Costa Rica Immigration Services

REFUGEES AND ASYLUM SEEKERS:

The recognition of refugee status is subject to the standards of the international instruments adopted, ratified, and in force by the Government of Costa Rica.

It is considered a refugee a person who:

1) Due to well-founded fear of being persecuted for reasons of race, religion, nationality, gender, membership of a particular group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail the protection of that country.
2) Having no nationality and being outside the country of former habitual residence, is unable or, owing to such fear, is unwilling to return.

• Refugee status will be awarded to the primary family and other dependents and relatives within the first order of consanguinity or affinity.
• The refugee may engage in any gainful employment or gainful activity, self-employed or as employees, in strict accordance with the provisions of law.

ASYLUM SEEKER:

It is understood by asylum the protection granted to a foreign person, upon request, in order to safeguard life, liberty or physical integrity, because of being persecuted for political or other reasons related, defined by the Conventions of human rights and international agreements, as well as any other international instrument  ratified by Costa Rica.

It may be granted two types of asylum:

1) Diplomatic asylum: It is granted in the ordinary diplomatic missions of the Republic of Costa Rica, in the official ships or official aircraft, to the persons persecuted or political offenses.
2) Territorial Asylum: It is granted in the national territory to persons persecuted for political reasons or other related crimes, as defined by the Conventions on human rights and international treaties and agreements ratified by Costa Rica.

The status of asylee can only be granted by the Executive Power. The Ministry of Foreign Affairs shall be responsible for carrying out an investigation of each application for such status, enabling it to determine the circumstances of urgency that motivate and to verify that they adhere to the conditions contained in international instruments governing the matter, duly ratified by Costa Rica. After the investigation, the Ministry will issue a recommendation to the President.

No shelter will be provided to persons:

1) Who has committed a crime against peace, a war crime, or a crime against humanity, as defined in international instruments elaborated to treat such crimes, duly ratified by Costa Rica.

2) Who has committed a serious crime outside the country of application, before being admitted as a refugee.

3) who has been guilty of acts contrary to the purposes and principles of the United Nations.

It may not be deported to the territory of the country of origin, refugees and people seeking asylum due to well-founded fear of persecution for reasons of race, religion, nationality, gender, membership of a particular group or political opinion, is outside the country of his nationality and unable or, owing to such fear, unwilling to avail himself of the protection of that country.
The filing of an application for recognition of refugee or asylee status, have suspensive effect on the implementation of the extradition of the foreign person, until the corresponding procedure has been completed by a final decision.
The recognition of refugee or asylee status has the effect of termination of any extradition proceedings initiated against the refugee or asylee, at the request of the government of the country where the alleged crime has been committed, based on the same facts that justified recognition.

Refugee Status Ceases:

1) If the person have been welcomed back voluntarily to the protection of the country of his nationality.

2) If, Having lost his nationality, the person has voluntarily reacquired it.

3) If the person has acquired a new nationality and enjoys the protection of the new country of nationality.

4) If the person voluntarily re-established in the country from which s/she left owing to fear of persecution.

5) If the circumstances by virtue of which was recognized as a refugee have ceased, in the understanding that the person cannot continue to refuse to avail himself to the protection of the country of his nationality.

6) If it is a person who has no nationality and the circumstances by which it was recognized the condition of refugee have disappeared, the person is able to return to the country of his former habitual residence.

 

Updated 06/10/2017

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