Refugees and asylum seekers are protected against refoulement in accordance with the relevant domestic regulations. The Costa Rican Constitution of Costa Rica expressly establishes the prohibition of sending a person to the country where he/she is persecuted according to article 31. 

The Ley General de Migración y Extranjería stipulates in article 115 that refugees and asylum seekers who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, gender, membership of a particular group or political opinion, are outside the country of their nationality and are unable or, owing to such fear, unwilling to avail themselves of the protection of that country, may not be deported to the territory of the country of origin.

Additionally, the Reglamento de Personas Refugiadas (Refugees Regulations), in its article 17 states that no person claiming the status of stateless person or asylum seeker may be rejected at the border and shall be protected by the principle of non-refoulement guaranteed to refugees in accordance with international treaties signed by the country on the subject and the Ley General de Migración y Extranjería (General Law on Migration and Foreigners)

In turn, Article 39 of these same regulations establishes that no refugee or asylum seeker may be expelled or returned to the territory of a country where his or her life, safety or freedom is in danger because of his or her race, religion, nationality, gender, membership in a particular social group or political opinions. The above by virtue of article 31 of the Constitution of Costa Rica, article 33 of the Convention and articles 115 and 116 of the Law.

There is no provision in Costa Rican law that refers abstractly to the protection against the removal of persons to a territory where they are at risk of being subjected to serious human rights violations. In regards to the Convention against Torture, although there is no domestic regulation related to the non-removal of victims of torture, the Mecanismo Nacional de Prevención de la Tortura (National Mechanism for the Prevention of Torture) was created by la Ley de Creación del mecanismo nacional de prevención contra la tortura, y otros tratos o penas crueles, inhumanos o degradantes (Law on the Creation of the National Mechanism for the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) which has jurisdiction and monitors compliance with the obligations in this area.