Immigration To Argentina Through Refugee Status
It is possible to obtain refugee status in Argentina on all the aspects provided for by the Geneva Convention “On the Status of Refugees” of 1951. The implementation of international obligations on this issue in Argentina is monitored by a special commission for refugees (CoNaRe). Its office, which works with refugee petitioners, is located in
CONARE is made up of officials from the Ministry of the Interior, the Ministry of Foreign Affairs, International Trade and Worship, the Ministry of Justice, Security and Human Rights, the Ministry of Social Development, the National Institute against Discrimination, Xenophobia and Racism ( INADI), the United Nations High Commissioner for Refugees and a non-profit Non-Governmental Organization (the latter two participate with voice but no vote).
CONARE has the mission not only of deciding whether to grant refugee status to a person, but also has the responsibility of protecting the rights of refugees and contributing to the search for options for their local integration and assistance.
Remember that a refugee is a person who is outside his country due to well-founded fear of being persecuted for reasons of race, religion, nationality, belonging to a particular social group and is unable or unwilling due to such fear to avail himself of the protection of his country; or who have fled because their life, safety or freedom were threatened by generalized violence, armed conflict or massive human rights violations.
It can be considered that a person is persecuted when his fundamental rights as a human being have been violated or are at risk. This can happen, for example, when the person’s life is seriously at risk in his/her country.
People who are seeking better prospects or economic opportunities but who are not forced to leave their countries are not considered refugees.
Formalization Of A Refugee Status Application
IN THE ARGENTINE REPUBLIC, THE RECOGNITION OF REFUGEE STATUS MAY BE REQUESTED BEFORE:
– The Executive Secretariat of the NATIONAL COMMISSION FOR REFUGEES (CONARE).
-Any MIGRATION DELEGATION OR OFFICE OF THE NATIONAL MIGRATION DIRECTORATE (DNM), within the country.
– Any other NATIONAL, PROVINCIAL OR MUNICIPAL AUTHORITY.
– The BORDER IMMIGRATION AUTHORITY, when entering the country.
– You can also apply for refugee status for your close family group.
– All the information you provide will be confidential and will not be shared with the authorities of your country.
– Children (under 18 years of age) unaccompanied or separated from their families will be designated a guardian.
To Take Into Account
To Take Into Account:
– It is not possible to apply for refugee status while outside of Argentina (for example, going to the Argentine Consulate in your country of origin).
– The petition must be made at the border or within Argentine territory.
– The process can be started and continued at the Delegation closest to your home.
– It is not necessary to move or live in Buenos Aires where the Secretariat is based.
Procedure Of A Refugee Application
AT THE TIME OF STARTING THE APPLICATION YOU MUST:
– Complete a form and state the reasons for your request.
– Present your identity document (passport or identity card). If not, you must explain the reasons.
– Be personally interviewed by an official, who will ask you in detail about the events that led you to leave your country. The interview will be conducted in a language you understand.
– Inform your real address (where you actually live) and also establish a legal address (which can be the same or a different one), where all notifications, summonses or communications that are sent to you will be valid.
To Take Into Account
– The procedures are personal and free. They do not require the intervention of managers.
– CONARE considers important all the information and documentation that he can provide about the facts and reasons that led him to leave his country. To better understand his situation, it is essential that you provide as much information as possible.
You have the right to be assisted by a lawyer from the National Ombudsman’s Office free of charge who will assist you in all instances of the procedure to determine refugee status or to guide you in regularizing your immigration status with the National Directorate of Migrations. .
Delivery Of Provisional Certificate (Precaria)
Once your application has been submitted and within the first twenty (20) business days, you will be given a certificate that proves both your status as an applicant for refugee status and your regular stay in the country.
This provisional certificate will allow you to stay in a hotel or pension, legally transit within the country, establish your address and work in Argentina:
With the procedure number that appears in this PROVISIONAL DOCUMENT (Precaria), you can process and obtain the LABOR IDENTIFICATION CODE (CUIT/CUIL) free of charge. granted by the ANSES (NATIONAL SOCIAL SECURITY ADMINISTRATION), with which you can legally work in accordance with current labor regulations.
