Mexico
Mexico
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A formal SDP was established pursuant to the Migration Law (2011) and its
Regulations (2012).
Good practices include:
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the same definition of a stateless person as in the 1954 Convention;
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equality under the law for those whose nationality is deemed ineffective;
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the right to be informed of 1) the right to seek asylum as well as recognition of
statelessness status and 2) the right to appeal a negative decision;
waiver of 1) visa requirements to enter the country and 2) time limits to apply for
a residency card;
the explicit requirement that issues relating to the SDP are dealt with per the
relevant international treaties to which Mexico is a party, including the 1954
Convention and the American Convention on Human Rights; and
the grant of permanent residence following recognition of statelessness status.
In 2011, Mexico adopted its Migration Law41 and its regulation, creating a formal SDP
which began functioning in 2012.42
The SDP is mainly regulated by Article 150 of the Regulations to the Migration Law
(Regulations). Pursuant to these Regulations, applications for statelessness status are
received by the National Migration Institute (INM). On the next business day following
receipt of the application, the INM must request a legal opinion from the Mexican
Refugee Commission (COMAR), a body primarily focused on refugee status adjudication.
COMAR then has 45 business days to deliver its legal opinion to INM, for which purpose
it may gather the necessary information.
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Available in Spanish at: http://www.diputados.gob.mx/LeyesBiblio/pdf/LMigra_301014.pdf
Available in Spanish at: http://www.dof.gob.mx/nota_detalle.php?codigo=5270615&fecha=28/09/2012.
U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S