Legal representation before CONARE, international protection and defense of the rights of refugees and asylum seekers.
Free consultationArgentina has a robust legal framework for the protection of individuals fleeing persecution and violence. Law 26.165 (General Law on Recognition and Protection of Refugees) establishes a comprehensive procedure for determining refugee status, in line with the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol.
CONARE (National Commission for Refugees) is the body responsible for evaluating applications and granting refugee status. Our firm provides specialized legal assistance at every stage of the process, from filing the application to challenging denials and protecting the rights guaranteed by law.
Political asylum is a Latin American legal institution that protects individuals persecuted for their political opinions or activities. Refugee status is a broader concept under international law: it protects those who suffer persecution on grounds of race, religion, nationality, social group or political opinion, as well as those fleeing generalized violence, armed conflict or massive human rights violations. In Argentine practice, most applications are processed under the refugee regime before CONARE.
Schedule a consultationWe represent asylum seekers, recognized refugees and individuals in need of international protection before Argentine authorities and international organizations.
The refugee process in Argentina is governed by Law 26.165 and its regulations, and is conducted before CONARE. The regulations provide for three types of procedure: ordinary (maximum timeframe of 1 year), summary (up to 6 months, for manifestly well-founded or unfounded cases) and exceptional (10 business days, linked to extradition). These are the main steps:
The application may be filed orally or in writing, in person or through a representative, before CONARE, its branch offices or authorized access points. Legal entry into Argentine territory is not required.
Within 10 days of the filing, CONARE must rule on the admissibility of the application or reject it "in limine" for manifest inadmissibility. For applications filed at border crossings, the timeframe is reduced to 72 hours.
Once the application is admitted, a provisional certificate valid for 90 days and automatically renewable is issued. This document authorizes the applicant to remain legally in the country, work, study and access the healthcare system. It is important to note that leaving the country during the process is considered a tacit withdrawal of the application.
The applicant is summoned to a personal interview where they present in detail the grounds for their application. Interviews are conducted by qualified personnel, with the right to an interpreter and free legal assistance from the Public Defender's Office. The interview is confidential.
The Executive Secretariat prepares a technical report within 30 business days of the interview. CONARE evaluates the application considering the applicant's account, the documentation submitted and country-of-origin information, and issues a decision granting or denying refugee status within the timeframes established for each type of procedure.
If the application is denied, the applicant may challenge the decision through a direct judicial appeal before the Federal Chamber, pursuant to Article 50 of Law 26.165. Our team assists clients at every stage of the appeals process.
Our team has represented asylum seekers and refugees from various regions around the world. We have experience with cases involving political persecution, religious persecution, sexual orientation, gender-based violence and armed conflict.
Law 26.165 recognizes as a refugee any person who demonstrates a well-founded fear of persecution on grounds of:
Argentina also adopted the expanded definition from the 1984 Cartagena Declaration, which extends protection to those fleeing generalized violence, foreign aggression, internal conflicts or massive human rights violations.
The principle of non-refoulement prevents Argentina from expelling or returning a person to a country where their life, liberty or physical integrity is at risk.
The application may be filed orally or in writing before CONARE or its authorized access points. The applicant must demonstrate a well-founded fear of persecution on grounds of race, religion, nationality, social group or political opinion. Once admitted, the applicant receives a provisional certificate valid for 90 days (automatically renewable) that allows them to work, study and access public services.
Asylum protects those persecuted for political reasons (regional treaties such as the Caracas Convention). Refugee status is broader: it covers persecution on grounds of race, religion, nationality, social group or political opinion, as well as generalized violence or armed conflict (Law 26.165 and the 1951 Convention).
CONARE (National Commission for Refugees) is the body created by Law 26.165 to evaluate and decide refugee applications. It conducts interviews, assesses evidence and issues decisions. It coordinates with UNHCR.
The right to remain in the country, a provisional certificate valid for 90 days (renewable), the right to work legally, access to public healthcare, education for their children, protection against return to the country of danger (non-refoulement), an interpreter and free legal assistance from the Public Defender's Office.
The denial may be challenged through a direct judicial appeal before the Federal Chamber, pursuant to Article 50 of Law 26.165. This appeal allows for judicial review of CONARE's decision.
The regulations establish timeframes depending on the type of procedure: up to 1 year for the ordinary procedure, up to 6 months for the summary procedure, and 10 business days for the exceptional procedure. Throughout the entire process, the applicant maintains their provisional certificate and all associated rights.
Every situation is unique. Tell us about your case and our team will contact you within the next 24 business hours.
Suipacha 1111, 17th Floor
Buenos Aires, Argentina
consultas@quinternofidanza.com
+54 9 11 2393-0687
Suipacha 1111
17th Floor, Buenos Aires
consultas@quinternofidanza.com
+54 9 11 2393-0687