Law On Refugees, Complementary Protection And Political Asylum

Original Language Title: Ley sobre Refugiados, Protección Complementaria y Asilo Político

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Law on Refugees, Complementary Protection and Political Asylum

REFUGEE LAW, SUPPLEMENTARY PROTECTION AND POLITICAL ASYLUM

Official Journal of the Federation on January 27, 2011

Last reform published in the DOF on October 30, 2014

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

FELIPE DE JESUS CALDERÓN HINOJOSA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

REFUGEES AND SUPPLEMENTARY PROTECTION LAW ARE EXPECTED TO BE INTRODUCED, AND VARIOUS PROVISIONS OF THE GENERAL POPULATION LAW ARE ADDED AND REPEALED.

Article First.- The Refugee and Complementary Protection Act is issued to remain as follows:

REFUGEE LAW, SUPPLEMENTARY PROTECTION AND POLITICAL ASYLUM

TITLE FIRST

GENERAL PROVISIONS

ONLY CHAPTER

Article 1. The provisions of this Law are of general public order and observance in the Republic.

Article 2. For the purposes of this Law:

I. Political Asylum: Protection that the Mexican State grants to a foreigner considered to be persecuted for reasons or crimes of a political character or for those crimes of the common jurisdiction having a political connection, the life, freedom or security of which is in danger, which may be requested by diplomatic or territorial means. At all times, the Political Asylum Asylum shall be understood.

II. Attend: The foreigner who is found in the case established in Article 61 of the Law receives the protection of the Mexican State.

III. Well-founded Fears: Acts and deeds that give or have led to a persecution, and which by its nature, repeated character, or by an accumulation of actions by a third party, put or could put a person's life, freedom or security at risk.

IV. Law: Law on Refugees, Complementary Protection and Political Asylum.

V. Regulation: Refugee, Complementary Protection and Political Asylum Act Regulations.

VI. Country of Origin: The country of nationality or habitual residence of the applicant for refugee status, political asylum seeker or asylum seeker, as well as from abroad to which additional protection is granted.

VII. Supplementary Protection: Protection that the Secretariat of Government grants abroad that has not been recognized as a refugee in the terms of the This Law, consisting of not returning it to the territory of another country where its life, would be threatened or would be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment.

VIII. Status of Refugees: Legal status of the foreigner that is found in the assumptions established in Article 13 of the Law, is recognized as refugee, by the Secretariat of Government and receives protection as such.

IX. Representation: Those mentioned in Article 1 Bis, fraction VIII of the Mexican Foreign Service Act.

X. Secretariat: Interior Secretariat.

XI. Political Asylum Applicant: The foreigner requesting the Secretariat of Foreign Affairs, its delegations located outside the Federal District or the representation, as appropriate, of the granting of political asylum.

XII. Requesting the Condition of Refugee: The foreigner who asks the Secretariat for the recognition of the refugee status, regardless of their migratory status.

Article 3. This Law is intended to regulate the granting of political asylum, the recognition of refugee status and the granting of protection. In addition, it will provide the basis for the attention of applicants and assistance to asylum seekers and refugees who are on national territory, in order to ensure full respect for their human rights.

Article 4. The Secretariat in the application and interpretation of this Law shall observe the provisions of the Political Constitution of the United Mexican States, International treaties of compulsory observance in Mexico and other applicable laws, without prejudice to the intervention of other authorities in accordance with the provisions referred to above and other applicable provisions.

TITLE SECOND

REFUGEE STATUS

CHAPTER I

OF THE PRINCIPLES

Article 5. Under this Law, the following principles and criteria will be observed among others:

I.      No return;

II.    Non-discrimination;

III.   Higher interest of the child;

IV.    Family unit;

V.     No penalty for irregular income, and

VI.    Confidentiality.

Article 6. No applicant or refugee may in any way be rejected at the border or returned in any way to the territory of another country where their life is in danger for the reasons set out in Article 13 of this Law, or where there are reasonable grounds to consider that it would be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment.

A foreigner who is granted supplementary protection may not be returned to the territory of another country where his life is in danger or where there are reasonable grounds for consider that he would be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment.

Article 7. No penalty shall be imposed for irregular entry into the country, the refugee or the alien who is granted supplementary protection.

In the event of an irregular entry into the national territory of an applicant, the procedure shall be suspended until a request is made. resolution on the recognition of refugee status. In any event, the migration procedures shall be concluded in the light of the resolution on the application for recognition of the refugee status.

Article 8. The Secretariat, without prejudice to the obligations of other authorities and in coordination with other authorities, shall adopt the measures within their scope to ensure that applicants, refugees and those receiving additional protection are not discriminated against on grounds of ethnic or national origin, gender, age, disability, social or economic status, health conditions, pregnancy, religion, opinions, sexual preferences, state or any other which has the effect of preventing or annulling the recognition or exercise of their rights. For the adoption of these measures, the Secretariat shall analyse proposals that are formulated by international bodies and civil society organisations specialising in the field.

