Asylum and refuge

Submitted in Spanish territory

• Grounds for inadmissibility

  • Applications may be rejected if any of the following conditions are met:
    1. That Spain is not responsible for examining it in accordance with Council Regulation (EC) 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.
    2. That Spain is not responsible for examining it in accordance with the international conventions to which Spain is a party. The decision declaring the inadmissibility of the application shall indicate to the applicant the State responsible for examining it.
    3. That the applicant is recognised as a refugee and has the right to reside or to obtain effective international protection in a third State, in accordance with Article 25(2)(b) and Article 26 of Council Directive 2005/85/EC, provided that he/she is readmitted to that country, that there is no danger to his/her life or freedom, that he/she is not exposed to torture or inhuman or degrading treatment, and that he/she has effective protection against refoulement to the persecuting country, in accordance with the Geneva Convention.
    4. Where the applicant comes from a safe third country, in accordance with Article 27 of Council Directive 2005/85/EC and, where applicable, with the list drawn up by the European Union, provided that the applicant is readmitted to that country and there are links based on which it would be reasonable for the applicant to go to that country.
    5. That the applicant has reiterated an application that has already been rejected in Spain, or has submitted a new application with other personal data, provided that there are no new relevant circumstances with regard to the particular conditions or the situation of the country of origin or regular residence of the person concerned.
    6. Where the applicant is a national of a Member State of the European Union.
  • When the Asylum and Refuge Office, on assessing the content of an asylum application, considers that any of the aforementioned circumstances are clearly present, it shall propose to the Minister of the Interior, through the Director General for Domestic Policy, that the application not be accepted for processing.

• Procedure

  The corresponding reasoned and individualised proposal must be accompanied by a copy of the notification addressed to the representative in Spain of the United Nations High Commissioner for Refugees and a report from said representative, where appropriate, which must be issued within a maximum period of ten days from the day when the communication is received.

  The dismissal decision must be notified within a maximum period of one month from the date of submission of the application. If this period elapses without the decision being notified to the person concerned, the application shall be deemed to have been accepted for processing and the individual shall be granted provisional stay in the Spanish territory, notwithstanding the final ruling on the procedure.

  If, after the application for international protection has been accepted for processing, any of the circumstances that would have justified its dismissal are found to exist, the application shall be rejected.

• Effects of the inadmissibility

  Non-admission shall have the same effects as a rejection of the application.

Submission at border posts

• Grounds for inadmissibility

  • When a foreign national who does not fulfil the necessary requirements to enter the Spanish territory submits an application for international protection at a border post, the application may not be accepted for processing if any of the following situations apply:
    1. That Spain is not responsible for examining it in accordance with Council Regulation (EC) 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.
    2. That Spain is not responsible for examining it in accordance with the international conventions to which Spain is a party. The decision declaring the inadmissibility of the application shall indicate to the applicant the State responsible for examining it.
    3. That the applicant is recognised as a refugee and has the right to reside or to obtain effective international protection in a third State, in accordance with Article 25(2)(b) and Article 26 of Council Directive 2005/85/EC, provided that he/she is readmitted to that country, that there is no danger to his/her life or freedom, that he/she is not exposed to torture or inhuman or degrading treatment, and that he/she has effective protection against refoulement to the persecuting country, in accordance with the Geneva Convention.
    4. Where the applicant comes from a safe third country, in accordance with Article 27 of Council Directive 2005/85/EC and, where applicable, with the list drawn up by the European Union, provided that the applicant is readmitted to that country and there are links based on which it would be reasonable for the applicant to go to that country.
    5. That the applicant has reiterated an application that has already been rejected in Spain, or has submitted a new application with other personal data, provided that there are no new relevant circumstances with regard to the particular conditions or the situation of the country of origin or regular residence of the person concerned.
    6. Where the applicant is a national of a Member State of the European Union.
  • The application may also be refused in the following cases:
    1. That they exclusively raise issues which do not relate to the examination of the qualification for refugee status or the granting of subsidiary protection.
    2. That the applicant comes from a country of origin considered to be safe and of which he/she is a national or, if he/she is a stateless person, a country in which he/she has regular residence.
    3. That the applicant comes from a country of origin considered to be safe and of which he/she is a national or, if he/she is a stateless person, a country in which he/she has regular residence.
    4. Where the applicant has made inconsistent, contradictory, implausible or insufficient claims, or claims which contradict sufficiently substantiated information concerning his or her country of origin or country of regular residence if he or she is stateless, thereby clearly showing that his or her claim is unfounded as regards the fact that he or she has a well-grounded fear of being persecuted or of suffering serious harm.

• Procedure

  The person concerned shall be notified of the non-admission for processing within a maximum of four days from the submission of the application, and this period shall be extended to a maximum of ten days in cases in which, due to the existence of one of the grounds for exclusion or refusal for obtaining refugee status or the granting of the right to subsidiary protection, UNHCR, in a reasoned manner, so requests.

