National law / Refugee / Asylum law

An individual entered the national territory, leaving his country of origin due to the conditions of persecution, insecurity, and human rights violations. By means of a document submitted to the Mexican Commission for Aid to Refugees, he requested recognition of his refugee status, however, it was denied. The Second Chamber considered that in accordance with an interpretation of numeral 19 of the Regulation of the Law on Refugees and Complementary Protection, the state of vulnerability in which the refugee applicants are in Mexico must be considered, therefore the accreditation to present the request outside the period established by law should not be strict or rigorous, as it would not be valid for them to be required to prove the inability they had to submit their application in time. Failure to submit the application within a specific period should not automatically lead to the rejection of the respective application, but rather consider those cases in which the submission outside the legal deadline was due to justified reasons. Therefore, it was decided to protect two applicants for recognition of refugee status, against the refusal of the authorities responsible for admitting their applications because they did not prove a cause beyond their control that prevented them from submitting said request within the legal term.

16 October 2019 | Judicial Body: Mexico: Suprema Corte de Justicia de la Nación | Document type: Case Law | Topic(s): Refugee / Asylum law | Countries: Mexico

An individual entered the national territory, leaving his country of origin, due to the conditions of persecution, insecurity, and human rights violations. By means of a document submitted to the Mexican Commission for Aid to Refugees, the individual requested recognition of his refugee status, however, it was denied. The Second Chamber considered that in accordance with an interpretation of numeral 19 of the Regulation of the Law on Refugees and Complementary Protection, the state of vulnerability in which the refugee applicants are in Mexico must be considered, therefore the accreditation to present the request outside the period established by law should not be strict or rigorous, as it would not be valid for them to be required to prove the inability they had to submit their application in time. Failure to submit the application within a specific period should not automatically lead to the rejection of the respective application, but rather consider those cases in which the submission outside the legal deadline was due to justified reasons. Therefore, it was decided to protect two applicants for recognition of refugee status, against the refusal of the authorities responsible for admitting their applications because they did not prove a cause beyond their control that prevented them from submitting said request within the legal term.

16 October 2019 | Judicial Body: Mexico: Suprema Corte de Justicia de la Nación | Document type: Case Law | Topic(s): Refugee / Asylum law | Countries: Mexico

October 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

30 September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Leading case concerning family reunification and safe third country: The appellant was recognized as refugee in Italy on 16 November 2009 He went to Switzerland for family reunification. The fact that a person has already been granted protection as a refugee and asylum in another Dublin State constitutes a "special circumstance" within the meaning of Art. 51 para. 1 of the Swiss Asylum Law which precludes the granting of family asylum.

25 September 2019 | Judicial Body: Switzerland: Tribunal administratif fédéral | Document type: Case Law | Topic(s): Family reunification - Refugee / Asylum law - Safe third country | Countries: Eritrea - Switzerland

September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: General Comments/Recommendations

September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: General Comments/Recommendations

5 August 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

5 August 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

5 August 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents