PROCEDURES TO PROCEDURES TO APPLY FOR REFUGEE STATUS IN APPLY FOR REFUGEE STATUS IN

COSTA RICACOSTA RICA

GENERAL DIRECTORATE OF IMMIGRATION

LEGAL FRAMEWORKLEGAL FRAMEWORK

• General Immigration Law No. 8487, August 12, 2006 ( Art. 13, Paragraphs W and X.)– Special Category (Art. 90, Paragraph E)

• Specifically Regulated (Art. 103 - 117)• Article 115 establishes Cessation of Refugee

Status)• 1951 Convention and 1967 Protocol Relating to

the Status of Refugees

LEGAL FRAMEWORKLEGAL FRAMEWORK

• The Cartagena Declaration on Refugees is not applicable in Costa Rica.

• Costa Rica has not adhered to the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, adopted by the United Nations General Assembly, Resolution 45/158, December 18, 1990.

How is the Refugee Status How is the Refugee Status determined when hundreds of determined when hundreds of persons are fleeing from an armed persons are fleeing from an armed conflict situation? conflict situation?

• It should normally be determined on an individual basis.

• In cases of massive movements, circumstances of such movements need to be assessed in order to identify relevant arguments to establish the feasibility of international protection.

• Considering practical aspects and providing Emergency Humanitarian Aid.Emergency Humanitarian Aid.

How is the Refugee Status How is the Refugee Status determined when hundreds of determined when hundreds of persons are fleeing from an armed persons are fleeing from an armed conflict situation?conflict situation?

• Through a Through a Collective DeterminationCollective Determination, , establishing – unless proven otherwise – establishing – unless proven otherwise – that each member of the group is that each member of the group is PRIMA PRIMA FACIE FACIE a Refugee, guaranteeing his/her a Refugee, guaranteeing his/her rights, and demanding compliance with rights, and demanding compliance with obligations.obligations.

Applying for Refugee Status in Applying for Refugee Status in “Normal” Conditions“Normal” Conditions

• Foreigners in need of protection as refugees should:

• State this need before Immigration authorities at the point of entry (land, sea, air) or, failing that, before the closest Immigration authority.

• If the request is made at an Immigration point, the entry officer will work in coordination with the Immigration Procedures Department at the Directorate of Migration to initiate the process.

Applying for Refugee Status in Applying for Refugee Status in “Normal” Conditions“Normal” Conditions

• Foreigners entering national territory should submit their application within thirty days of their entry into national territory. If applicants enter at a non-official point of entry, they will need to provide proof of their date of entry to the national territory (a sworn statement).

• Applications should be submitted at the Special Window for Refugees, Service Platform Sub-Process, headquarters of the General Directorate of Immigration.

a) A completed Refugee Status questionnaire/application.b) A photograph of the Applicant’s passport or identity document. If

the Applicant does not possess any identity documents, a sworn statement of birth before the UNHCR Program Implementing Agency in Costa Rica.

c) A Birth Certificate and Criminal Record from the country of origin. If the Applicant does not possess these documents, a sworn declaration of birth and criminal record before the UNHCR Program Implementing Agency in Costa Rica.

d) Proof of finger prints taken at the Police Archive of the Ministry of Public Safety.

e) Two passport-sized photographs, front view of the Applicant’s face.

f) Any additional documents deemed appropriate as evidence to assess the Applicant’s situation.

BASIC APPLICATION REQUIREMENTS

STEP #1SUBMITTING AN APPLICATION

a. The Refugee Status Applicant appears before the Officer at the Special Window for Refugees at the Service Platform. The appropriate form is handed to the Applicant and assistance is provided in case the Applicant has any questions.

b. Once the form has been completed, the Officer includes relevant information in the computer system, specifying which documents have been received. The computer system creates a record number.

c. A Provisional Document is printed at this point, stating that this person has applied for Refugee Status. The document includes the date and time of an interview with the Eligibility Officer (usually a week from the date when the application form has been received). If the Applicant has not provided all required documents they can be submitted during the interview.

d. The case file is submitted to the Assessment Sub-Process to be available during the interview on the scheduled date.

STEP #1SUBMITTING AN APPLICATION

STEP #2THE INTERVIEW

a. The Applicant may submit any documents relevant to the Applicant’s case on the scheduled interview date.

b. The Eligibility Officer has reviewed all submitted documents and data from the completed form by this date.

c. The Eligibility Officer holds the interview based on facts as stated by the Applicant on the initial form. The Applicant may provide additional information during the interview. The interview is confidential – everything that is said during the interview will be kept between the Interviewee and the Officer.

c. The Interviewee’s statements are recorded in written form. The Officer should read the written statements to the Applicant, or the Applicant should read them and agree to the contents by signing the statement, or otherwise state relevant changes to be made if required.

d. The Officer then schedules a resolution notification date. Notification can be given in person or by fax, if requested by the Applicant.

STEP #2THE INTERVIEW

STEP #3ASSESSING THE APPLICATION AND

ISSUING A RESOLUTION

a. Once the documents and the written interview record have been reviewed – facts to validate a situation of well founded fear, social and political context in view of the available information about the country of origin – the Officer issues a resolution recommendation that may be approved by the person in charge of the Assessment Sub-Process.

b. Once the person in charge has reviewed the Officer’s work, the relevant file and resolution is submitted for approval. The resolution can be granting or denial of Refugee Status to the Applicant during his/her stay in national territory, or prevention, in some cases.