Article 9. In recognition of refugee status, the organization and development of the family must be protected, as well as the higher interest of the family. child.

Article 10. The information provided by the applicants, refugees, and those who receive additional protection, will be treated with the strictest confidentiality, on the basis of the provisions of the Federal Law on Transparency and Access to Government Public Information.

When, for the exercise of your authority, any authority requires information concerning applicants or refugees, you must apply to the Secretariat and once you have access to it, must be handled with the same confidentiality.

CHAPTER II

REFUGEE STATUS

Article 11. Any foreigner who is in the national territory has the right to ask for his or her legal representative or for a person, the recognition of the status of refugee. If the foreigner requests such recognition through his legal representative or by person, he/she must ratify his/her application to the Secretariat within three working days. If the foreigner ratifies it, the procedure of recognition will be continued, otherwise the application will not be submitted. The procedure for recognition of refugee status may be continued only by the applicant or by his legal representative in accordance with the provisions of this Law and its regulations.

Article 12. The Secretariat shall recognize the status of refugee, by means of a declarative act, to foreign nationals who are in any of the cases established in Article 13 of this Law, and which will therefore be subject to the rights and obligations contained therein.

Spouse, concubinaire, concubine, children, blood relatives up to the fourth grade, consanguineal relatives of the spouse, concubinaire, concubine, up to the second (a) the extent to which they are economically dependent on the principal applicant, who are in the same way in national territory with the applicant, shall be recognised as a refugee. In cases where there is no documentary evidence of a relationship of filiation and dependence, other sources of evidence, including the applicant's statement, will be analyzed.

Article 13. The status of refugee shall be recognized to any foreigner who is on national territory, under any of the following assumptions:

I. That due to well-founded fears of being persecuted for reasons of race, religion, nationality, gender, membership of a particular social group or political views, is outside the country of his nationality and cannot or, because of such fears, does not want to benefit from the protection of such a country; or who, lacking nationality and finding, as a result of such events, outside the country where before have habitual residence, cannot or, because of such fears, do not want return to the;

II. That you have fled your country of origin, because your life, security or freedom have been threatened by widespread violence, foreign aggression, internal conflicts, mass violation of human rights or other circumstances that have seriously disturbed public order, and

III. That due to circumstances that have arisen in your country of origin or as a result of activities performed during your stay on national territory, have well-founded fears of being persecuted for reasons of race, religion, nationality, gender, membership of a particular social group or political views, or their life, security or freedom could be threatened by widespread violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances that have seriously disturbed public order.

Article 14. The refugees recognized under the assumptions of section III of Article 13 of this Law, which prior to their recognition have generated rights of residence, may choose to maintain their migratory status or to avail themselves of the provisions of this Law and their regulations.

THIRD TITLE

OF PRIVILEGES IN THE FIELD OF REFUGEES, SUPPLEMENTARY PROTECTION AND POLITICAL ASYLUM

ONLY CHAPTER

Article 14 Bis. In the field of Political Asylum, it is up to the Secretariat of Foreign Affairs:

I. Resolving on the granting of political asylum to foreigners who are in representation or on national territory, submit their request for conformity with the assumptions provided for in this Law and its regulation. In all cases referred to in this section, the opinion of the Secretariat shall be sought in advance;

II. Orienting political asylum seekers and asylum seekers on their rights and obligations;

III. Take an updated record of asylum seekers and asylum seekers;

IV. Resolve on the withdrawal and resignation of political asylum;

V. The other privileges that the regulation and other applicable ordinances trust.

Article 14 Ter. In the field of Political Asylum, the Secretariat is responsible for the following:

I. In conjunction with the Secretariat of Foreign Affairs, promote and coordinate public actions, strategies and programs aimed at protecting and Asylum assistance in accordance with the provisions of this Law and its regulations;

II. In coordination with the Secretariat of Foreign Affairs and other competent authorities in terms of the regulation, promote solutions to the problem that they face the asides, during their stay on national territory, in accordance with the assumptions provided for in this Law;

III. Formulate, coordinate, follow up, evaluate and disseminate criteria and programs aimed at the attention of asylum, in coordination with the Secretariat of External Relations;

IV. Establish the bases and coordination procedures between federal, state, municipal, and federal agencies and agencies. Delegations, participating in the attention to asylum, and

V. Understand the Assysides with full respect for their human rights.

Article 15. For refugees, the Secretariat is responsible for the following:

I. Make the recognition of the refugee status to foreigners who, finding themselves on national territory, so request in accordance with the Cases referred to in this Law. In all cases referred to in this section, the Secretariat shall first seek the opinion of the Secretariat for External Relations;

