Paraguay
Migratory authorities are to send CONARE an application for recognition of
statelessness status on behalf of any person who appears before the migratory
authority at the border and does not possess the required documentation within 24
hours (Article 39). The Directorate General of Migration must then authorize the person’s
entry into the country and inform the applicant for statelessness status to appear before
the Executive Secretariat of CONARE within 48 hours of their authorization to enter the
country, in order to formalize the application.
Both refugee and statelessness status are recognized if the person meets the relevant
criteria. If at any stage of the SDP the applicant requests recognition of refugee status or
if the Executive Secretariat considers that the person could qualify as a refugee,
CONARE processes the application in accordance with the rules and procedure for the
determination of refugee status. If CONARE determines that the applicant does not
possess a birth certificate from the country where the person was born, the procedure
will be suspended and the case referred to the competent authority for late birth
registration. If the referral concludes without the person having been registered as a
national, the decision shall be communicated to CONARE to resume the SDP.
The applicant has the right to be interviewed as many times as necessary to resolve the
application. The Executive Secretariat shall provide the assistance of a qualified
translator or interpreter when the language of the applicant is not Spanish. Children are
to be interviewed by specialized interviewers.
Applicants are issued with an identity document and a temporary residence document
for the duration of the procedure. While their application is in process, applicants are
also entitled to work and access basic health and education services within the National
Public Administration.
The legislation provides that no criminal, migratory or administrative sanctions will be
imposed on applicants on the basis of irregular entry or presence in Paraguay (Article
10). The principle of non-refoulement is also enshrined in legislation which states that
the applicant or recognized stateless person will not be returned, expelled or extradited
to a place where their life, personal safety or freedom is in danger (Article 12).
Furthermore, the applicant or recognized stateless person will be not be expelled from
Paraguay except for reasons of national security or public order (Article 12).
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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