citizenship applications.” 60 On May 31, 2011, the extraordinary appeal contesting the Court’s
decision was declared inadmissible. 61
D. Revocation of Resolution 1088 on June 1, 2020
45.
On June 1, 2020, the National Immigration Department, “in response to the
conclusions reached by the Inter-American Commission on Human Rights [through Report No.
140/19 of September 28, 2019]” deemed it appropriate to revoke Resolution 1088 of May 11,
1992. In the preamble to its decision, the National Immigration Department maintained that
the Inter-American Commission had concluded that the Argentine State was responsible for
the violation of the rights of children, nationality, freedom of movement and residence, and
judicial protection, established in the American Convention, and had recommended that the
State “[…] 2. Revoke Resolution No. 1088 of the National Population and Immigration
Department that revoked the residence status of the victims […].” 62
E. The relevant regulatory framework at the time of the events
46.
With respect to naturalization, Article 20 of the Argentine Constitution, applicable at
the time of the events, provided that:
Within the territory of the Nation, foreigners enjoy all the civil rights of a citizen;
they may engage in their business, trade or profession; own, purchase or transfer
real property; navigate the rivers and coasts; freely practice their religion; [and]
make wills and marry in accordance with the laws. They are not obligated to assume
citizenship, or to pay extraordinary compulsory taxes. They may obtain
naturalization by residing in the Nation for two years continuously, but the
authorities may shorten this term in favor of anyone who requests it if they affirm
and can prove they are providing services to the Republic. 63
47.
Article 3 of Regulatory Decree 3213 of 1984, regarding nationality and citizenship,
established that:
The foreigners described in Article 2, Paragraph 1 of Law No. 346, when applying
for naturalization, must meet the following conditions: a) be over eighteen (18)
years of age; b) have resided in the Republic continuously for two (2) years; and c)
declare before federal judges that they wish to do so. Foreigners whose situation is
as follows may also obtain naturalization regardless of the length of time they have
resided in the country: […] c) they have established a new business in the country,
introduced a useful invention, or performed an action of some other kind that
represents a moral or material advance for the Republic […]. 64
48.
Regarding the procedure for obtaining nationality, Regulatory Decree 3213 of 1984
established that:
Cf. Division II of the National Federal Criminal and Correctional Appeals Court, judgment of May 18, 2010
(evidence file, folios 1095 to 1157).
60
Cf. Division II of the National Federal Criminal and Correctional Appeals Court, decision of May 31, 2011
(evidence file, folio 173).
61
62
Cf. National Immigration Department, Decision DI-2020-2347-APN-DNM#MI of June 1, 2020 revoking
Resolution No. 1088 (evidence file, folios 1578 to 1581).
63
64
Constitution of the Argentine Nation of May 1, 1853, Article 20.
Enabling Regulations of Law No. 23,059, Regulatory Decree 3213 of 1984, Article 3.
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