II. Promote and coordinate public actions, strategies and programs aimed at the protection and assistance of refugees and applicants in accordance with Article 20 of the this Act;

III. In coordination with the Secretariat of Foreign Affairs and other competent authorities in terms of the regulation, promote lasting solutions to the problems faced by refugees, during their stay on national territory, in accordance with the assumptions provided for in this Law;

IV. Take an updated record of the applicants and refugees;

V. Orienting applicants and refugees who are on national territory about their rights and obligations;

VI. Formulate, coordinate, track and evaluate refugee programs;

VII. Establish and disseminate criteria to be considered in the attention of applicants and refugees;

VIII. Establish the basis and coordination procedures between federal, state, municipal, and federal agencies and agencies. Delegations, participating in refugee care;

IX. Promote actions to ensure the right to apply for refugee status;

X. Perform the cessation, revocation, and cancellation procedures of the refugee status;

XI. Understanding applicants and refugees with full respect for their human rights;

XII. Organize and participate in outreach activities on refugees ' rights and obligations;

XIII. Promote the dissemination and promotion of international refugee law, and provide training to migrant officials and public servants involved in the matter;

XIV. Dictate the necessary measures during the procedures for recognition, cessation, revocation, and cancellation of the refugee status, and

XV. The other attributions that are entrusted to you by the regulation of this Law and other applicable ordinances.

Article 16. For supplementary protection, the Secretariat is responsible for the following:

I. Grant additional protection to foreign nationals who are in the cases set forth in this Law and other applicable provisions;

II. Bring an updated record of foreign nationals to whom they are granted supplemental protection;

III. Orienting foreigners to be granted supplemental protection over their rights and obligations;

IV. Establish and disseminate criteria that should be considered in the care of those who receive complementary protection, and

V. To support foreigners who are granted complementary protection with full respect for their human rights.

Article 17. For compliance with your privileges, the Secretariat may:

I. Promote the participation of national and international organizations, which have been highlighted for their work and study in the field; Responsibilities for other authorities in the field, and

II. Subscribe to the collaboration agreements necessary for the performance of their privileges, without prejudice to the privileges that correspond to other authorities in matter.

TITLE FOURTH

RECOGNITION OF REFUGEE STATUS AND GRANT OF SUPPLEMENTARY PROTECTION

CHAPTER I

RECOGNITION OF REFUGEE STATUS

Article 18. The foreigner who requests to be recognized as a refugee must submit in writing his application to the Secretariat within the 30-day term. (a) a person who has entered the country or, where applicable, the person in which it has been materially possible to present it in the terms defined by the regulation.

In the case provided for in Article 13 (III), the deadline for submitting the application shall be from the day following the day on which it is aware of the facts which refers to that provision.

In the event that the applicant is not able to submit the application in writing, he will submit it verbally, with the statements of the applicant. If the foreigner is not able to communicate verbally, the necessary steps shall be taken to settle the applicant's statements in the relevant minutes.

In the event that the foreigner does not understand the Spanish language, it will proceed according to the last paragraph of article 23 of this Law.

The procedure for recognition of refugee status will be free.

Article 19. The applicant shall be entitled to receive clear, timely and free information on the procedure for recognition of refugee status and on the rights inherent in it, as well as the resources that this Law and others grant to it.

Article 20. During the procedure, the Secretariat will take the necessary steps to ensure the granting of institutional assistance to applicants who require special attention, as well as pregnant women, girls, children and adolescents, elderly, disabled, chronically ill, victims of torture or other cruel, inhuman or degrading treatment or punishment of sexual abuse and violence of gender, of human trafficking or any other person could be in a situation of vulnerability in accordance with the legal provisions applicable to each subject.

When an applicant in a situation of vulnerability has been provisionally admitted or found in some migratory station, the Secretariat will assess the measures that (a) better to favour the applicant, in accordance with the circumstances of the case. In the case of girls, boys and adolescents, their higher interest should be determined.

Article 21. When a foreigner who is in one of the places destined for international transit of persons, or subject to a procedure However, the Secretariat must be required to provide information on the status of refugees, regardless of the stage of the procedure, or, without documentation showing their regular migratory status in the national territory, (i) lay down the measures which are strictly necessary in each case; compliance with the regulation.

The submission of the application from a foreigner will not leave no effect on the measures that were previously issued to the application.

Any authority which is aware of the claim of a foreigner to apply for the recognition of the refugee status shall give written notice and immediate way to the Secretariat. Failure to comply with the above will be sanctioned in accordance with the applicable provisions on the responsibilities of public servants.

Once the application has been formally filed, no authority may provide information or notify the diplomatic or consular authorities of the country of origin of the applicant, unless there is evidence of the express consent of the applicant.

