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The Supreme Court ordered to allow the entry into the country of six Haitian citizens held at the Santiago Airport, in order to can follow the process of regularizing their migratory situations.
The highest court made the decision following host an amparo appeal once morest the Immigration and Immigration Department and the Investigative Police.
The legal action was presented by the lawyer Paola Velasco before the arrest of Vianete Mithyl, a 32-year-old woman who lives with her Haitian partner in Chile Y traveled to your country for personal reasons, before the COVID-19 pandemic.
According to the legal text, Mithyl was only able to return until December 27, 2021 due to the closure of borders due to the health crisis. However, PDI officials they did not allow her to enter, “threatening to deport her and not giving her time to defend herself.”
The case presented in favor of Perceles Buteau, Paul Olriche, Gede Marckenson, Jean Miguel Merilan, Dorlus Claudette and Louis Jean Robert was added to this situation. all Haitian citizens who were denied entry into the country.
“The protected sought protection in this country, where they have family roots, in addition to other links and legitimate economic interests; they have previously resided in the national territory and had residence permits that allowed them to live here”, indicates the document, detailing that the plaintiffs are in a similar situation to Mithyl.
In its resolution, the Supreme Court pointed to the contingency of covid-19, indicating that “upholding the decree of expulsion from the national territory of a foreign citizen under such circumstances, would necessarily imply an affectation of their physical and mental integrity and personal security.”
Furthermore, the instance referred to the definition of “refugee” in the Cartagena Declaration of 1984, which includes “people who have fled their countries because their life, security or freedom have been threatened by generalized violence, foreign aggression, internal conflicts, the massive violation of Human Rights or other circumstances that have seriously disturbed public order, which is later included in the Declaration of San José of 1994″.
Thus, he warned thatIt lacks factual and legal importance if the entry into the national territory has been carried out by the protected persons on a regular or irregular basis., reasoning and taking into account that the departure from the country of origin or the place where they had residence has been urgent and precarious and sometimes the foreigner had necessarily to enter the country irregularly”.
Failure was taken unanimously by the Second Chamber, made up of ministers Jorge Dahm, Raúl Mera, Miguel Vázquez and lawyers (i) Leonor Etcheberry and Pía Tavolari.