FMR 65 pandemic. COVID-19 the by exacerbated are that –difficulties manner atimely in and adequately to respond capacity government’s the exceeded has This Peru. neighbouring in asylum for applications in increase asignificant generated has Venezuela in crisis continuing The immigration status. This permit offered a offered permit This status. immigration their regularise to allowed were Venezuelans of PTP), thousands Temporal de Permanencia, (Permiso Permit Temporary Residency the 2018 in of stay. introduction and the With entry legal facilitate to policies implemented that States few of the one was Peru crisis, migration Venezuelan of the beginning At the Venezuelan and crisis COVID-19 Asylum under in pressure Peru: the impact of the ordeploy technology staffing increase dramatically to resources may have not the that States to even accessible is that manner so, It moreover, a does in of challenges. types certain a for offer model itaddressing does processingrequired in asylum applications, is adaptability which in situations all to speak necessarily not does solution this While measures. of emergency relaxation eventual the upon system pre-existing the to back transition seamless permit to promising while established, be to had rights and definitions new which to extent the reducing of advantage the had This population. seeking asylum- the of cross-section a broader benefit to systems leveraged existing Order the structure, or parallel status anew create than Reinforcing the asylum procedure: of status. terms made in were distinctions further group, the no to date define cut-off of the application Beyond the circumstances. unusual the given impossible ultimately and impractical was processing individual which in asituation to response immediate and for aflexible allowing thereby persons, situated similarly group of identified an of basis the on designed were Order of the approach: Group Paula CaminoandUberLópezMontreuil November 2020 The activation and scope scope and activation The Recognising refugees Rather Rather Angela Moore or statuses. development procedures of new the requiring than rather system, asylum existing the within found be can solutions that demonstrates model Portuguese the Finally, of cases. processing facilitate to general feeling of solidarity with Venezuelans Venezuelans with of solidarity feeling general the Peru, in experienced being problems 34,167 structural the 2017 in with –and 2019, 2018 in 192,000 and with compared lodgedin claims –482,571 asylum arrivals process. migration legal the streamline to helped and of protection form complementary represent thoseofUNHCR. ownare theauthors’ anddonot necessarily Theviews expressed thisarticle. here drafting SEF,Refugees Department, in for theirsupport HeadofAsylumand and MarinaPortugal, RefugeePresident ofthePortuguese Council, MónicaFarinha, Jesuit Refugee Service-Portugal, Filipe Doutel, Advocacy andLegalOfficerofthe wouldThe authors like to thankinparticular UNHCR www.unhcr.org Protection Head ofRSDSection,DivisionInternational Periklis Kortsaris Senior Protection Officer, Afghanistan days. OrderNo.25360/2001(2ndseries). local authorities)thattheyhave beenpresentintheareafor90 services iftheycanprove (withdocumentationissuedbytheir irregularly presentinthecountrymayaccessnationalhealth 4. Itshouldbenoted,however, thatnon-citizenswhoare April 2020bit.ly/Portugal-grants-asylum-rights-2April2020 Seekers FullCitizenshipRightsDuringCOVID-19Outbreak’,2 3. Schengenvisainfonews‘Portugal GrantsMigrantsand Asylum 2. OrderNo3683-B/2020,27March2020bit.ly/2UtBPxB www.unhcr.org/5c658aed4.pdf 1. GlobalCompactonRefugees,para62 However, with the rapid increase in in rapidHowever, increase the with www.fmreview.org/recognising-refugees [email protected] [email protected]