During the procedure the applicant will be able to promote by itself or through his legal representative. If the applicant is in any migratory station, the measures must be taken to ensure communication with his legal representative or, where appropriate, with the person of his or her trust in accordance with the applicable provisions. At all times, interviews must be conducted in a personal manner with the applicant, and may be accompanied by his/her legal representative.

Article 22. The Secretariat shall issue to each applicant and its dependents a record of processing in respect of the request for recognition of the status of refugee.

Article 23. The applicant shall provide his/her full and veridic identification data, the reasons on which he/she bases his/her application, as well as all elements available to support it. From the submission of the application until before the Secretariat issues resolution, the applicant may provide all the evidence that he or she has agreed to.

The Secretariat, taking into account the social and cultural context of where the applicant comes from, as well as his age, gender and other particular circumstances, conduct the necessary interviews on a personal basis, in order to allow for the analysis of your request.

In the substantiation of the procedure, especially during the conduct of the interviews, if necessary, the support of a translator or interpreter will be provided and of the specialists required to facilitate communication with the applicant, who shall at all times be required to preserve the confidentiality of the information.

Article 24. The Secretariat will analyze and evaluate all requests for recognition of the refugee status and issue, in each case, resolution written, founded and reasoned, within 45 working days from the day following the filing of the application.

For the purposes of the preceding paragraph, the Secretariat shall request an opinion on the conditions prevailing in the country of origin of the applicant to the Secretariat of External relations and the other competent authorities laying down the regulation in respect of the applicant's background. Such an opinion shall be issued within 15 working days from the following working days following the date of receipt of the same opinion; if that period has elapsed, the Secretariat shall not receive the opinion requested, it shall be understood that there is no opinion or information about the particular one.

The deadline for issuing the resolution may be extended for a period equal to the Secretariat's judgment, only in the following cases:

I. The lack of information about the facts on which the request is based;

II. The lack of translator or specialists to facilitate communication with the applicant;

III. The impossibility of conducting interviews on the basis of the applicant's health conditions;

IV. The foreign request to contribute elements that support your request, or

V. Any other circumstance arising from the fortuitous case or force majeure that makes it impossible for the Secretariat to properly develop the procedure.

Article 25. The resolution shall be notified in writing to the applicant. The Secretariat at the time of the notification shall ensure that the applicant understands the meaning of the decision.

In cases of recognition of refugee status, the Secretariat will issue the relevant migration document that accredits its regular migratory situation in the country in the terms of the applicable provisions. If the decision is in a negative sense, the foreigner may institute review proceedings within 15 working days from the respective notification, in accordance with the provisions of the regulation; may institute the means of defence which it considers relevant in accordance with the applicable provisions.

Article 26. The recognition of the refugee status is individual.

In the event of a mass entry to the national territory of a group of persons in the cases provided for in Article 13 of this Law and This situation will lead to a substantial increase in requests for recognition of refugee status, the Secretariat may set the guidelines to be followed to address them as a group, as long as there are no elements to advise on their attention on the individual. Once the massive income is taken care of, as soon as possible to the Secretariat, it will proceed to the individual determination of the refugee status.

Article 27. The status of refugee abroad will not be recognized for which, once your application has been analyzed, there are reasonable grounds to consider which is in any of the following assumptions:

I. That has committed a crime against peace, crime of genocide, crimes against humanity or war crimes, of those defined in the instruments international ratified by the Mexican State;

II. That you have committed outside of the national territory a serious crime, prior to your hospitalization, or

III. That he has committed acts contrary to the purposes and principles of the United Nations.

In the case of part II, the nature of the offence must be addressed and the offence must be punishable under national law and that of the country of origin or of the country of origin. the country where it was committed.

CHAPTER II

SUPPLEMENTARY PROTECTION

Article 28. The Secretariat may grant additional protection to foreign nationals who, not meeting within the circumstances of Article 13 of this Law, require protection not to be returned to the territory of another country where its life is in danger or where there are reasonable grounds to believe that it would be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment.

For the granting of such protection, the Secretariat will have to consider the opinion of the Secretariat of Foreign Relations, which will be requested in accordance with the provisions of the Article 24 of this Law.

Additional protection will not be granted to foreign nationals in respect of which there are reasonable grounds to consider that it is in any of the alleged cases provided for in the Article 27 of this Law.

Article 29. When the Secretariat determines that an applicant does not meet the requirements to be recognized as a refugee, it shall, in each case, assess whether the Foreign protection requires additional protection.

Article 30. The supplementary protection assessment must be notified abroad in the same resolution as the procedure for recognition of the refugee status.

Article 31. If the Secretariat determines that a foreigner requires additional protection, it will issue the corresponding immigration document that accredits its regular migratory situation in the country in the terms of the applicable provisions. Otherwise, the latter will be subject to the corresponding migratory provisions.

Article 32. The Secretariat may withdraw additional protection granted only in the following cases:

I. In which it is credited that an alien hidden or distorted the information provided, or

II. When the circumstances that prompted the granting of the supplemental protection are removed.

TITLE FIFTH

OF CESSATION, REVOCATION, AND CANCELLATION PROCEDURES

CHAPTER I

OF CESSATION, REVOCATION, AND CANCELLATION

Article 33. The Secretariat shall cease the recognition of the refugee status to which:

I. You have voluntarily received the protection of the country of your nationality;

II. Having lost his nationality, he voluntarily reworks;

III. You have acquired a new nationality and enjoy the protection of the country of your new nationality;

IV. It has been voluntarily established in the country that it had abandoned or outside of which it had remained in accordance with Article 13 of this Law;

V. The circumstances for which he was recognized as a refugee have disappeared and he cannot continue to refuse to benefit from the protection of his country. nationality, or

VI. He has no nationality and because of the disappearance of circumstances under which he was recognized as a refugee, he is in a position to return to the country where had his habitual residence.

The recognition of the refugee status shall not cease in the cases covered by fractions V and VI, where the refugee may invoke serious derivative reasons. of the persecution for which he originally left his country of origin, or who maintains a well-founded fear of persecution for one of the reasons referred to in Article 13 of this Law.

Article 34. The Secretariat will revoke the recognition of the refugee status when, after its recognition, a refugee conducts referred to in Sections I and III of Article 27 of this Law.

Article 35. The Secretariat shall cancel the recognition of the refugee status, where it has in its possession evidence that the applicant concealed or distorted the facts stated on which it based its application in such a way that, if it had been known in a timely manner, it would have caused the non-recognition of the condition.

Article 35 Bis. Refugees and foreigners who receive additional protection may request that the condition or protection be suspended at any time which they receive, for which it will be necessary to give notice to the Secretariat.

In case a refugee or foreigner receiving supplementary protection leaves the country and requests the recognition of the refugee status, grant a Similar condition or permanent residence in another country, the Secretariat shall proceed to the suspension of the refugee status itself which could be reactivated by application and its assessment in an eventual return.

In the cases referred to in this article, the Secretariat shall carry out the necessary actions to terminate the effects of its condition of stay in territory. national in the terms provided for by the regulation.

CHAPTER II

IS PROVISIONS

Article 36. It is up to the Secretariat to cease, cancel or revoke the recognition of the refugee status. For the foregoing, the Secretariat shall issue a reasoned and reasoned resolution regarding the cessation, cancellation or revocation of the recognition of the refugee status, within 45 working days from the day on which the the respective procedure and which must be notified abroad.

The time limit for issuing the resolution may be extended for a period equal to the judgment of the Secretariat and only where there are justified reasons for it, the which will be:

I. The lack of translator or specialists to facilitate communication with the refugee;

II. The impossibility of conducting interviews on the basis of refugee health conditions;

III. The foreign request to contribute items, or

IV. Any other circumstance arising from the fortuitous case or force majeure that makes it impossible for the Secretariat to properly develop the procedure.

The regulation of this Law shall establish the terms, conditions and requirements under which such an extension may be processed.

The procedures for the cessation, revocation or cancellation of the recognition of the refugee status will be free.

Article 37. The resolution must be notified in writing abroad. The Secretariat at the time of the notification shall ensure that the foreign national understands the meaning of the decision.

Article 38. During the substantiation of a cessation, revocation or cancellation procedure, the Secretariat shall inform the foreign nationals of the refugee status referred to in Article 12, which may submit in writing a new application for recognition of the status of an independent refugee from the main applicant. In this scenario, the derived condition will be maintained until a final determination of the request is reached.

In relation to the spouse, concubinaire, concubine, children and those dependent abroad whose recognition of the refugee status is ceased, revoked or cancelled, they will have the right to apply for recognition of refugee status. In the event of failure to submit the relevant application, the cessation, revocation or cancellation shall be effective, after 30 working days following the determination of the principal refugee.

However, they will be able to request the immigration authority to grant them a status of stay in the country.

Article 39. Against the resolution, the review facility shall proceed, the same as shall be filed within the following 15 working days from the date of the review. of the respective notification. In the same way, the foreign national may institute the means of defence which it considers relevant in accordance with the applicable provisions.

Article 40. The refugee who is subject to a procedure of cessation, revocation or cancellation of the recognition of the refugee status shall have among others, right to:

I. Receive clear, timely and free information about the respective procedure and the rights inherent in it, as well as the resources that this Law and other applicable provisions grant you;

II. Perform the demonstrations that you agree to and provide all the evidence you deem appropriate, and

III. Counting, if necessary, free of charge with the support of a translator or interpreter of your language or one of your understanding and the specialists who require to facilitate communication, which must at all times preserve the confidentiality of the information.

Article 41. The Secretariat shall take the necessary measures to ensure the rights of refugees subject to a cessation, revocation or cancellation, requiring special attention for their vulnerability situation.

During the procedure, the refugee may promote by itself or through his legal representative. At all times, interviews must be carried out in a personal manner with the refugee, and may be accompanied by his legal representative.

Article 42. The Secretariat, taking into consideration the social and cultural context of where the refugee comes from, as well as his age, gender and other circumstances He shall personally interview him in order to make up for the necessary elements to be able to resolve in respect of the cessation, revocation or cancellation of the recognition of the refugee status.

Article 43. The alien to whom the recognition of the refugee status is terminated, may not, under any circumstances, make a new request with basis on the same facts and arguments for which it was recognised. In cases where the recognition of the refugee status is revoked or cancelled, the foreigner may not, under any circumstances, make a new application under the same facts and arguments for which he was recognized or enjoyed derivative.

TITLE SIXTH

OF REFUGEES

CHAPTER I

RIGHTS AND OBLIGATIONS

Article 44. Under the conditions presented by refugees upon leaving their country of origin in respect of other foreigners, they must receive the highest possible facilities for access to the rights and guarantees enshrined in the Political Constitution of the United Mexican States and the instruments of human rights duly signed and ratified by the Mexican State, in accordance with the applicable provisions, including:

I. Receiving support from public institutions, in exercising and respecting their rights;

II. Receive health services;

III. Receive education and, where appropriate, the recognition of their studies;

IV. Exercise the right to work, being able to dedicate to any activity, provided it is lawful, without prejudice to the legal provisions that result applicable in the field;

V. Get the identity and travel document issued by the Foreign Secretary;

VI. Request family reunification, and

VII. Obtain the migration document issued by the Secretariat, which accredits your status as a permanent resident.

Article 45. Foreign nationals referred to in this order have an obligation to respect the Political Constitution of the United States Mexicans, laws and regulations, as well as measures taken to maintain public order.

CHAPTER II

OF REFUGEES RECOGNIZED IN ANOTHER COUNTRY

Article 46. The Secretariat may authorize a foreigner recognized as a refugee in another country, who did not enjoy effective protection, his hospitalization as a refugee to the national territory, in accordance with the provisions of the regulation of this Law.

Article 47. When a foreigner recognized as a refugee in a third country, he becomes in violation of the provisions of entry into the national territory, the The Secretariat, taking into account the declarative nature of the recognition of the refugee status, will analyze the reasons for this hospitalization and the reasons why it left the country where it was recognized as a refugee in order to determine whether or not to have effective protection.

If the protection granted by a third country was effective and the causes for which it was recognized as a refugee remain in force, the exit of the refugee from the national territory.

The Secretariat shall issue a reasoned and reasoned resolution on this fact, which shall be notified in writing abroad. The refugee may institute review proceedings within the following 15 working days from the notification in accordance with the Regulation; in the same way, the refugee may institute the means of defence which it considers relevant in accordance with the the applicable provisions. The departure of the refugee shall only proceed if there is no risk to his life, freedom and security.

CHAPTER III

OF THE STAY IN NATIONAL TERRITORY

Article 48. Refugees and foreign nationals granted supplementary protection will be granted permanent residency in the United States. Mexicans.

Article 49. Refugees and foreign nationals who require additional protection in accordance with the International Treaties of compulsory observance in Mexico and other applicable laws, may reside anywhere in the Mexican Republic and must inform the Secretariat of their changes of residence, in accordance with the provisions of the regulation.

The Secretariat may determine the place of residence of applicants, refugees or foreigners who require or receive additional protection only when issued guidelines under Article 26 of this Act.

Article 50. Refugees and foreign nationals who require additional protection in accordance with the International Treaties of compulsory observance in Mexico and other applicable laws, shall be exempt from the payment of rights for migration services.

Article 51. When a refugee or a foreigner who receives supplementary protection, intends to travel to his or her country of origin, must do so Secretariat. The information provided by the refugee or the alien receiving additional protection may initiate the procedure for the cessation, cancellation or revocation of the refugee status, as well as the withdrawal of the additional protection.

Article 52. If there are reasonable reasons to consider that the applicant, refugee, or foreigner receiving supplementary protection, puts security at risk national, or, if having been the subject of a final conviction for a serious offence whose nature constitutes a threat to society, may be expelled or returned to another country.

Article 53. In case of an extradition request from a foreigner who has requested the recognition of the refugee status or a refugee, the Secretariat of Foreign Affairs shall notify the Secretariat no longer than five working days from the date on which it receives the request for extradition.

