Seeking asylum is an act of hope and courage. If you are in Cuba and fear returning to your country of origin because of persecution, this section is designed to help you understand your rights and the application process.
Remember: both the application and the appointment are free of charge. At no time should you be asked to pay for the asylum form, its processing, or to schedule an appointment. If someone asks you for a payment, do not agree and report the incident to UNHCR immediately.
Who is an asylum seeker and who is a refugee?
An asylum seeker is a person who has left their country and requested international protection in another country but has not yet received an official decision on their claim. This person seeks recognition as a refugee due to fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
A refugee is someone who has been officially recognized as such by a government or by UNHCR. This means they cannot return to their country of origin because their life, freedom, or safety would be at risk.
How to apply for asylum?
Refugee status determination is a legal process with several steps:
- Contact UNHCR in Cuba: You can reach the UNHCR office in Havana for guidance and assistance. UNHCR will assess your case, explain the process, answer your questions, and provide the application form.
- Submit your application: If you decide to proceed, complete the form with your personal information, details about leaving your country of origin and arrival in Cuba, and reasons preventing your return. Attach all available documents proving your identity, entry to Cuba, and grounds for your claim. At this point, UNHCR registers you as an asylum seeker.
- Attend an interview: Each adult completes their own form and attends an individual interview. Adolescents and children may be called if deemed necessary.
You have the right to withdraw your application at any time by submitting a written notification to UNHCR indicating your intention.
UNHCR assesses every international protection claim on equal grounds, based exclusively on the merits of each case.
All applications are handled under principles of impartiality and confidentiality: nothing you share with UNHCR, including with diplomatic or consular representations of your country of citizenship or habitual residence, will be disclosed without your explicit consent.
You have the right to be interviewed in a language you understand; however, professional interpreters for some languages are not available in Cuba. You may choose to be interviewed by a male or female interviewer, and UNHCR will try to accommodate your preference when possible.
What happens after applying for asylum?
After submitting your application, the refugee status determination process continues as follows:
- Legal assessment: A legal report is prepared and the relevant documentation is sent to the decision-making officers.
- Decision: Authorities make a determination to accept or reject the application.
- Written notification: The applicant is informed in writing of the decision, in accordance with international standards.
Upon UNHCR’s recognition of your refugee status, this status may be extended to family members who accompanied you during the process; both you and they will receive a certificate confirming your status, although it does not constitute an official identity document.
Once a person is recognized as a refugee by UNHCR, Cuban authorities do not permit temporary travel to other countries; they only allow permanent departure from Cuba back to the point of embarkation prior to arrival in the country, unless UNHCR certifies that the person has a durable solution in a third country.
Renunciation: If at any time after your recognition as a refugee you wish to renounce this status, you have the right to do so. You must submit a written notification to UNHCR expressing your intention.
What to do in case of a negative decision?
If your application is denied, you have the right to appeal within established deadlines. UNHCR Cuba will guide you through the appeal procedures. The final decision after appeal is definitive. If the negative decision is maintained, you must regularize your migration status with Cuban authorities.
Migration status in Cuba during the asylum process
In Cuba, submitting an asylum application to UNHCR, or even being recognized as a refugee, does not automatically change the applicant’s migration status. Cuban authorities are not obliged to grant a legal migration status solely on the basis of having applied for international protection.
Individuals who already hold temporary or permanent residence in Cuba may retain it, if the migration authorities allow it.
Those entering the country with a tourist visa are permitted to remain for 30 days, with the possibility of extending their stay for an additional 30 days through a formal request and payment of a fee.
This extension may be arranged directly by the individual or, if preferred, UNHCR can process it on their behalf at no cost. However, if during this period the individual decides to continue traveling to another country, Cuban authorities will not authorize it. Persons who have applied to UNHCR are only permitted to return to the country from which they embarked to Cuba, not to a third country.
When an asylum application is submitted after the tourist visa has expired, or very close to its expiry, UNHCR undertakes the necessary steps to allow the person to remain in the country while their case is under review. Nonetheless, under Cuban migration law, this may be considered an overstay, which could lead the authorities to deny permission to remain in the country.