Date of publication:
09/24/2026
Costa Rica
Do domestic laws and policies provide for the return of individuals determined not to be in need of international protection?
Assessment by population
Analysis
Yes. Costa Rican legislation provides for the return, deportation, or expulsion of foreign nationals who are not determined to be in need of international protection, while incorporating safeguards derived from refugee law and international human rights obligations.
Under the Ley General de Migración y ExtranjerÃa is empowered to order the deportation of foreign nationals and execute expulsion orders. In addition, the Professional Migration Police is responsible for carrying out rejections at the border, deportations, and expulsions in accordance with the procedures established by law.
At the same time, the law incorporates the principle of non-refoulement. Article 115 expressly prohibits the deportation of refugees and asylum-seekers to their country of origin when they are outside their country due to a well-founded fear of persecution based on race, religion, nationality, gender, membership of a particular social group, or political opinion, and are unable or unwilling to avail themselves of that country's protection.
Furthermore, Article 116 establishes that the submission of an asylum application has a suspensive effect on extradition proceedings until a final decision has been issued. Recognition of refugee or asylum status results in the termination of extradition proceedings initiated by the country from which protection is sought, when based on the same facts that gave rise to the grant of protection.
Costa Rica is also a State Party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). Pursuant to Article 3 of the Convention, no person may be expelled, returned, or extradited to another State where there are substantial grounds for believing that they would be in danger of being subjected to torture. In assessing such risk, the competent authorities must take into account all relevant considerations, including the existence of a consistent pattern of gross, flagrant, or mass violations of human rights in the country concerned.
Therefore, while domestic law provides for the removal of individuals who are not recognized as being in need of international protection, such measures are subject to refugee protection safeguards and Costa Rica's international non-refoulement obligations, including those arising under the Convention against Torture.