For the purposes of the above paragraph, the Secretariat shall refer to the Secretariat of Foreign Relations, the list of applicants and refugees from compliance with the regulation.

In the case referred to in the first paragraph of this article, the Secretariat, during the extradition procedure, shall issue its opinion to the Secretariat of Relations Foreign, in respect of whether the request for extradition is in accordance with or not with the safeguard of the principle of non-refoulement and, where appropriate, the actions that were brought to its judgment, in order to comply with that principle.

This opinion will be sent to the Judge of Knowledge, through the Secretariat of Foreign Relations, for consideration, before it issues legal opinion to the referred to in Articles 28 and 29 of the International Extradition Act.

When a request for recognition of refugee status is pending resolution, the Secretariat will have to resolve the recognition of the refugee status. refugee status within a period not exceeding 10 working days, subject to the provisions of Articles 18, 19, 20, 21, 22 and 23 of this Act.

CHAPTER IV

INSTITUTIONAL ASSISTANCE

Article 54. The Secretariat, within the scope of its powers, shall take the necessary measures to provide institutional assistance to refugees, as well as assisting them in order to facilitate their integration into the country, taking into account the social and cultural context of where they come from, as well as whether they are girls, boys and adolescents, older adults, with disabilities, pregnant women, chronically ill, victims of torture or other cruel, inhuman or cruel treatment or punishment demeaning, sexual abuse and gender-based violence, human trafficking, or any other person who may be in a state of vulnerability.

Article 55. The Secretariat may establish coordination agreements with federal and local agencies and agencies, so that applicants in the state of particular vulnerability and refugees can receive support to address their immediate needs. It will also be able to establish mechanisms for collaboration with civil society organisations and all institutions that can provide direct care to applicants and refugees.

Article 56. The Secretariat will promote federal, state, municipal, Federal District, and its delegations, as well as the institutions that grant support to the persons referred to in Article 54 of this Law, provide the facilities to applicants and refugees for access to the benefits of their programs, in accordance with the legal provisions that are applicable.

Article 57. When for the exercise of their rights and obligations the refugee requires the consular services of his or her country of origin for obtaining documents, certification or accreditation of their marital status, titles and other administrative acts, the competent authorities shall take appropriate measures to support the refugee, respecting his right not to seek support from the authorities of the government of your country of origin, including the possibility of not applying for apostille or legalisation of documents in accordance with applicable provisions.

Article 58. For the purposes of family reunification, the Secretariat may authorize, on the basis of refugee status, the admission to the territory of the national of the spouse, concubinaire, concubine, children, consanguineous relatives up to the fourth grade, consanguineous relatives of the spouse, concubinaire, concubine, to the second degree who are economically dependent on the refugee, as well as the capacity economic for their maintenance.

TITLE SEVENTH

POLITICAL ASYLUM

CHAPTER I

PRINCIPLES

Article 59. The Secretariat, without prejudice to the obligations of other authorities and in coordination with the authorities, shall take the necessary measures. at their disposal to ensure that asylum is not subject to discrimination on grounds of ethnic or national origin, gender, age, disability, social or economic status, health conditions, pregnancy, religion, opinion, sexual preferences, marital status, or any other that has the effect of preventing or annulling the recognition or exercise of their rights.

Article 60. The information provided by asylum seekers and asylum seekers will be treated with the strictest confidentiality, in terms of established by the Federal Law on Transparency and Access to Government Public Information.

When some authority requires information regarding asylum seekers or asylum seekers, it must be requested from the Secretariat of Foreign Affairs; in case that such information is provided to him, that information must be treated in a confidential manner, in terms of the law cited.

CHAPTER II

GRANTING POLITICAL ASYLUM

Article 61. Any foreigner who is in danger of his or her life, freedom or security by ideas or political activities directly related to his or her profile Without the protection of your country, you may request the granting of political asylum to the Secretariat of Foreign Affairs, its delegations located outside the Federal District or the Representation, as appropriate.

Article 62. The Secretariat of Foreign Affairs may extend, by referral, the granting of political asylum to the spouse, concubinaire, concubine, children and those of their spouse, concubinaire or concubine, who are economically dependent on asylum, who are in their country of origin or on national territory with the applicant, for which they shall consider the opinion issued by the Secretariat.

CHAPTER III

OF THE POLITICAL ASYLUM GRANT PROCEDURE

Article 63. The applicant for political asylum shall be physically present at the Representation, at the seat of the Secretariat of Foreign Relations or in his/her delegations located outside the Federal District, in order to submit their application in writing, and to provide their identification details, the grounds on which they base their application for political asylum, as well as all the elements that has to support it.

In the event that the applicant is unable to submit the application in writing, he/she may do so verbally.

