The Cuban state is not a signatory to the 1951 Convention relating to the status of Refugees or its 1967 Protocol. Moreover, Cuba has not signed the 1954 or the 1961 Convention relating to the Status of Stateless Persons. 

However, Cuba has signed or ratified several regional asylum instruments, including:

• The 1928 Havana Convention on Asylum established the principle of granting asylum to politically persecuted individuals within diplomatic missions.
• The 1933 Montevideo Convention on Political Asylum providing guidelines for political asylum, particularly regarding protection from extradition and persecution.
• The 1954 Caracas Convention on Territorial Asylum defining the conditions under which diplomatic asylum can be granted in embassies or legations.
• The 2004 Mexico Declaration and Plan of Action aimed at strengthening refugee protection in Latin America.

Despite not being a party to key international refugee protection instruments, Cuba is bound by the international customary legal principle of non-refoulement, which prohibits any country from deporting any person to a country where they face the threat of persecution. Cuba is also party to the UN Convention Against Torture, which reinforces this obligation. 

According to UNHCR, the Cuban authorities generally observe non-refoulement in practice and offer de facto temporary protection to refugees under UNHCR’s mandate. Cuba also ratified the Global Compact for Safe, Orderly and Regular Migration (2018), though this agreement is not legally binding.

Cuba does not have a national asylum law or an official Refugee Status Determination (RSD) system. Instead, individuals seeking international protection must apply through the UNHCR in Cuba, which conducts RSD under its mandate.

Despite having no national asylum system in force, Cuba has adopted national rules concerning refugee protection, including:

• The Cuban Constitution (2019), which provides that the Republic of Cuba may grant asylum, in accordance with the law, to persons persecuted for their ideals, national-liberation struggles, progressive activities, socialism, peace, democratic rights, anti-imperialist struggle, or opposition to fascism, colonialism, neocolonialism, domination, discrimination, and racism  (Article 17). This provides for a discretionary State prerogative rather than an individual right.
• The Regulations of the Migration Law (Decreto No.26, Reglamento de la Ley de Migración, de 19 de Julio de 1978) which provide that  temporary resident status in Cuba may be granted to “political asylees and refugees” (Article 80). Still, Cuba  has not established a domestic legal procedure to adjudicate refugee claims. 
• On 5 May 2026, Cuba published the new immigration (Ley de Migración) and foreign nationals (Ley de Extranjeria) legislation, alongside its implementing decrees. The new immigration law introduces a formal immigration classification of “humanitarian resident” (residente humanitario), which applies to foreigners in Cuba who are being supported by UNHCR, persons whom the migration authority considers ‘vulnerable’ and persons placed under temporary protection for humanitarian reasons (Article 45). Under this framework, provisional and humanitarian residents are treated similarly to permanent residents for access to healthcare, employment, social security, education, justice and family reunification, subject to the conditions and implementing rules applicable to each case (Article 60). The law also empowers the Directorate of Identification, Migration, Foreigners and Citizenship within the Ministry of the Interior to approve or cancel residence classifications and to issue identification documents to persons admitted as asylum beneficiaries, stateless persons or persons under temporary humanitarian protection. The law is expected to enter into force in November 2026.