Refugee Decree 2840, adopted in December 2013 continues to restrict asylum-seekers access to asylum procedures. Migration officers for instance are no longer entrusted to receive asylum applications at local checkpoints. Human rights organizations have argued that various aspects of the Decree violate the 1951 Refugee Convention as well as the American Human Rights Convention. The Government has invited UNHCR to presents its observations on the new legislation and to set up a working group for future revisions. A draft document has been submitted but is still pending a final decision.
Decree 2840 establishes an additional barrier to the effective recognition of refugee status: According the Decree, any alien who is in the country - regardless of immigration status - except for those who are in transit, may at any time request recognition of refugee status. Likewise, asylum-seekers must reaffirm their request for asylum within the first five days after the initial claim. The Refugee Status Advisory Committee will recommend rejection by administrative act if the applicant fails to submit the request under the terms established by the Decree.
According to Decree 834, which regulates immigration and border control, all information on foreign citizens is confidential; therefore UNHCR does not have access to information on foreign nationals facing deportation, nor regular information from Migration Colombia about foreign nationals who entered the country and face deportation.