c) The decisions adopted by the competent organs must be duly and expressly founded;225
d) In order to protect the rights of applicants who may be in danger, all stages of the
asylum procedure must respect the protection of the applicant’s personal information and
the application, and the principle of confidentiality;226
e) If the applicant is denied refugee status, he should be provided with information on how
to file an appeal under the prevailing system and granted a reasonable period for this, so
that the decision adopted can be formally adopted, 227 and
f) The appeal for review must have suspensive effects and must allow the applicant to
remain in the country until the competent authority has adopted the required decision,
and even while the decision is being appealed, unless it can be shown that the request is
manifestly unfounded.228
160. In addition, regardless of a possible review, in the context of the right to judicial
protection recognized in Article 25 of the American Convention, and according to regulations
included in the laws of each State, certain judicial actions or remedies may exist, for example,
amparo or habeas corpus, that are rapid, adequate and effective to question the possible
violation of the rights recognized in Article 22(7) and 22(8) of the Convention, or in the
Constitution and laws of each State. Moreover, such remedies may, in certain circumstances, be
effective to partially or totally remedy the situation that violates such rights and, perhaps, to
allow a reassessment of the administrative procedures, and this will have to be evaluated in
each case.
B.3.
Legal classification of the facts of this case
migrant should prevail, in keeping with the pro persona principle.” Expert opinion provided on March 12, 2013, by Pablo
Ceriani (evidence file, folios 1275 and 1276).
224
Cf. United Nations High Commissioner for Refugees, Fair and Efficient Asylum Procedures: A Non-Exhaustive
Overview of Applicable International Standards, 2 September 2005, para. 4, and Handbook on Procedures and Criteria
for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, reedition, Geneva, December 2011, paras. 196 to 199 and 205.b.i.
225
Cf., mutatis mutandi, Case of Chocrón Chocrón v. Venezuela, para. 118, and Case of López Mendoza v.
Venezuela, Para. 141. See also: Handbook on Procedures and Criteria for Determining Refugee Status under the 1951
Convention and the 1967 Protocol relating to the Status of Refugees, re-edition, Geneva, December 2011, paras. 29,
203 and 204; United Nations High Commissioner for Refugees, Improving asylum procedures: Comparative Analysis and
Recommendations for Law and Practice – main conclusions and recommendations. A UNHCR research project on the
application of key provisions of the Asylum Procedures Directive in selected Member States, March 2010, p. 18, para.
30; and United Nations High Commissioner for Refugees, Fair and Efficient Asylum Procedures: A Non-Exhaustive
Overview of Applicable International Standards, 2 September 2005, paras. 8 and 9
226
Cf., UNHCR. Asylum Processes (Fair and efficient asylum procedures). Global consultations on international
protection. EC/GC/01/12. 31 May 2001, para. 50.M. See also, Guidelines on international protection No. 5: Application
of the Exclusion Clauses: Article 1F of the 1951 Convention relating to the Status of Refugees, para. 5.
227
Cf. Case of Vélez Loor v. Panama, para. 179, and Case of Mohamed v. Argentina. Preliminary objection, merits,
reparations and costs. Judgment of November 23, 2012 Series C No. 255, para. 98. See also: Executive Committee of
the United Nations High Commissioner for Refugees, Determination of Refugee Status, No. 8 (XXVIII) (1977), para. e.vi:
“If the applicant is not recognized, he should be given a reasonable time to appeal for a formal reconsideration of the
decision, either to the same or to a different authority, whether administrative or judicial, according to the prevailing
system.” Similarly: United Nations High Commissioner for Refugees, Improving asylum procedures: Comparative
Analysis and Recommendations for Law and Practice – main conclusions and recommendations. A UNHCR research
project on the application of key provisions of the Asylum Procedures Directive in selected Member States, March 2010,
p. 89.
228
Cf. Executive Committee of the United Nations High Commissioner for Refugees, Determination of Refugee
Status, No. 8 (XXVIII) (1977), para. e.vii.
54
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