A Cuban doctor, who deserted her country while on a medical mission, sought refugee status in Costa Rica. However, her application was initially denied by the Migration authorities. The situation took a turn when Sala IV intervened and annulled the decision.
Constitutional Chamber’s Verdict in Favor of the Doctor
The Constitutional Chamber declared the annulment of the resolution by the Refuge Unit, which had previously rejected the doctor’s refugee request. The Chamber also ordered the State to pay damages and losses caused to the doctor. The doctor had argued that her fundamental human rights to seek and receive asylum, along with due process, were violated, as she could not be returned to a country that persecuted her.
New Reforms Impacting Refugee Applications
Article 14 of the Refugee Regulations has recently been reformed, setting a deadline of one month for refugee applicants to present their application upon entering Costa Rica. The United Nations Agency for Refugees opposes this change, arguing that there may be valid reasons for not applying immediately, such as a lack of support networks, understanding of the process, and the ability to secure basic needs like employment, shelter, and food.
Costa Rica’s Commitment to Political Asylum
Costa Rica’s Political Constitution, in Article 14, guarantees the country will serve as an asylum for individuals persecuted for political reasons. It further states that those granted asylum can never be sent back to the country where they were persecuted.