53 54 files are then sent via WhatsApp via sent then are files border. at Their the by CEPR personnel interviewed are applicants submitted, been has asylum for request the once officials, Peruvian to Ecuador. According with at Peru’s border undertaken pre-screening the is of these One migrants. Venezuelan of entry the at limiting aimed established, have been criteria and stages more enter to However,Peru. sufficient initially for asylum. request of the or rejection approval CEPR); then Refugiados, and los para Especial (Comisión for Refugees Commission Special government’s the by evaluation interview; an for asylum; application of an presentation comprises days. 60 This just take should which process, for arapid– provides recognition Law –LawPeru’s 27891 Refugee General Difficulties intheRSDprocedure put in”. they than more much “take migrants that believe of Peruvians 64.3% while control, migration stricter support Colombia would and Ecuador Peru, in 70% of people around that found by Oxfam A2019 analysis rejection. to turned soon evaluation takes 30 to 70 days, during 70 to 30 days, during takes evaluation prior This procedure. recognition the continue to country the enter to applicant the allow or to not whether on taken is decision the where Lima, in CEPR office way of entering Peru in a regular manner. manner. aregular in Peru way of entering only the became this refugees for many since for asylum requests in sudden increase a to led barriers These itself. or apassport convictions criminal of any record notarised a as –such conditions current under obtain to difficult are that documents present to applicants it requires since limited, very is visa this to Access visa. humanitarian controlled atightly c)and introducing Peru; entering anyone to for apassport requirement the b)Permits; introducing Temporary Residency issuing to ahalt calling were: adopted a) measures The country. the into entry their curb to designed measures of of aseries implementation the through government by the echoed was population www.fmreview.org/recognising-refugees This growing rejection of the Venezuelan Venezuelan of the rejection growing This Presentation of an asylum claim was was claim asylum of an Presentation 2 to the the to Recognising refugees 1 which which de Refugio), which allows them to work to and them allows de Refugio), which de Solicitante (Carnet card applicant refugee a receive to entitled are applicants procedure, RSD of the part As for survival. services basic to access on impact negative extremely an has hence). years two is, 2021in –that place take to scheduled interviews included mid-2019CEPR employees, in CEPR’s plans anonymous to (according a couple of years up to last may actually period assessment 60-day the CEPR’sand of resources, lack involved numbers of the Because assessment. for long wait afurther face applicants principle. this to contrary is openly it offers, services the to and State the to entry denied is applicant the time which 70 days, during up to takes and standards clear lacks which process, evaluation prior this that us to clear It is procedure. determination the throughout territory the in remain to seekers asylum allow must States No. 8that Conclusion its in established UNHCR lines, same the Along for asylum. request of their analysis adequate without aState from or expelled border at the rejected be cannot seeker asylum an whereby of non-refoulement principle international the ignores evaluation prior Furthermore, country. the to or deny entry allow to decision the appeal to no procedure is there since standards, legal international with complies evaluation prior the that no way ensure to is there mechanism, ad hoc an by using of due process; guarantees complymust with procedures immigration all frameworks, legal law. refugee Under both international law and rights human international with incompatible is barrier of bureaucratic type this Creating allowed. is not 48 hours than more – after documentation –without Ecuador to entry re- since Ecuador to return legally to unable cases, most in and, Peru enter to unable state, avulnerable 87% in remaining leaves the This country. the into entry allowed were 2019, December 13% seekers only of asylum and June Between Peru. to migrants of entry Venezuelan the to barrier effective services. basic to access any – without border at wait the must applicant the time The slowdown in the RSD procedure also also procedure RSD slowdown the The in evaluation, prior the passing After an become has procedure RSD The November 2020