STEP #3ASSESSING THE APPLICATION AND

ISSUING A RESOLUTION

STEP #4REVIEWING AND APPROVING

THE RESOLUTION

a. The resolution may be approved – after having been reviewed – by the Immigration Manager or the person in charge of the Assessment Sub-Process.

b. Once the resolution has been approved it is submitted to the Filing Sub-Process at the Immigration Management and a notification is sent by fax, if requested by the Applicant. Otherwise the resolution is filed until the date of a previously scheduled appointment when the Applicant appears in order to be notified in person.

STEP #4REVIEWING AND APPROVING

THE RESOLUTION

STEP #5NOTIFYING THE RESOLUTION

• If the application is denied the Applicant shall be informed about the right to APPEAL or REVOKE, as established in Articles 219, 223, 224, 225.

• If the application is approved, upon being notified the Applicant should request an appointment to receive the relevant documents.

STEP #5NOTIFYING THE RESOLUTION

STEP #6DOCUMENTS

• Upon being granted Refugee Status, the Applicant will be entitled to carry out any type of paid manual or intellectual work, unless special accreditation is required to carry out specific work (Professional Associations).

THE POSSIBILITY OF WORKING

• REFUGEE STATUS MAY BE GRANTED BY EXTENSION TO THE FOLLOWING, IN ACCORDANCE WITH THE FAMILY REUNIFICATION PRINCIPLE:– Dependent parents aged 60 or older– Spouse– Underage children– Adult single dependent children up to 25

years of age that have not finished their professional education

– Underage second-degree blood relatives

REFUGEE STATUS BY EXTENSION

RESIDENCE DOCUMENTRESIDENCE DOCUMENT(Refugee)(Refugee)

QUESTIONS / COMMENTS

www.migracion.go.cr

COSTA RICA

REFUGEE APPLICATIONS

BY COUNTRY AND MONTH

PERIOD: JANUARY – JUNE 2008

COUNTRY TOTALMONTH

JAN. FEB. MARCH APRIL MAY JUNE

               

TOTAL 542 104 115 121 84 69 49

GERMANY 1 1 0 0 0 0 0

BELIZE 2 0 0 2 0 0 0

BOLIVIA 4 0 1 0 3 0 0

COLOMBIA 430 81 89 88 65 62 45

CUBA 33 9 9 10 2 1 2

EL SALVADOR 4 1 1 1 0 1 0

ERITREA 1 0 0 0 0 1 0

UNITED STATES 3 0 3 0 0 0 0

GUATEMALA 2 1 0 1 0 0 0

GHANA 1 1 0 0 0 0 0

HAITI 4 0 4 0 0 0 0

HONDURAS 1 0 0 0 0 1 0

ISRAEL 3 0 0 0 3 0 0

JAMAICA 1 0 0 1 0 0 0

NICARAGUA 6 0 6 0 0 0 0

PERU 5 1 1 1 1 0 1

SRI LANKA 1 0 0 0 0 1 0

SUDAN 1 0 0 1 0 0 0

VENEZUELA 39 9 1 16 10 2 1

COSTA RICA

ACKNOWLEDGMENTS OF REFUGEE STATUS *

BY COUNTRY AND MONTH

PERIOD: JANUARY – JUNE 2008

COUNTRY TOTALMONTH

JAN. FEB. MARCH APRIL MAY JUNE

               

TOTAL 160 25 19 23 16 46 31

     

BOLIVIA 1 0 0 0 0 0 1

COLOMBIA 120 20 16 17 12 34 21

CUBA 18 2 1 4 4 4 3

RUSSIAN FEDERATION 1 0 1 0 0 0 0

HAITI 3 0 0 0 0 0 3

ISRAEL 3 0 0 0 0 3 0

NIGERIA 0 0 0 0 0 0 0

SOMALIA 1 0 0 1 0 0 0

VENEZUELA 13 3 1 1 0 5 3

               

* Includes: Revoked Denials

COSTA RICA

DENIALS OF REFUGEE STATUS

BY COUNTRY AND MONTH

PERIOD: JANUARY – MARCH 2008

TOTAL MONTH

COUNTRY JAN. FEB. MARCH APRIL MAY JUNE

               

TOTAL 185 42 49 31 20 26 17

     

COLOMBIA 162 39 43 28 15 21 16

CUBA 7 2 2 1 0 2 0

ECUADOR 1 0 1 0 0 0 0

EL SALVADOR 3 1 2 0 0 0 0

UNITED STATES 1 0 0 0 1 0 0

GUATEMALA 1 0 0 0 1 0 0

JAMAICA 1 0 0 1 0 0 0

NICARAGUA 3 0 0 0 2 1 0

PERU 1 0 0 0 0 1 0

DOMINICAN REP. 1 0 0 0 1 0 0

VENEZUELA 4 0 1 1 0 1 1

               

COSTA RICA

FIRST-TIME DOCUMENTS, DUPLICATES, AND EXTENSIONSFOR REFUGEES

BY MONTH AND TYPE OF DOCUMENT

PERIOD: JANUARY – JUNE 2008

MONTH TOTAL FIRST TIME DUPLICATES EXTENSIONS

         

TOTAL 253 209 41 3

     

JANUARY 27 18 9 0

FEBRUARY 35 26 8 1

MARCH 41 33 8 0

APRIL 68 60 8 0

MAY 41 36 4 1

JUNE * 41 36 4 1

         

Note: * Until June 24, 2008

Source: General Directorate of Immigration