their application is being examined; • To have access to the procedure free of charge; • Respect of the confidentiality of any information provided by applicants; • Authorities of the country of origin will not be notified regarding the applicant’s requests; • To have access to an interpreter in a language that the applicant understands; • To receive a proof stating that this person is applying for the status of refugee; • Not to be discriminated against for any reason; • To receive international protection.

  13. Rights of Refugees • Not to be punished for having entered the country without the required documents; • To receive a Non-Immigrant Refugee immigration document - FM3 –certifying the Refugee’s legal stay; • To engage in any lucrative or non-lucrative activities, provided they are legal and honorable (no need to specify types of activities); • To move freely within Mexican territory and to reside in any location within the Mexican Republic; • To enter and exit the country multiple times with due authorization by the INM (based on recommendations by COMAR); • If the Refugee does not have a valid passport, to have an identity and travel document issued by the Secretariat of Foreign Affairs.

  14. Rights of Refugees • To be exempt from payment of fees for Immigration services, except for procedures such as exit and entry permits, marriage permits, or any fines incurred due to lack of compliance with any of the Refugee’s obligations relating to Immigration; • To request family reunification with spouse or partner, children, and parents; • To have access to public health services and basic education.

  15. Obligations • To provide truthful and complete information to authorities regarding the reasons why the Refugee left the country of origin or country of residence. • To comply with obligations regarding immigration matters, such as: To request an extension of the identity and travel document, to notify any changes in home address, marital status, birth of children, to request permission to leave the country, etc. • To notify about exiting Mexico in order to travel to a country other than the country that the Refugee had to leave due to persecution or threats.

  16. Comisión Mexicana de Ayuda a Refugiados (COMAR) Hamburgo #135 – 4to. piso Colonia Juárez Delegación Cuauhtémoc 06600, México, D. F. Bárbara Pérez Martínez Treviño Directora de Protección (Director of Protection) bperez@segob.gob.mx Tel. (52) (55) 5209-8846

  17. COMAR Delegation in Tapachula Prolongación Central Oriente s/n, Plaza Kamico Locales 6,7 y 8 Colonia Guadalupana 30770 Tapachula, Chiapas Tel. (52)(962) 642-5318 Ext. 103 al 105 y 108 • COMAR Delegation in Chetumal Avenida Centenario # 582 Colonia Isabel Tenorio 77010 Chetumal, Quintana Roo Tel. (52)(983) 285-5431

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