17
Dec

Today, due to the current state of various countries, the topic of refuge and asylum has acquired great relevance; especially to identify and explain who may be eligible and how to apply for refugee status or asylum in the Dominican Republic.

In recent years, political persecution and matters related to refugee and asylum have become common in some Latin and Central America countries. The amount of people who would like to publicly disclose their political inclination, gender, sexual orientation, religious preference, and others has increased. As a result, it becomes necessary to speak on this matter, in order to bring awareness and avoid persecution on account of your inclination or opinion.

In the Dominican Republic, we have many foreign nationals who may qualify for asylum or refugee status, especially because of the political climate and insecurity that their country of origin may be experiencing.

One example is the situation that Venezuelan citizens are experiencing due to the political climate, insecurity, and persecution currently in their country. Due to this situation, applying for asylum or refugee status is one of the options they may resort to; also taking into account how difficult it is to meet the necessary requirements in some countries, in order to request these two types of immigration conditions on a regular basis.

Before providing details as to how to apply for asylum or refugee status in the Dominican Republic, we will establish its meaning. In general, it can be seen as a universal concept, which is:

Refugee status or asylum is intended worldwide for people who have been forced to flee their country or are unable to return to it, due to well-founded reasons for persecution or situations based on:

• Race.
• Religion.
• Political affiliation.
• Nationality.
• Being a member of a social group, such as women or individuals of particular sexual orientation.
• Cultural.
• Natural disaster.
• The situation of violence.

In general, an asylum situation takes place when the government of a country welcomes an individual fleeing from another nation because their life is at risk. By granting asylum, the state receiving that individual undertakes the duty of ensuring their safety and providing assistance.

In the Dominican Republic, these matters are governed by the international agreements signed and ratified by the country regarding political asylum and refuge, such as the 1951 Refugee Statute Convention and its 1967 Protocol.

Regulation number 631-11, regarding the application of Dominican Migration Law number 285-05 in its article 3, which defines the concept of what is considered for us as a refugee in our legislation. It states the following:

Refugee: For purposes of the application of the Law and its regulations on immigration in the Dominican Republic, an individual will be considered a refugee if there are well-founded fears of them being persecuted on account of:

A) Race

B) Religion.

C) Nationality

D) Political affiliation.

E) Being a member of certain social groups.

You find yourself outside the country of your nationality and are unable or (because of such concerns) do not want to submit yourself to the protection provided by that country; or lacking nationality and while finding yourself outside of the country, being unable to return where you previously resided because you are unable to or do not want to due to your fears.

According to the same regulation, anyone who can demonstrate one or more of these reasons may apply to this figure in the Dominican Republic.

The same regulation (631-11), in articles 46 and 47 states:

1- Foreign nationals who have been granted asylum under Law number 775 of October 26th, 1934, which approved the Convention on Political Asylum, will be subject to vetting by the Dominican State. Once their status is accepted, the General Directorate of Migration (known in Spanish as D.G.M.) will grant you the status of Temporary Resident in accordance with the law and this regulation.

2- Refugees will be treated in accordance with the same Regulation and (especially) by the provisions of the National Refugee Commission Regulation number 2330, dated September 10th, 1984.

Foreign nationals who wish to apply for refugee status must do so before the authorities of the General Directorate of Migration at:

A) The borders.

B) Ports

C) Airports in Santo Domingo, capital of the Dominican Republic.

The National Office for Refugees, by the prior opinion of the Technical Subcommittee, will recommend to the General Directorate of Migration that a card be issued for the applicant, allowing them to remain in the country for a period not exceeding 60 days. Said card would be renewable until the National Commission for Refugees makes a definitive pronouncement on the application.

Refugees will be admitted as Temporary Residents (Migration law, article 35) and after complying with the requirements of the law, they may apply for permanent residence.

The Migration Law, in article 35, establishes who may apply as Temporary Residents in the Dominican Republic and admits both refugees and asylees. This law grants benefits to these categories and is the one that governs all conditions of foreign nationals in the Dominican Republic.

This article states the following: Foreign nationals who qualify under the following subcategories are admitted as Temporary Residents:

1- Scientists, professionals, journalists, specialized personnel, athletes and artists, hired by public or private institutions that develop activities in the country.

2- Businessmen, investors, merchants, industrialists and management personnel of national or foreign companies established in the country in order to manage their businesses or investments.

3- Technicians, craftsmen, and highly qualified workers in their trades.

4- Religious individuals belonging to churches, orders or congregations recognized in the country, who come to develop activities of their own cult, teachers or assistants.

5- Political Asylees in accordance with current legislation.

6- Refugees in accordance with current legislation.

7- Spouse and minor children of the persons mentioned in the previous sections of this article.

8- Foreign nationals who do not meet any of the criteria listed previously are exceptionally authorized by the Director General of Migration, on grounds of developing the activity and the benefits it may generate for the country.

9- Foreign nationals entering national territory by means of a residence visa, with the obligation to complete the corresponding formalization procedures for Dominican residence within the country.

Please note:

1- The fact that a given country grants protection, welcoming a foreign citizen as a refugee or asylee, is a duty and obligation for all agreements established at an international level.

2- You are not required to have an identity document in order to apply. Not having said the document does not disqualify you from applying for this immigration status.

3- Remember that these are very sensitive and specialized proceedings in nature. Additionally, to be able to access any of these statuses, you must meet the aforementioned requirements.