PROCEDURES TO APPLY FOR REFUGEE STATUS IN COSTA RICA GENERAL DIRECTORATE OF IMMIGRATION

LEGAL FRAMEWORK General Immigration Law No. 8487, August 12, 2006 ( Art. 13, Paragraphs W and X.) –Special Category (Art. 90, Paragraph E) Specifically Regulated (Art ) Article 115 establishes Cessation of Refugee Status) 1951 Convention and 1967 Protocol Relating to the Status of Refugees

LEGAL FRAMEWORK The Cartagena Declaration on Refugees is not applicable in Costa Rica. Costa Rica has not adhered to the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, adopted by the United Nations General Assembly, Resolution 45/158, December 18, 1990.

How is the Refugee Status determined when hundreds of persons are fleeing from an armed conflict situation? It should normally be determined on an individual basis. In cases of massive movements, circumstances of such movements need to be assessed in order to identify relevant arguments to establish the feasibility of international protection. Emergency Humanitarian Aid.Considering practical aspects and providing Emergency Humanitarian Aid.

How is the Refugee Status determined when hundreds of persons are fleeing from an armed conflict situation? Through a Collective Determination, establishing – unless proven otherwise – that each member of the group is PRIMA FACIE a Refugee, guaranteeing his/her rights, and demanding compliance with obligations.Through a Collective Determination, establishing – unless proven otherwise – that each member of the group is PRIMA FACIE a Refugee, guaranteeing his/her rights, and demanding compliance with obligations.

Applying for Refugee Status in “Normal” Conditions Foreigners in need of protection as refugees should: State this need before Immigration authorities at the point of entry (land, sea, air) or, failing that, before the closest Immigration authority. If the request is made at an Immigration point, the entry officer will work in coordination with the Immigration Procedures Department at the Directorate of Migration to initiate the process.

Applying for Refugee Status in “Normal” Conditions Foreigners entering national territory should submit their application within thirty days of their entry into national territory. If applicants enter at a non-official point of entry, they will need to provide proof of their date of entry to the national territory (a sworn statement). Applications should be submitted at the Special Window for Refugees, Service Platform Sub- Process, headquarters of the General Directorate of Immigration.

a)A completed Refugee Status questionnaire/application. b)A photograph of the Applicant’s passport or identity document. If the Applicant does not possess any identity documents, a sworn statement of birth before the UNHCR Program Implementing Agency in Costa Rica. c)A Birth Certificate and Criminal Record from the country of origin. If the Applicant does not possess these documents, a sworn declaration of birth and criminal record before the UNHCR Program Implementing Agency in Costa Rica. d)Proof of finger prints taken at the Police Archive of the Ministry of Public Safety. e)Two passport-sized photographs, front view of the Applicant’s face. f)Any additional documents deemed appropriate as evidence to assess the Applicant’s situation. BASIC APPLICATION REQUIREMENTS

STEP #1 SUBMITTING AN APPLICATION

a.The Refugee Status Applicant appears before the Officer at the Special Window for Refugees at the Service Platform. The appropriate form is handed to the Applicant and assistance is provided in case the Applicant has any questions. b.Once the form has been completed, the Officer includes relevant information in the computer system, specifying which documents have been received. The computer system creates a record number. c.A Provisional Document is printed at this point, stating that this person has applied for Refugee Status. The document includes the date and time of an interview with the Eligibility Officer (usually a week from the date when the application form has been received). If the Applicant has not provided all required documents they can be submitted during the interview. d.The case file is submitted to the Assessment Sub-Process to be available during the interview on the scheduled date. STEP #1 SUBMITTING AN APPLICATION

STEP #2 THE INTERVIEW

a. The Applicant may submit any documents relevant to the Applicant’s case on the scheduled interview date. b. The Eligibility Officer has reviewed all submitted documents and data from the completed form by this date. c. The Eligibility Officer holds the interview based on facts as stated by the Applicant on the initial form. The Applicant may provide additional information during the interview. The interview is confidential – everything that is said during the interview will be kept between the Interviewee and the Officer. c. The Interviewee’s statements are recorded in written form. The Officer should read the written statements to the Applicant, or the Applicant should read them and agree to the contents by signing the statement, or otherwise state relevant changes to be made if required. d. The Officer then schedules a resolution notification date. Notification can be given in person or by fax, if requested by the Applicant. STEP #2 THE INTERVIEW

