Asylum

As a general matter, the Organic Law on Refugees and Asylees incorporates the principles established in the Constitution and in international instruments on asylum and refugee protection to provide a series of basic safeguards that, when applied, would allow applicants to avail themselves of the protection of the Venezuelan State and, in the best of cases, to remain in the national territory for an indefinite period. However, the current legal framework is limited to addressing the most basic aspects of both protection regimes, without further developing the applicable mechanisms and procedures, or the rights to which refugees and asylees may have access.

At the same time, although the law provides more detailed regulation of the mechanisms applicable to applicants for refugee status, asylum-seekers are placed in a secondary position, and the protections available to them are more limited.

In sum, there is a legal basis capable of addressing generic situations and providing protection in a relatively straightforward and fair manner; however, it is recommended that it be reviewed, updated, and further developed in order to expand the scope of protection, the mechanisms applicable in each case, both at first instance and on appeal, and the assistance that national authorities may provide to applicants for refugee and asylum status.