Whether the Colombian government has the discretion to accept or refuse an application for recovery of Colombian nationality or whether it must automatically accept such applications if all requirements have been fulfilled (July 2004) [COL42893.E]

The following information was provided by the official in charge of consular affairs at the Embassy of Colombia in Ottawa on 26 July 2004.

Law No. 43 of 1 February 1993 still regulates questions related to Colombian nationality, including recovery. The Colombian government or the consulate reviewing requests for the recovery of Colombian nationality do not exercise discretion in their decision to accept or reject an application if the applicant has met all the requirements of the process. In other words, nationality is regained automatically if all requirements are met. In exceptional cases, a former Colombian national may be unable to regain Colombian nationality for not meeting the requirements for recovery of nationality, for example because he or she has committed a political crime against the state or another serious crime.

For general information on Colombian nationality, please consult Law No. 43 of 1 February 1993 on Colombian nationality and Decree No. 207 on rules and regulations to recuperate Colombian nationality, both attached to COL23074.E of 13 February 1996.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection.

Reference


Embassy of Colombia. 26 July 2004. Telephone interview with the official in charge of consular affairs.