STEP #3 ASSESSING THE APPLICATION AND ISSUING A RESOLUTION

a. Once the documents and the written interview record have been reviewed – facts to validate a situation of well founded fear, social and political context in view of the available information about the country of origin – the Officer issues a resolution recommendation that may be approved by the person in charge of the Assessment Sub- Process. b. Once the person in charge has reviewed the Officer’s work, the relevant file and resolution is submitted for approval. The resolution can be granting or denial of Refugee Status to the Applicant during his/her stay in national territory, or prevention, in some cases. STEP #3 ASSESSING THE APPLICATION AND ISSUING A RESOLUTION

STEP #4 REVIEWING AND APPROVING THE RESOLUTION

a.The resolution may be approved – after having been reviewed – by the Immigration Manager or the person in charge of the Assessment Sub-Process. b.Once the resolution has been approved it is submitted to the Filing Sub-Process at the Immigration Management and a notification is sent by fax, if requested by the Applicant. Otherwise the resolution is filed until the date of a previously scheduled appointment when the Applicant appears in order to be notified in person. STEP #4 REVIEWING AND APPROVING THE RESOLUTION

STEP #5 NOTIFYING THE RESOLUTION

If the application is denied the Applicant shall be informed about the right to APPEAL or REVOKE, as established in Articles 219, 223, 224, 225. If the application is approved, upon being notified the Applicant should request an appointment to receive the relevant documents. STEP #5 NOTIFYING THE RESOLUTION

STEP #6 DOCUMENTS

Upon being granted Refugee Status, the Applicant will be entitled to carry out any type of paid manual or intellectual work, unless special accreditation is required to carry out specific work (Professional Associations). THE POSSIBILITY OF WORKING

REFUGEE STATUS MAY BE GRANTED BY EXTENSION TO THE FOLLOWING, IN ACCORDANCE WITH THE FAMILY REUNIFICATION PRINCIPLE: –Dependent parents aged 60 or older –Spouse –Underage children –Adult single dependent children up to 25 years of age that have not finished their professional education –Underage second-degree blood relatives REFUGEE STATUS BY EXTENSION

RESIDENCE DOCUMENT (Refugee)

QUESTIONS / COMMENTS

COSTA RICA REFUGEE APPLICATIONS BY COUNTRY AND MONTH PERIOD: JANUARY – JUNE 2008 COUNTRY TOTAL MONTH JAN.FEB.MARCHAPRILMAYJUNE TOTAL GERMANY BELIZE BOLIVIA COLOMBIA CUBA EL SALVADOR ERITREA UNITED STATES GUATEMALA GHANA HAITI HONDURAS ISRAEL JAMAICA NICARAGUA PERU SRI LANKA SUDAN VENEZUELA

COSTA RICA ACKNOWLEDGMENTS OF REFUGEE STATUS * BY COUNTRY AND MONTH PERIOD: JANUARY – JUNE 2008 COUNTRYTOTAL MONTH JAN.FEB.MARCHAPRILMAYJUNE TOTAL BOLIVIA COLOMBIA CUBA RUSSIAN FEDERATION HAITI ISRAEL NIGERIA SOMALIA VENEZUELA * Includes: Revoked Denials

COSTA RICA DENIALS OF REFUGEE STATUS BY COUNTRY AND MONTH PERIOD: JANUARY – MARCH 2008 TOTAL MONTH COUNTRY JAN.FEB.MARCHAPRILMAYJUNE TOTAL COLOMBIA CUBA ECUADOR EL SALVADOR UNITED STATES GUATEMALA JAMAICA NICARAGUA PERU DOMINICAN REP VENEZUELA

COSTA RICA FIRST-TIME DOCUMENTS, DUPLICATES, AND EXTENSIONS FOR REFUGEES BY MONTH AND TYPE OF DOCUMENT PERIOD: JANUARY – JUNE 2008 MONTHTOTALFIRST TIMEDUPLICATESEXTENSIONS TOTAL JANUARY FEBRUARY MARCH APRIL MAY JUNE * Note: * Until June 24, 2008 Source: General Directorate of Immigration