Article 64. The political asylum seeker will receive clear, timely and free information on the political asylum procedure as well as on their rights and obligations.

Article 65. Representations will only receive political asylum requests from nationals of those countries to whom they are accredited.

Representations must forward requests to the Foreign Secretary.

Article 66. During the procedure, the Secretariat of Foreign Relations or the Representation of the relevant consideration, shall take the measures at its disposal to provide protection to political asylum seekers.

Article 67. The Representation may interview the applicant on two occasions, in order to obtain sufficient elements for the analysis of the application. It will also collect as much information as possible on the prevailing situation in the country of origin.

Article 68. The decision to grant or not to grant political asylum to the Secretariat of Foreign Relations is the responsibility of the Secretariat.

Article 69. The decision on whether or not to grant political asylum will be communicated to the applicant for the same; the regulation of this Law will set the deadline for such effects.

In cases where the Secretariat of Foreign Relations, grant political asylum, is and the Representation, in a coordinated manner, will take the necessary measures so that, where appropriate, the asylum is transferred to the national territory.

Granted the political asylum, the Secretariat of Foreign Relations will notify its decision to the Secretariat to the effect that it is issuing the migration document of conformity with the provisions of the Migration Act.

Article 70. In case a foreigner is present in a place destined in Mexico for the international transit of persons and requests to be granted political asylum, The Secretariat shall determine whether the request corresponds to a possible case of refugee status or political asylum. In the latter case, it shall immediately inform the Foreign Secretariat of such a situation, and shall send the data identifying it, as well as the reasons it may explain to support its request.

CHAPTER IV

REMOVAL AND RESIGNATION OF POLITICAL ASYLUM

Article 71. The Foreign Secretary may withdraw the granting of political asylum in the following cases:

I. In which it is credited that the assidence hidden or distorted the information provided;

II. For performing acts on national territory that constitute a national security risk or threat;

III. When there are reasonable grounds to consider that asylum has committed a crime against peace, the crime of genocide, crimes against humanity or crimes war of those defined in the international treaties of which the Mexican State is a party or the crime of terrorism, or

IV. When the circumstances that prompted your grant are removed.

Article 72. The asides may at any time waive the protection granted to them, for which it will be necessary to give written notice to the Foreign Secretary, who will communicate the conduct to the Secretariat.

In case an assident applies for permanent protection or residence in another country, it will be understood that he will waive the protection granted to him in the United States. Mexicans.

In the cases of resignation referred to in this article, the Secretariat of Foreign Relations shall carry out the necessary actions to terminate the of their condition of residence on national territory in the terms provided for by the regulation.

CHAPTER V

OF THE STAY IN NATIONAL TERRITORY

Article 73. The political asylum seeker shall be granted the status of stay in accordance with the provisions of the Migration Act.

Article 74. In case of an extradition request for an asylum, the Foreign Relations Secretariat will include the asylum status as a element when considering the extradition request.

CHAPTER VI

INSTITUTIONAL ASSISTANCE

Article 75. The Secretariat, within the scope of its powers and in coordination with the Secretariat of Foreign Affairs, shall take the necessary measures to provide institutional assistance to the asylum systems, in the same terms as those laid down in Articles 54, 55, 56 and 57 of the Law.

CHAPTER VII

OF THE PROCEDURES PROVIDED FOR IN LAW

Article 76. The details of the procedures, deadlines, requirements and criteria of the procedures related to the request for political asylum, the recognition of the status of refugee and supplementary protection shall be subject to the provisions of the regulation of this Law.

TRANSIENT

FIRST. This Law shall enter into force on the day following that of its publication in the Official Journal of the Federation.

SECOND. The procedures of applicants and refugees who have been initiated in accordance with the provisions of the General Population Law and its regulations, and which are find pending resolution may be substantial in accordance with the provisions of this Law and its Rules of Procedure.

THIRD. Refugees previously recognized for the entry into force of this Law may request that the immigration document be issued to them. status of legal stay in the country as a permanent resident.

FOURTH. The Secretariats of Government, Public Education, Labor and Social Welfare, Health, Foreign Relations and the Attorney General's Office carry out the necessary actions to ensure that the implementation of this Decree is carried out, where appropriate, with the resources approved to them, for the corresponding fiscal year, so that they will not require additional resources for such purposes and will not increase their regularizable budgets.

QUINTO. The Executive Branch through the Secretariat of Government, will have a period of 180 calendar days for the publication of the regulations of this Law, in the Official Journal of the Federation.

Item Second.- .........

Transient

Unique. This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Mexico, D.F., at December 9, 2010.-Dip. Jorge Carlos Ramírez Marin, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. Maria Guadalupe García Almanza, Secretary.-Sen. Arturo Herviz Reyes, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, twenty-six January of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.