Chile's Supreme Court Denies Humanitarian Residency Request from Cuban National

Chile's Supreme Court has overturned a previous favorable ruling by the Iquique Court of Appeals, upholding the migration authorities' decision to deny a temporary extraordinary residency request by a Cuban citizen. The court determined that the individual's case did not meet the exceptional criteria outlined in the country's legislation.

This ruling nullifies the earlier order that required the Undersecretary of the Interior to issue a new statement. The decision confirms that the authority acted within the legal boundaries provided by the Migration and Foreigners Law, as reported by Diario Constitucional.

The Cuban national had attempted to invoke a special procedure under Article 155, number 9, of Law No. 21.325, which allows for temporary residency permits to be granted in qualified cases or for humanitarian reasons.

However, the Undersecretary of the Interior denied the request, concluding that the evidence presented did not substantiate any such circumstances. Following this, both the Undersecretary and the National Migration Service appealed to the Supreme Court to contest the Iquique Court of Appeals' decision, which had found the administrative refusal lacking in sufficient justification and had ordered the case to be reviewed again.

In the ruling, identified as Rol No. 21.720-2026, the Supreme Court concluded that the administrative decision was indeed well-reasoned, as it cited applicable regulations and explained why the petitioner's situation did not constitute an exceptional or humanitarian case.

The court emphasized that "the authority granted to the Undersecretary of the Interior is exceptional, non-delegable, and predominantly discretionary," and that its exercise is solely the responsibility of the authority within the framework established by legislation and the nation's migration policy.

Additionally, the court clarified that the protection appeal "is not intended to review the timing, merit, or convenience of an administrative decision, but solely its legality." Therefore, the courts cannot replace the administration's technical judgment when the decision is properly substantiated.

This decision contrasts with a precedent set in July 2023, when the Supreme Court's Second Chamber upheld an appeal by two Cuban citizens in Valparaíso, granting them a 60-day period to correct required documentation. In that instance, the court found the Undersecretary of the Interior's actions to be arbitrary due to a lack of justification, a circumstance deemed absent in the current case.

Beyond the specific situation of the applicant, the ruling reinforces the principle that courts can oversee the legality of migration decisions but cannot substitute the authority's judgment when it is exercised within legal discretion and adequately justified.

The ruling also holds significance for the Cuban community residing in Chile. According to data from the National Migration Service and the National Institute of Statistics, the country is home to over 21,300 Cuban citizens, with a significant presence in the Tarapacá region, where this case originated. Between 2014 and 2024, Chilean authorities granted 19,265 temporary residencies to Cuban nationals, amid a gradual tightening of migration policies.

With this decision, the Supreme Court strengthens the administrative authority's discretion in granting extraordinary residencies and limits judicial intervention to cases where there is clear evidence of arbitrariness or a blatant violation of the law.