Mexico: Update to MEX32573.E of 18 August 1999 on the status of a foreign national recognized as a refugee by the UNHCR; whether a Colombian, who was recognized in Mexico as a refugee by the UNHCR in 1981 and then departed for Canada in 1997, would have the right to return to Mexico; what rights a UNHCR recognized refugee would have in Mexico; whether such a refugee is able to apply for permanent residence, citizenship and state protection, if required (1997-March 2003)

In 18 March 2003 correspondence, a representative of the Mexico Regional Office of the United Nations High Commission for Refugees (UNHCR) stated that he needed more details in order to answer the question of whether a Colombian, who was recognized in Mexico as a refugee by the UNHCR in 1981 and then departed for Canada in 1997, would have the right to return to Mexico. More specifically, the UNHCR representative said he needed to know what type of Mexican documentation the Colombian had when he left Mexico for Canada and the reason why he left Mexico (18 Mar. 2003). Also, the representative needed to know the migratory status of the Colombian while in Canada and his reason for wanting to return to Mexico and whether this was a voluntary decision (ibid.). The representative ultimately noted that to determine the answers to a case such as this one, the person in question would have to go through the appropriate Mexican consulate with the intervention of the Mexican Commission of Aid to Refugees (Comision Mexicana de Ayuda a los Refugiados, COMAR) (ibid.).

With regard to the rights of refugees, the representative noted that Mexico acceded to the UN Convention on the Status of Refugees and its Protocol in 2000 (ibid.). However, the Mexican government assumed total responsibility of the refugee determination process only in March 2002 (ibid.). Under this new mandate, the UNHCR representative stated that refugees in Mexico generally receive the same benefits granted under the UN Convention (ibid.).   

This information was partially corroborated in a report published by the Lawyers Committee for Human Rights (LCHR):

Prior to March of 2002, the UNHCR Regional Office in Mexico City recognized refugees under the UNCHR mandate, but after that date, the government began the transitional process of taking over the adjudication of asylum claims from the UNHCR (18 Sept. 2002).

The LCHR report, which is attached, also provides information on detention procedures and practices for asylum seekers.

More information about the specific rights of a UNHCR refugee in Mexico could not be obtained within time constraints.

Please refer to the >. A May 2002 article entitled "Detention of Asylum Seekers in Mexico" by Gretchen Kuhner at provides a legal and procedural overview of the new refugee determination process in Mexico.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

United Nations High Commission for Refugees (UNHCR), Mexico City. 18 March 2003. Correspondence with a representative.

Lawyers Committee for Human Rights (LCHR). September 2002. "Mexico." In Review of States' Procedures and Practices Relating to Detention of Asylum Seekers. [Accessed 18 Mar. 2003]

Attachment

Lawyers Committee for Human Rights (LCHR). September 2002. "Mexico." In Review of States' Procedures and Practices Relating to Detention of Asylum Seekers. [Accessed 18 Mar. 2003]

Additional Sources Consulted

IRB databases

Unsuccessful attempts at contacting Sin Fronteras, a non-governmental organization that assists refugees in Mexico.

World News Connection (WNC)

Internet sites:

Enlaces America

Sin Fronteras

US Committee for Refugees (USCR)

Search engine:

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