Title Mexico: Amparo en Revisión 399/2019
Publisher Mexico: Suprema Corte de Justicia de la Nación
Publication Date 16 October 2019
Country Mexico
Topics Refugee / Asylum law
Cite as Mexico: Amparo en Revisión 399/2019, Mexico: Suprema Corte de Justicia de la Nación, 16 October 2019, available at: https://www.refworld.org/cases,MEX,60be4ec14.html [accessed 21 May 2023]
Comments 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.
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.