The Court of Rancagua accepted the protective complaint against the PDI for excessive delay in the administrative procedure regarding the self-certification of a foreign citizen who entered Chile secretly.
The actor states that in August 2022, on the occasion of an unauthorized entry into the country, he made a voluntary declaration of clandestine entry through the PDI website “Zero Lines” in order to obtain the delinquent foreigner’s identity card. Despite the fact that after submitting the self-certification he received an email acknowledging receipt, to date he has not been asked to hand over this document, nor has he received an administrative decision ordering his expulsion, which prevents any action in the regulatory process, which is one represents a violation of equality before the law.
The respondent reported that “(…) when examining the platform dependent on the Ministry of the General Secretariat of the Presidency, there is actually a self-certification request for clandestine entry on behalf of the complainant, which will be carried out by the Ministry of Immigration and Migration of San Fernando processed according to the order in which they entered.”
The Court of Rancagua accepted the protective action. It says: “(…) The respondent acknowledges that a voluntary entry declaration was made in August 2022, but does not provide any information about the current status of the processing of this procedure or whether this is the case.” obligation to call the complainant to the relevant police unit to verify and confirm the background information provided, a context in which it is obvious that the respondent has committed an unlawful omission by failing to fulfill his legal obligations under Article 166 et seq has complied with Law 21.325, in particular those provided for in sections 1 and 3, thereby violating the constitutional guarantee of equality before the law, since the absence of a reason justifying this measure results in discriminatory treatment of the complainant. ”
Based on these considerations, the court accepted the claim for protection against PDI only to the extent that it ordered that it must summon the applicant within a period not exceeding 15 days in order to check the background of the voluntary declaration of illegal entry and to confirm when that judgment becomes enforceable.
