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Conditions:
According to the Law on Refugees, Complementary Protection and Political Asylum, a refugee is a person who:
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Is in fear of persecution on account of race, religion, nationality, gender, membership of a particular social group, or political opinion.
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Is outside the country of his or her nationality and does not have the protection of his or her country
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Has fled their country because their life, safety or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances that have seriously disturbed public order.
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Has directly experienced, or has felt at risk of experiencing in the future, any of the following situations:
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Extortion, harassment, stalking, physical or sexual violence by gangs or armed groups
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For refusing to collaborate or be part of them
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For refusing to pay war taxes or fees
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For refusing to become a partner of persons linked to criminal groups
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For witnessing a crime committed by them
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Discrimination, threats, physical aggression because of their religion or belief, political ideas, nationality or ethnicity.Beatings, harassment, sexual violence because of their gender identity, sexual orientation or gender expressions. For example, lesbian, gay, bisexual, transgender or intersex persons of a collective (LGBTI).
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Harassment, threats, beatings or sexual violence by a partner, ex-partner, family members or other people.
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Victim of squatting/housebreaking, dispossession of land or other property
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Forced to marry or be forced to marry against their will.
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Threat to life, freedom or security, due to armed conflict, serious situations of violence and insecurity.
How to apply for refugee status in Mexico?
If you are afraid to return to your country, you can apply for refugee protection in Mexico. The process is free and confidential.
Below you will find detailed information about the procedure to apply for refugee protection in Mexico.
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Step 1: You can apply for refugee status at the Mexican Commission for Refugee Assistance (COMAR) in Mexico City, Acayucan (Veracruz), Tenosique (Tabasco) or Tapachula (Chiapas), or at the Migratory Regulation Offices of the National Migration Institute (INM) in the rest of the country, within 30 working days of your entry into Mexico. If you have been in Mexico for more than 30 days, go to the authorities and explain the reasons why it was not possible for you to show up earlier. COMAR will ask you to fill out a form explaining why you left your country. If your family is accompanying you, do not forget to include them in your application. If they are in the country of origin, you must indicate this. When you submit your application, it must be admitted by COMAR, which issues a certificate that you have initiated the procedure. By requesting protection as a refugee, you have the right not to be returned to your country. With your certificate you can also apply to the INM for a humanitarian visitor's card, which allows you to work during the procedure. You can also contact COMAR from an immigration station and make your application from there. Ask to be connected to COMAR. You have the right to have a lawyer during the entire procedure..
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Step 2: Interview. COMAR will interview you to find out the reasons why you left your country. You should also explain the reasons why you do not want to or cannot return. It is important to give as many details as possible. If you have any documents or information related to your case, you should provide them, but it is important to know that you do not need proof of what happened in your country. The interview should be conducted on an individual basis. You can also choose whether you are interviewed by a man or a woman. In addition, if you do not speak Spanish, you have the right to an interpreter or translator during the process.
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Step 3: Response to the application. COMAR will study your case and give you the result up to 55 business days (Monday through Friday, not counting weekends and holidays in Mexico) after the date marked on your application. This is 45 business days to make a decision, plus 10 days to inform you of the result. In some cases, COMAR may extend the deadline for another 45 business days.
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Step 4: What to do after receiving the answer If the answer is positive. As COMAR's cooperation institutions, you will have to go to the National Migration Institute (INM) to apply for permanent residence in Mexico as a refugee. All your family members included in the application will be recognized as refugees.
If your application is denied: you have the right to file an appeal within 15 working days (Monday through Friday, not counting Mexican holidays) following notification.
Subsequently, COMAR will review your case a second time. This may take up to 90 calendar days (Monday through Sunday). If you do not have a free attorney, you can go to any office of the Federal Public Defender's Institute. If COMAR denies your case a second time, you have the right to receive support from an attorney to continue your appeal before a judge. If you do not want a second review of your case, you may return to your country.
Please note that during the refugee status recognition procedure you must:
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Remain in the state where you filed your application. If you wish to move to a different state, you must request authorization from COMAR. If you move without authorization from COMAR, your case will be considered abandoned.
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Go weekly to the COMAR or INM office where you filed your application to sign a certificate stating that you remain in the state.
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Attend all interviews requested by COMAR. If you wish, you can ask for guidance from the UN Refugee Agency (UNHCR) in Mexico at 800 226 8769. / 800 283 2718.
or by email: mexme@unhcr.org. More details.
Rights and obligations of refugees:
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- Right to permanent residence in Mexico
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- To work
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- To receive health services
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- To receive education and, if applicable, the recognition of their studies
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- To move freely within Mexican territory
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- To have an identity document issued by the Mexican government
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- To request family reunification.
Obligations, among them:
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To respect the Political Constitution, laws and regulations of Mexico.
More information here.
National Migration Institute México
Homero Avenue 1832, Los Morales Polanco, Del. Miguel Hidalgo, Mexico City. C.P. 11509.