Nicaragua considers a "refugee" to be any person who is recognized by the competent authority as a refugee when any of the following circumstances apply:

- That, due to well-founded fears of being persecuted for reasons of race, religion, nationality, gender, belonging to a certain social group, or political opinions, is outside the country of his nationality and cannot or, because of such fears, does not want to avail himself of the protection of such country;

- Who, lacking nationality and for the reasons stated in the previous paragraph, is outside the country where he/she used to have his/her habitual residence, is unable or, because of such fears, does not want to return to it.

- Who has fled his country, or the country where he formerly had his habitual residence, because his life, safety or freedom have been threatened by generalized violence, foreign aggression, internal strife, massive violation of human rights or other circumstances that have seriously disturbed public order.

- The principle of family unity and derivative recognition of refugee status shall be maintained. Refugee status shall be extended to the spouse or common-law spouse and minor children of the person who has been recognized as a refugee. It shall also be extended to other members of the family group dependent on the refugee. The situation of other family members will be examined individually.

• The National Commission for Refugees (CONAR) under the General Directorate of Migration and Aliens, which will be composed of a representative of the following state entities, who will have the right to speak and vote: the General Directorate of Migration and Aliens (DGME) of the Ministry of the Interior, the Ministry of the Family and the Ministry of Foreign Affairs.
• It will determine the refugee status of all those persons who request it.
• The Executive Secretariat of CONAR The DGME will designate an official, preferably specialized in Human Rights and refugees, who will be the Executive Secretary of CONAR.
• CONAR, who shall be assisted by such staff as may be necessary for the full performance of his or her duties.

The procedure for the recognition of refugee status shall be based on the principles of simplicity, confidentiality, celerity, transparency and gratuity.

• Every applicant shall have the right to be informed of the rights inherent to due legal process, to be interviewed by the Executive Secretariat of CONAR or its designee, to be assisted by an interpreter and/or translator if needed, to contact the UNHCR or the agency implementing UNHCR programs in Nicaragua.

Procedure:

1. Submission of application: submit your application directly to the Executive Secretariat of CONAR or to DGME through any office in the national territory.

If the application is submitted at a border post or at an international airport, the DGME must authorize the applicant to enter and remain in the national territory for a period of 30 days under a control of periodic presentations to the DGME. This period shall be renewed as many times as necessary while the petition is finally decided by the competent authority.

2. Document to the applicants for refugee status.

The DGME will grant the applicant for refugee status a document accrediting him/her as such, which will authorize him/her to carry out remunerated or lucrative work or activity, on his/her own account or in a relationship of dependence, and to have access to health, education and other services provided by the State. The document shall be delivered to each of the members of the family group regardless of their age, as referred to in Art. 4 of this Law.

Once the application for refugee status has been received by the Executive Secretariat, the Executive Secretariat shall interview the applicant, and the applicant shall be given a copy of the document.

3. Once the application for refugee status is received by the Executive Secretariat, it shall interview the applicant or, failing that, shall designate an official of the DGME specialized in the matter, who shall collect and incorporate the necessary additional information, as well as the relevant evidentiary elements and shall issue an opinion on the petition, which shall be submitted to the consideration of CONAR for its resolution.

• The interviewer will preferably be a woman in case it is a woman who requests refugee status. Special care and attention should be taken when interviewing unaccompanied minors.
• UNHCR may intervene actively and directly and/or through the agency implementing UNHCR programs in Nicaragua, throughout the refugee status determination procedure, in activities such as interviewing applicants, and submitting reports and opinions.

4. Response:

In making resolutions, CONAR and the other entities that must decide appeals will be based on the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, the Conclusions of the Executive Committee of UNHCR, the "Manual of Procedures and Criteria for Determining Refugee Status" published by UNHCR at the request of its Executive Committee, and all Conventions to which Nicaragua is a State Party that relate to the matter.

•  CONAR's decisions will be duly grounded, will be communicated to the applicant, and if denied will include the legal remedies to which the applicant is entitled.

5. Recognition as a refugee:

Once the applicant's refugee status has been recognized, the DGME will issue him/her, free of charge, the Temporary Residence Card. The card will authorize the applicant to carry out paid or lucrative work or activity, either self-employed or in a dependent relationship, and to have access to health, education and other services provided by the State. The document will be delivered to all the members of the family group, regardless of their age, as indicated in article 4 of this Law.

If the resolution is negative, an appeal may be filed before the executive secretariat so that the resolution may be adopted by the Minister of the Interior. All appeals shall have preferential processing.

Additional

• After three years, which will be computed from the presentation of the application for refugee status, the person will have the right to acquire permanent residence, retaining his refugee status.
• Nationality: The refugee will have the option of requesting Nicaraguan nationality in accordance with the applicable norms.

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