Research Directorate, Immigration and Refugee Board of Canada

This Response to Information Request is an update to MEX106346 of 9 August 2019 in order to incorporate new information provided by the Mexican Commission for Refugee Assistance (Comisión Mexicana de Ayuda a Refugiados , COMAR).

1. Access to Administrative Case Files in Refugee Proceedings

In correspondence with the Research Directorate, the Director of Legal Services of COMAR indicated that, according to Mexican law, personal data included in administrative case files in refugee proceedings is considered as [translation] "confidential information with restricted access" (Mexico 5 Aug. 2019). As such, only a person who has applied for refugee status in Mexico, or has been granted refugee status in Mexico, or is receiving complimentary protection in Mexico, or their legal representatives, can request [translation] "simple copies" or "certified copies" of their administrative case file, including "all decisions generated with respect to the file and the eligibility interview" (Mexico 5 Aug. 2019). Other parties can have access to the administrative case file only through a judicial ruling (Mexico 5 Aug. 2019). Similarly, in a telephone interview with the Research Directorate, a representative of the UNHCR's Mexico office indicated that a person who has applied for refugee status and/or obtained refugee status in Mexico may request a copy of the documents he or she submitted with his or her refugee application, as well as any record of decision that may have taken place (UN 10 July 2019).

2. Procedures

The Director of Legal Services of COMAR indicated that a person who has applied for refugee status in Mexico, or has been granted refugee status in Mexico, or is receiving complimentary protection in Mexico, or their legal representatives, can request copies of the administrative case file through a written request at any of COMAR's offices with an identification document (Mexico 5 Aug. 2019). The UNHCR representative similarly indicated that the request is made in person at COMAR or through a legal representative (UN 10 July 2019). According to the Director of Legal Services of COMAR, requests can also be made online at the Transparency National Platform (Plataforma Nacional de Transparencia , PNT) website, an online tool that can be accessed both within Mexico and from abroad (Mexico 5 Aug. 2019). The PNT is a website available to persons in Mexico to access information that "by law, all public institutions at the federal, state and municipal level must make available," including public information and personal data (Mexico n.d.). Further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Director of Legal Services of COMAR indicated that requests can be submitted from abroad through a proxy as long as there is an authorized legal representative in the administrative case file of the concerned person (Mexico 5 Aug. 2019). The UNHCR representative similarly indicated that if the request for these copies is submitted from another country, the request is made through a legal representative in Mexico with a notarial certificate (UN 10 July 2019).

The Director of Legal Services of COMAR indicated that copies of administrative case files are delivered within 20 days after a request has been submitted (Mexico 5 Aug. 2019).

3. Limitations

The Director of Legal Services of COMAR indicated that the only cases where a person who has applied for refugee status in Mexico, or has been granted refugee status in Mexico, or is receiving complimentary protection in Mexico, or their legal representatives, would not have access to the administrative case file include are covered under Article 55 of the General Law on Protection of Personal Data in Possession of Obliged Subjects (Ley General de Protección de Datos Personales en Posesión de Sujetos Obligados ) (Mexico 5 Aug. 2019), which include:

1. When the holder or his or her representative is not duly accredited for this purpose;
2. When the personal data is not in the possession of the authority in charge;
3. When a legal impediment exists;
4. When third-party rights are harmed;
5. When judicial or administrative proceedings are hampered;
6. When there is a decision from a competent authority that restricts access to personal data or does not allow for the correction, cancellation or objection of this data;
7. When the cancellation or objection has already been carried out;
8. When the authority in charge does not have competency;
9. When it is necessary in order to safeguard the legally protected interests of the holder;
10. When it is necessary in order to comply with obligations that are legally acquired by the holder;
11. When, in accordance with its legal powers, the daily use, safeguarding and handling is necessary and proportional in order to maintain the integrity, stability and continuity of the Mexican State; or
12. When the personal data is part of the information that the bodies subject to financial oversight and regulation from the obligated party have given to it, in compliance with the requirements related to this information regarding its operations, organization and activities. (Mexico 2017, Art. 55)

The Director of Legal Services of COMAR indicated that in cases where a request is declined by COMAR due to one of the above reasons, the applicant will receive a response with the reason and the evidence, if applicable, within 20 days of submitting the request (Mexico 5 Aug. 2019).

4. Repository Terms of Administrative Case Files

The Director of Legal Services of COMAR indicated that administrative case files are considered "historical" for the purposes of repository (Mexico 5 Aug. 2019). The General Archives Law (Ley General de Archivos ) stipulates that "historical" documents "are permanently preserved because they contain evidentiary, testimonial or information value that is relevant to society and which, as a result, form an integral part of the country’s collective memory and are crucial for understanding national, regional or local history" (Mexico 2018, Art. 4, XXV). The Director of Legal Services of COMAR indicated that administrative case files in refugee proceedings will remain classified for 70 years after the creation of the file (Mexico 5 Aug. 2019).

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. Please find below the list of sources consulted in researching this Information Request.

References

Mexico. 5 August 2019. Secretaría de Gobernación, Comisión Mexicana de Ayuda a Refugiados (COMAR). Correspondence from the Director of Legal Services to the Research Directorate.

Mexico. 2018 (amended 2019). Ley General de Archivos . Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 15 August 2019]

Mexico. 2017. Ley General de Protección de Datos Personales en Posesión de Sujetos Obligados . Excerpt translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 15 Aug. 2019]

Mexico. N.d. "Plataforma Nacional de Transparencia ." [Accessed 15 Aug. 2019]

United Nations (UN). 10 July 2019. UN High Commissioner for Refugees (UNHCR). Telephone interview with a representative of the Mexico office.

Additional Sources Consulted

Oral sources:4 lawyers in Mexico City; Mexico – Instituto Nacional de Migración .

Internet sites, including:ecoi.net; International Organization for Migration; Mexico – Comisión Mexicana de Ayuda a Refugiados, Instituto Nacional de Migración, Procuraduría Federal del Consumidor ; Mexico City – Congreso de la Ciudad de México, Secretaría de la Contraloría General, Trámites ; UN – Refworld.