With the new rules, travelers from countries without a visa waiver agreement will have greater restrictions on entering the country.
Starting this Monday (August 26, 2024), immigrants who disembark in Brazil with the intention of continuing their journey to another country and who do not have an entry visa for Brazilian territory will have to continue their journey to their destinations or return to their countries of origin immediately.
The measure is part of the new rules for welcoming immigrants that MJSP (Ministry of Justice and Public Security) announced on Wednesday (August 21) and that they came into effect on Monday (August 26). The rules apply only to foreign travelers coming from countries whose citizens Brazil requires an entry visa for.
A visa for foreigners is an official document issued by Brazilian consulates abroad. It allows citizens of other countries to enter and temporarily remain in Brazil, provided that the legal requirements are met.
Brazil adopts a visa policy based on the principle of reciprocity. In other words, it requires an entry visa for people coming from countries that do the same for Brazilians. Brazil has bilateral agreements with around 90 nations, reciprocally abolishing the visa requirement.
Transit
In force since 2017, the Migration Law (13,445) defines 5 different types of visa, they are:
- visit;
- temporary;
- diplomatic:
- official; and
- courtesy.
The rule also establishes that a visitor visa will not be required for foreigners whose flights connect or stop in Brazilian territory, as long as the traveler does not leave the international transit area.
According to the MJSP, the exemption from visa requirements for connecting flights or stopovers sought to reduce bureaucratic procedures and speed up the flow of passengers on international trips. However, it ended up facilitating the actions of criminal organizations involved in human trafficking and immigrant smuggling, leading to an increase in irregular migration flows.
In July of this year, after investigations, the PF (Federal Police) concluded that immigrants without proper documentation are being lured by criminal groups. Most come from Asian countries and want to reach the United States and Canada.
Investigations indicated that travelers were advised to purchase tickets for flights to other South American destinations with a connection or stopover in Brazil while still in their own countries. Instead of applying for an entry visa in advance, they were advised to wait until they arrived in Brazil to request asylum, thus giving up on continuing their journey.
Many even discarded their original boarding passes. Under the rules in force at the time, they were then allowed to remain in the international transit area of the airport, awaiting a response to their asylum applications.
The most targeted airport is Guarulhos, in the metropolitan region of São Paulo.
As of Wednesday (August 21), there were 481 passengers in transit in the restricted area of Guarulhos International Airport. According to the Federal Police, requests for refuge jumped from 69 in 2013 to 4,239 in 2023. Most of the applicants, however, left Brazil shortly afterwards, before even receiving a response to their requests.
“Since the beginning of 2023, citizens of various nationalities have been passing through Guarulhos airport in transit and failing to go to the final destinations for which they purchased airline tickets, alleging different reasons for seeking refuge in Brazil”stated federal delegate Marinho da Silva Rezende Júnior, general coordinator of the PF’s Migration Police, in a letter sent to the Ministry of Justice shortly before the federal government announced the new rules.
According to the ministry, the new rules do not represent a change in Brazilian policy on granting refuge. “This is a very specific situation, identified by the Federal Police. The objective is to maintain fair, orderly and safe migration.”the ministry said.
Concern
In a note, the Peace Missiona philanthropic institution that has offered support and shelter to immigrants and refugees since 1939, expressed concern about the change in the rules for requesting asylum.
“So far, it is not possible to clearly understand how these new rules will be applied without violating the right to access the asylum application. This right is guaranteed by international treaties to which Brazil is a signatory and by national legislation achieved based on broad social debate.”he said. He argued that the Brazilian State should avoid criminalizing those who come to the country seeking protection.
“It is essential that the Brazilian state face this reality without criminalizing people for the act of migrating and without violating or backtracking on consolidated guarantees. We emphasize that any measure taken must be subject to social control and transparency in the processes so that serious human rights violations are not committed by the state.”declared the Peace Mission.
THE Adus Institutewhich has been promoting the integration of refugees and migrants into Brazilian society since October 2010, also expressed concern about the federal government’s decision to bar the entry of foreigners without a visa.
“Although we respect Brazil’s sovereignty and the right to regulate its borders, we emphasize that this measure goes against the principle of international protection of refugees, guaranteed by Refugee Lawand to the international treaties that Brazil has ratified”he said, citing the 1951 Geneva Convention.
“The decision to bar the entry of visa-free migrants violates the principles of non-refoulement and humanitarian reception, in addition to interfering with the jurisdiction of the Conare (National Committee for Refugees) to deliberate on the recognition of refugee status”said Adus. He also stated that the Migration Law defines that, regardless of the form of entry into national territory, the migrant or refugee is guaranteed the right to migratory regularization.
“We recognize that the arrival of migrants in large numbers presents logistical and administrative challenges, especially in a context where there is a lack of clear guidelines on how to welcome and integrate them. However, it is essential that decisions are made in accordance with Brazil’s legal and humanitarian obligations. Closing borders to visa-free migrants could effectively prevent asylum seekers in vulnerable situations seeking refuge in our country due to conflict, persecution or other situations that threaten their lives and dignity.””, the institute stated.
With information from Brazil Agency.
#Brazils #migration #policy #effect #Monday