PROCEDURES TO APPLY FOR REFUGEE STATUS IN COSTA RICA

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PROCEDURES TO APPLY FOR REFUGEE STATUS IN COSTA
RICA
GENERAL DIRECTORATE OF IMMIGRATION
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LEGAL 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

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LEGAL 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.

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How is the Refugee Status determined when
hundreds of persons are fleeing from an armed
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.

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

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

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Applying for Refugee Status in 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.

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Applying for Refugee Status in 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.

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BASIC APPLICATION REQUIREMENTS

• A completed Refugee Status questionnaire/applicati
  on.
• A photograph of the Applicants 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.
• 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.
• Proof of finger prints taken at the Police
  Archive of the Ministry of Public Safety.
• Two passport-sized photographs, front view of the
  Applicants face.
• Any additional documents deemed appropriate as
  evidence to assess the Applicants situation.

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STEP 1 SUBMITTING AN APPLICATION
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STEP 1 SUBMITTING AN APPLICATION

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

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STEP 2 THE INTERVIEW
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STEP 2 THE INTERVIEW

• a. The Applicant may submit any documents
  relevant to the Applicants 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 Interviewees 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.

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STEP 3 ASSESSING THE APPLICATION AND ISSUING A
RESOLUTION
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STEP 3 ASSESSING 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
  Officers 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.

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STEP 4 REVIEWING AND APPROVING THE RESOLUTION
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STEP 4 REVIEWING AND APPROVING THE RESOLUTION

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

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STEP 5 NOTIFYING THE RESOLUTION
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STEP 5 NOTIFYING 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.

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STEP 6 DOCUMENTS
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THE POSSIBILITY OF WORKING

• 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).

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REFUGEE STATUS BY EXTENSION

• 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

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RESIDENCE DOCUMENT(Refugee)
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www.migracion.go.cr
QUESTIONS / COMMENTS
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