FMR 65 FMR 65 either because they have not been able to have been not they because either SISFOH, with registered not are families of refugee majority vast The inspection. ahome through going as well as Card, or Immigration Document Identity National a having requires which process, laborious and economic vulnerability among refugees. among vulnerability economic and insecurity food of eviction, risk increased an reported continually –has Peru Venezuela in from Migrants and for Refugees Platform R4V the Coordination of implementing charge –in GTRM) yMigración, Refugio (Grupo de Trabajo Migration sobre and Working Refuge Group on May the since and needs, basic their meeting in difficulties reported Peru in by UNHCR interviewed COVID-19. 2020, 60% of people of March As by exacerbated dangerously have been services basic accessing in Difficulties The impactofCOVID-19 one. get cannot applicants most Lima, CEPR in with interview official the through going after obtained be only can card However, the since period. interim the in services public access SISFOH. in registered be must afamily payments, payments. support employment-related of accessing possibility the having them without seekers, asylum and for refugees generation income any eliminating meant activities economic of down shutting the practice, in Thus, employment. formal secure to necessary documents identity the access cannot they because precisely contract, employment do have not an applicants of asylum cent per Eighty-eight income. regarding records government particular in registered who are those benefits only second the employed, while formally are people who those benefits only poverty. However, measure first the in living for families payments emergency introduced and contracts, employment and of salaries continuity ensure to measures established government the restrictions, of these impact for the people compensate To country. the in activities economic shut most down government Peruvian the November 2020 Meanwhile, to access emergency emergency access to Meanwhile, To of COVID-19, spread the combat 4 Registration is a bureaucratic and and abureaucratic is Registration Recognising refugees 3 Identity Document in order to access care. care. order access to in Document Identity aNational present patients that required have hospitals However, some that it appears status. or documentation status immigration nationality, of their regardless care medical of COVID-19 to case have access should or aconfirmed symptoms with anyone of cases. majority vast the in impossibility an process inspection house the makes evidently home –which own their had 1% than fewer of migrants showed that monitoring 2020, protection UNHCR March In documentation. necessary do have not the they or because process registration the access million planned. of $5.7 distribution atotal with Peru, in migrants and refugees 53,000 than more to distributed been has million US$2.5 GTRM migrant families. migrant and refugee 5,000 to food distributed had government May by late 2020sector, the private the and UN of the support the With Opportunities forimprovement this possibility. Doing so would speed up would speed so Doing possibility. this 21, have endorsed Opinion Advisory their in Rights, of Human Court Inter-American the and occasions, repeated on UNHCR, Venezuela. Both from seekers for asylum prima or facie group-based apply could government the –if costly ideal – although potentially politically it would be system, asylum country’s the introduced. are measures no ad hoc that and standards, international and regulations Peruvian with complies process RSD the interview. CEPR official the on conditional being than rather country, the enters applicant moment the the provided be should cards applicant Refugee such. as seekers asylum recognise to documentation issuing for mechanism efficient and guarantees. minimum to access ensure not does that system response inefficient and improvised an Peru: in seekers by asylum faced problem systemic do solve not the measures relief term The Peruvian government ordered that that ordered government Peruvian The Thirdly, faced with the pressures on on pressures the with faced Thirdly, that guarantee must State Secondly, the afast in invest to Firstly, needs Peru www.fmreview.org/recognising-refugees 6 5 However, short- these In parallel, through the the through parallel, In recognition recognition 55 56 other vital elements of a strong and just asylum system. asylum just and astrong of elements vital other overensuring sustainability time. Adaptation, however, never must at come the of expense in akey role plays and important is processes its to adapt system asylum an of ability The positive and negative impacts of any change change of any impacts negative and positive the evaluate to place in systems has institution adaptable an sustainable, is adaptation the that To factors. ensure external to reaction in changes ad hoc introducing than rather environments internal and external in changes made adapt to anticipated to are defined. comprehensively and clearly less is ‘adaptability’ (RSD) procedure, determination status refugee optimal an regarding discussions in to referred often are ‘efficient’ and of ‘fair’ concepts the While Asylum Capacity Support Group. Support Capacity Asylum an established subsequently and support” of “area need an in as needs protection international of identification the highlighted 2018The Refugees on Compact Global COVID-19 of time the in adaptability Institutional fairness, efficiency, adaptability and integrity. and efficiency,adaptability fairness, their ensure to systems asylum of national aspects strengthen to is mechanism of this for recognition and for access to their rights. their to for access and for recognition long wait end to Venezuelans’ action effective initiate to but time it is overnight adopted be cannot measures These population. refugee of its record accurate up-to-date, an compile to State for the opportunity an provide also could This assistance. of providing burden the shoulder to NGOs leaving than rather institutions, by public delivered be to payments relief of system aspecific issue to be move would Aconstructive seekers. asylum and refugees include that measures protection establish should State the pandemic, current lack. currently they that services public the and employment able access to would be documentation required the with people process, this During situations. different to relating claims CEPR assessing with society, into of refugees integration the Elise Currie-Roberts andSarah-JaneSavageElise Currie-Roberts www.fmreview.org/recognising-refugees In an adaptable institution, preparations preparations institution, adaptable an In Fourthly, and finally, in the face of the the of face the in finally, Fourthly, and 1 The aim aim The Recognising refugees 2

Teaching Assistant,PUCPLaw School;Associate, [email protected] Uber LópezMontreuil http://facultad.pucp.edu.pe/derecho/en Teaching Assistant,PUCPLaw School fairness, efficiency or integrity of the system. system. the of integrity or efficiency fairness, the enhances change any that ensuring by processes existing to improvements continuous seeks and scenarios) future for planning when innovation in invests (and therefore innovation values that one is institution RSD adaptable an context, RSD the to approach this made. Applying are improvements continuous ensuring while (Spanish only)bit.ly/2Z6pAsv 6. GTRM/R4V(2020)‘RepuestaCOVID-19’ (to26June2020) bit.ly/3jPxUFb afectados porelcoronavirus’ (Spanishonly) se alíanparaayudaralosrefugiadosymigrantesvenezolanos 5. UNInformationCentre–Peru (April2020)‘Perú ylaONU System) 4. SistemadeFocalizaciónHogares(HouseholdTargeting Venezuela bit.ly/3dIFhLS 3. R4VCoordinationPlatformforRefugeesandMigrantsfrom security protocolsinthisprocess. 2. We have beenunabletoaccessinformationregardingdata www.oxfam.org/en/research/yes-not-here Colombia, EcuadorandPeru xenophobia anddiscriminationtowardsVenezuelan migrantsin 1. OxfamInternational(2019)Yes, butnothere: Perceptions of Bullard Falla Ezcurra www.bullardabogados.pe/en/ Paula CaminoMorgado RSD systems have needed to adapt was in in adapt to was have needed systems RSD which COVID-19, in scenario acommon entirely. business or doing stop business way of doing their change choice: stark a make to systems RSD managing with charged authorities the have forced pandemic COVID-19 the to response in health public protect to worldthe have introduced around governments that measures The Pre-pandemic adaptations Prior to recent challenges posed by posed challenges recent to Prior

[email protected] November 2020

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