Supreme Court orders the National Migration Service to create a protocol for refugee applications

The Third Chamber of the Supreme Court ordered the National Migration Service to create a protocol for the processing of refugee applications by migrants.

This determination came after the highest Court accepted a protection appeal by a Venezuelan citizen who entered the country clandestinely and sought to be recognized as a refugee.

The Supreme Court gave the immigration agency a period of 40 calendar days from the execution of the sentence to create the protocol for this type of petition.


The arguments taken up by the court indicate that when analyzing the background and similar cases, it is understood that the “impossibility” that the service accuses of receiving this type of request “derives from an erroneous interpretation of the rules in play by the authority.” .

This action “affects equal rights, which causes the massive judicialization of this type of cause,” they add.

Furthermore, in the judgment – which had access The Mercury- indicate the formula that they believe is appropriate in this type of case: “This Supreme Court considers that the best way for the National Migration Service to comply with said procedure is the establishment of a protocol that regulates the application of the precepts involved in the matter (…) in compliance with the functions that the legislator has imposed on it in article 157 No. 12 of Law No. 21,325, that is, to elaborate and develop programs aimed at disseminating and promoting the rights and obligations of foreigners, the procedures necessary to remain legally in the country and the current National Migration and Alien Policy”.

Venezuelan case

The ruling was unanimously adopted by the ministers Angela Vivanco, Adelita Ravanales, Mario Carroza, Jean Pierre Matus and the member lawyer, Enrique Mayor.

In the particular case of the Venezuelan citizen, the Court indicated: “The resorted service must comply with delivering the petitioner, Mr. (…) the corresponding form for him to present an application in the form of recognition of the refugee status he seeks, along with the corresponding informative booklet without prejudice to verifying, once the corresponding administrative procedure has been initiated, compliance with all the requirements demanded to access said declaration”.

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