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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Mexico: Amparo Directo en Revisión 6268/2019

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.

6 February 2020 | Judicial Body: Mexico: Suprema Corte de Justicia de la Nación | Topic(s): Right to seek asylum | Countries: Mexico

O.A. v. Trump, Civ. No. 18-2718 and S.M.S.R. v. Trump, Civ. No. 18-2838 (consolidated cases)

2 August 2019 | Judicial Body: United States District Courts | Topic(s): Access to procedures - Asylum policy - Asylum-seekers - Illegal entry - Refugee status determination (RSD) / Asylum procedures - Right to seek asylum | Countries: El Salvador - Guatemala - Honduras - Mexico - Nicaragua - United States of America

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