The Director of Protection and Return of the Coordination of the Mexican Commission of Aid to Refugees of the Ministry of the Interior requested an amparo against the refusal to relapse to the request for recognition of the status of refugee of a woman decided. Articles 18 of the Law on Refugees, Complementary Protection and Political Asylum and 19 of its respective regulations were challenged, which established a 30-day period for submitting an application for refugee recognition and exceptionally, outside of that period, the foreigner person should prove that for reasons beyond his control it was not materially possible to present it in a timely manner.
The Second Chamber of the SCJN determined that the term established in the contested regulations is contrary to the right of every person to seek and receive asylum. Furthermore, because the affected person proved to be in the exceptional case and, therefore, the agreement in which the admission of the refugee status application submitted was denied was illegal.
