What would happen if our refugee request is denied?

Photo: from the Facebook page of journalist Mario Vallejo

By Osmel Almaguer

HAVANA TIMES – A former colleague from Diario de Cuba recently asked me several questions for a report on the legal situation of Cubans who have emigrated to Brazil in recent years.

She inquired about the process of leaving Cuba, my motivations, and the obstacles we faced in doing so. She also asked about the details of our journey and the subsequent process of integration.

It is worth clarifying, for those who do not regularly read my diaries, that I arrived in this country three and a half years ago with my wife and daughter, and since then we have remained here under a political asylum application protocol.

That process grants us the basic rights needed to live a nearly normal life in this country, working, renting a home, and so on, but it is not political asylum itself, nor is it temporary or permanent residency.

The interview with my former colleague was going smoothly until she asked whether I knew what would happen to us if our asylum request were denied. I admitted that it was not something we had thought much about, although since that day I have not stopped thinking about it.

We know that very few cases are approved each year, which shows that it is quite a rigorous process. While most Cubans who have arrived in this country have done so to escape poverty, my case is reinforced by evidence and accounts of police repression due to my political views.

I did some research on the possibility of denial and found that I would have 15 business days to file an appeal with the Ministry of Justice and Public Security after being notified.

During the review of that appeal, we would be allowed to remain in the country legally. If the appeal were also denied, there would still be the possibility of changing the basis for my residency application. The law also provides options such as employment contracts, studies, or family reunification.

Although many Cubans resolve their situation by having a child in Brazil or marrying a Brazilian citizen, neither of those paths is viable for us.

Brazilian law does not harm us, but neither does it benefit us very much. Rather, it turns a blind eye, keeping us in a migratory limbo where our labor is welcomed and utilized, but without any real commitment being made to us.

Read more of Osmel Almaguer’s diary here at Havana Times.