Law N°20.430 of April 15, 2010 grants “Protection to Refugees” and establishes the requirements that a foreigner must fulfill to be recognised as such:
- Grounded fear of being persecuted for reasons of race, religion, nationality, belonging to a determined social group or political opinion, found outside of his or her country of nationality, and cannot or does not wish to avail him or herself of the protection of said country, due to aforementioned fears;
- Has fled his or her country of nationality or usual residency, and whose life, safety or liberty has been threatened by widespread violence, foreign aggression, internal conflicts, massive violation of human rights, or other circumstances that may have greatly disrupted public law and order in that country;
- Lacks nationality and, due to the reasons expressed in previous items, is found to be outside of the country in which he or she had usual residency, and cannot or does not want to return to it;
- And those that, even at the time of leaving their country of nationality or usual residency did not have refugee status, thoroughly satisfy inclusion conditions as a result of events that occurred subsequent to their exit.
The objective of the regulation is to compile the international commitments related to the subject assumed by Chile, achieving a more autonomous and comprehensive regulation related to Refuge.
The regulation establishes the fundamental principles of protection to which a refugee has access, in which are highlighted the principles of non-refoulement, confidentiality, exception to expulsion, no sanction for irregular entry or residency, no discrimination, family reunification, the superior interest of the child, and freedom.
In addition, the legislation establishes the administrative procedure to apply for the recognition of refugee status, establishes causes for exclusion, cessation, and loss of recognition, and defines the organisations competent to determine the recognition of such status.