Refugee and asylum status in Peru: the differences and how to apply

Refugee status and asylum: two different things

In everyday language, people often use “refugee” and “asylum” interchangeably, but in Peru — and in international and Latin American law generally — these are two distinct legal mechanisms.

Refugee status protects someone with a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, or who is fleeing generalized violence, foreign aggression, internal conflict, or massive human rights violations in their country of origin. This mechanism is anchored in the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol (both ratified by Peru), and the 1984 Cartagena Declaration, and domestically rests on Ley N° 27891, the Refugee Law, recently amended by Decreto Legislativo N° 1719 (whose implementing regulation, at the time of this research, was still pending).

Political asylum, by contrast, is a legal tradition specific to Latin America, designed specifically for people persecuted for political reasons, and historically exercised both diplomatically (inside an embassy) and territorially (once the person is already in the country granting protection). It too is handled within the Ministry of Foreign Affairs, but through a different track than refugee status determination.

Who handles each application

Since Decreto Legislativo N° 1719 (Article 13.2), the application for recognition of refugee status is filed in person at MIGRACIONES, not directly with CEPR. The body that evaluates and decides the case (Article 13.1) is the Comisión Especial para los Refugiados (CEPR), which operates within the Ministry of Foreign Affairs. Once your application is filed, CEPR remains your contact to update your information and follow up on your file.

If your situation is more accurately described as specific political persecution and you are seeking political asylum (not refugee status), the process is also handled within the Ministry of Foreign Affairs, but follows a different diplomatic/territorial track with its own rules and criteria.

What happens while your application is pending

According to information published by UNHCR (the UN refugee agency), applicants are issued a document or refugee applicant card that, in practice, has been linked to the ability to remain in the country and access a work permit while the case is resolved. In 2026, CEPR required people who already had pending applications to update their contact information within a specific deadline, warning that failing to do so could annul the application and invalidate that card and its associated work permit.

We did not find, on a directly verifiable official Peruvian source, a fixed and guaranteed legal deadline for resolving a refugee application. In practice, this type of process can take a considerable amount of time, so it is important to keep your contact information current and actively follow up on your file.

If your application is denied

A denial of refugee status does not automatically mean deportation. However, if you lose the migratory status that supported your legal stay, it is important to understand how that outcome connects to the general rules on cancellation of migratory status and expulsion in Peru, and to your general rights as a foreigner in the country, described in rights of foreigners in Peru.

Practical recommendations

• Keep copies of everything you submit to CEPR and of any card or document you receive.
• Update your phone number, email, and address immediately if CEPR requests it, and do so within the stated deadline.
• If you are unsure whether your case fits refugee status or political asylum, consult directly with CEPR or a specialized organization such as UNHCR before filing.
• Seek help from a humanitarian organization or Peru’s Ombudsman’s Office (Defensoría del Pueblo) if you cannot afford a private lawyer.