Mexico: Suprema Corte de Justicia de la Nación

This matter is related to various omissions attributed to immigration authorities in the conduct of a procedure to obtain asylum requested by an unaccompanied migrant minor. The First Chamber of the SCJN determined to exercise its power of attraction to establish whether the administrative authorities of the Mexican State are bound by the provisions of “General Observation No. 6 (2005) Treatment of unaccompanied minors and separated from their relatives outside of their country of origin”, issued on the basis of the Convention on the Rights of the Child. The matter will also make it possible to determine who are the competent administrative authorities to promote, respect, protect and guarantee the human rights of migrant girls, boys and adolescents, unaccompanied, asylum seekers, who are within the national territory and, finally, establish whether there is –or not–, within the substantiation of an amparo lawsuit, the obligation of one of the parties to prove the existence of the act that is claimed when it is omission –not legislative– in nature; and, if the answer is affirmative, decide who has the burden of proof: responsible authority (allegedly omission), or the complainant (who claims the alleged omission).

19 February 2020 | Judicial Body: Mexico: Suprema Corte de Justicia de la Nación | Document type: Case Law | Topic(s): Political asylum | Countries: Mexico