Tuesday 4 October 2022

Immigration must allow the entry of a Canadian assistant to a young woman with a disability

Costa Rica's Constitutional Court clarified that both people must submit to the corresponding sanitary tests in order to prevent the spread of Covid-19 in the country

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04 October 2022 - At The Banks - BCCR

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Updated. Costa Rica’s Constitutional Court resolved with merit the habeas corpus petition by a young Costa Rican woman, whose caregiver, a Canadian national, was being denied entry into the country due to the restrictive border measures interposed during the national emergency

With the court decision, the Dirección General de Migración y Extranjería (DGME) – immigration service – despite that only Costa Rican citizens and residents are allowed entry, must allow the entry of the Canadian.

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According to the appeal, María del Milagro Gamboa requested that her caregiver – a patient assistant – be allowed to enter the country with her despite the restriction.

María del Milagro Gamboa is stranded in Mexico in the midst of the COVID-19 emergency and her opportunities to return to Costa Rica are limited. She suffers from a strange disease that affects her central nervous system and limits her motor abilities.

As explained by the affected person, who is in Mexico, in order to travel on the plane back to Costa Rica, she requires the assistance of her caregiver, who is also her romantic partner.

This young woman from San Carlos suffers from a strange disease that affects her central nervous system and limits her motor skills.

María had traveled to Mexico to receive special treatment. To return to Costa Rica, she requires assistance to travel, but Costa Rica immigration authorities denied her boyfriend and caregiver a humanitarian visa to authorize his entry into the country.

Last Friday, a group of Costa Ricans stranded in Mexico returned to the country, but this couple could not take the flight.

Within the appeal, the young woman also requested that her assistant be granted a special visa; however, the Constitutional Chamber rejected the request.

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Likewise, Constitutional Court Chief Justice Fernando Castillo was emphatic that to guarantee the entry of the two people, they must undergo testing for the covid-19 virus in addition to complying with the respective health order, the mandatory 14-day quarantine on their arrival.

“It is important to clarify that both people must submit to the sanitary requirements established by the sanitary authorities in order to prevent any spread of Covid-19 in the national territory,” he explained.

Costa Rican immigration and the Ministry of Foreign relations are not commenting on the case publicly.

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