To Take Into Account
– For the provisional document to maintain its validity and not remain in an irregular migratory situation, with the risk that your process will be closed, you must always extend it before its expiration. You may extend it at the Secretariat or at any Delegation of the NATIONAL MIGRATION DIRECTORATE in the interior provinces of the country until your procedure is resolved.
– You must establish an address and keep this precaria updated/renewed once every 90 days before its expiration date.
Resolution Of The Case
The request will be analyzed by CONARE, which decides whether or not the refugee status is recognized.
If CONARE recognizes your refugee status , you will be given a certificate in order to process your temporary residence in the country.
The residency process is free. Granted temporary residence by the National Directorate of Migration for foreigners, the processing of the first ID is also free for their refugee status.
If the decision regarding the application is negative, that is, if the refugee status is not recognized:
– You may appeal the decision (ask for its review) before the Ministry of the Interior by means of a written appeal that must be submitted to CONARE within ten (10) business days of notification of the decision.
The request for review or appeal must be well-founded, that is, it must specifically indicate and explain the reasons for not agreeing with CONARE’s decision.
– If the decision of the Ministry of the Interior is negative, with the appeal already resolved, the possibility of a new administrative review is concluded.
However, you have the right to request judicial review of that decision, for which you must have the assistance of a lawyer.
– When the negative decision is final, it is up to the immigration authorities to decide on their regularization and legal permanence in the country.
To Take Into Account
– The processing of a request for recognition of refugee status does not hinder the processing of a residence request before the national migration office, in accordance with the other criteria provided for in migration regulations.
– There is no pre-established term in which CONARE must decide on the request. The reasonable term by which it must resolve will depend on the information and documentation provided by the applicant and the complexity of each case.
Guidance and Assistance
During the procedure you may request guidance for
– To be assisted free of charge by a translator or interpreter if you do not understand the language.
– Being interviewed by a sex official of your choice.
– Receive free legal assistance
– Other types of assistance.
Rights and obligations
Rights Of Refugees And Asylum Seekers:
– To Transit Freely
Through the Argentine territory. The provisional document must be presented and exhibited to the public authorities that require it, for example, the Argentine Federal Police. The document cannot be retained by any authority, with the exception of the CONARE Secretariat.
– Non-Return
Applicants and refugees may not be returned or expelled to their country of origin. Protection against refoulement includes a prohibition on turning away a person who wishes to apply for asylum at the border.
– To Public Education
Applicants and refugees may enroll in study centers in the country at the primary, secondary and tertiary levels
– To Work
Applicants and refugees may be hired or work in a dependency relationship. Remuneration and employment conditions must be in accordance with the law. In Argentina, child labor and labor and sexual exploitation are prohibited. To better understand your rights as a worker, you can also request information from the Ministry of Labor.
– To Public Health
Applicants and refugees can and should be treated, free of charge, in public hospitals where they live.
– Not To Be Discriminated
Your rights as a person cannot be unduly restricted, for example, due to your skin color, being a woman, or being a child. Neither because of their social situation, having low economic resources, or having a certain religious belief. At INADI you can receive information about what behaviors may be discriminatory and also file complaints.
– Sexual And Gender-Based Violence
Both women and children can submit an application individually, that is, independently of the head of the family. For example, a request for protection may be filed, due to fear of sexual and gender-based violence.
– To Participate Freely In Your Religion
OBLIGATIONS OF REFUGEES AND ASYLUM SEEKERS:
– TO RESPECT NATIONAL, PROVINCIAL, AND/OR MUNICIPAL LAWS.
– TO RESPECT PEOPLE, ENTITIES, AND PUBLIC AND PRIVATE ORGANIZATIONS.
– TO RENEW THE PROVISIONAL DOCUMENT AS AN ASYLUM SEEKER.
– TO INFORM YOUR ADDRESS AND KEEP IT UPDATED.
– TO INFORM THE SECRETARIAT ABOUT THEIR INTENTION TO TRAVEL ABROAD.
Please, request more information about the Refugees And Asylum Application at [email protected] or Phone: +54 115 525 7956