  Within two days of notification of the decision rejecting the application as inadmissible or rejecting it, the interested party may file a request for REEXAMINATION, which will suspend the effects of said decision. The decision on this request must be notified to the interested party within two days of the date on which the request was submitted.

  During the procedure and, in any case, during the processing of the request for reexamination and the appeal for reconsideration, as well as during the lodging of the contentious-administrative appeal with judicial suspension of the administrative act, the person requesting international protection shall remain in the border premises set up for this purpose.

  If the time limit set for deciding on the non-admission or the rejection of the application at the border, the reexamination request, or the appeal for reconsideration has elapsed without the decision being expressly notified, this will determine its processing by the ordinary procedure, as well as the authorisation for entry and provisional stay of the applicant, without prejudice to what may be agreed in the final decision of the proceedings.

• Effects of the inadmissibility

  Non-admission shall have the same effects as a rejection of the application.

EFFECTS OF THE GRANTING

The granting of the right to asylum or subsidiary protection shall imply the recognition of the rights established in the Geneva Convention relating to the Status of Refugees, in the current regulations on aliens and immigration, as well as in the regulations of the European Union, and, in any case:

1. Protection against refoulement under the terms established in the international treaties signed by Spain.
2. Access to information on the rights and obligations related to the content of the international protection granted, in a language that is understandable to the beneficiary of such protection.
3. Permanent residence and work authorisation, under the terms established in Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration.
4. The issuance of identity and travel documents to those recognised as refugees and, where necessary, to those benefiting from subsidiary protection.
5. Access to public employment services.
6. Access to education, health care, housing, social assistance and social services, to the rights recognised by the legislation applicable to victims of gender-based violence, where applicable, to social security and to integration programmes, under the same conditions as Spaniards.
7. Access, under the same conditions as Spaniards, to continuing or occupational training and to internship opportunities, as well as to procedures for the recognition of academic and professional diplomas and certificates and other proof of official qualifications issued abroad.
8. Freedom of movement.
9. Access to general or specific integration programmes that may be established.
10. Access to voluntary return assistance programmes that may be established.
11. The maintenance of the family unit under the terms provided for in Law 12/2009, of 30 October, regulating the right to asylum and subsidiary protection and access to the support programmes that may be established for this purpose.

They may continue to benefit from some or all of the programmes or benefits they enjoyed prior to the granting of international protection status in cases where special circumstances so require.

In case of social or economic hardship, they may benefit from complementary services relating to access to employment, housing and general educational services, as well as specialised services for interpretation and translation of documents, permanent assistance for the elderly and disabled, and emergency financial assistance.

EFFECTS OF THE REFUSAL

The non-admission or rejection of applications for international protection shall determine, as appropriate, the return, refoulement, expulsion, compulsory departure from Spanish territory or transfer to the territory of the State responsible for examining the asylum application of the persons who applied for asylum.

In case of social or economic hardship, they may benefit from complementary services relating to access to employment, housing and general educational services, as well as specialised services for interpretation and translation of documents, permanent assistance for the elderly and disabled, and emergency financial assistance.

CESSATION OF REFUGEE STATUS

Refugee status shall cease to be granted to those who:

• expressly so request;
• he has voluntarily re-availed himself of the protection of the country of his nationality; or
• having lost his nationality, he has voluntarily reacquired it; or
• have acquired a new nationality, and enjoy the protection of the country of their new nationality;
• have voluntarily re-established themselves in the country which they had left or outside which they remained owing to fear of persecution;
• have left the Spanish territory and taken up residence in another country;
• can no longer refuse the protection of the country of their nationality because the circumstances under which they were recognised as refugees have ceased to exist;
• have no nationality and can return to the country of their former habitual residence because the circumstances by virtue of which they were recognised as refugees have ceased to exist.

The person affected by the termination shall enjoy the following guarantees during the procedure:

• to be informed in writing that their right to asylum is being reconsidered and of the reasons for such reconsideration;
• to be granted a hearing for the formulation of allegations;
• to enable the competent authority to obtain accurate and up-to-date information from various sources, such as, where appropriate, the United Nations High Commissioner for Refugees (UNHCR), on the general situation in the countries of origin of the persons concerned; and
• to be guaranteed that, when information is gathered on the individual case for the purpose of reconsidering refugee status, such information is not obtained from those responsible for the persecution, in such a way as to result in those responsible being directly informed that the person concerned is a refugee whose status is being reconsidered, nor is the physical integrity of the person concerned and his or her dependants, or the liberty and security of his or her family members still living in the country of origin, jeopardised.

The period for notification of the decision shall be six months from the date of submission of the application by the interested party or from the date of notification of the order to initiate the termination procedure. At the end of this period, and taking into account any applicable suspensions or extensions, the case shall be deemed to have lapsed and shall be closed automatically.

Resolutions on cessation shall terminate the administrative procedure and shall be subject to an optional appeal for reconsideration before the Minister of the Interior and an appeal for judicial review.

Cessation shall terminate the enjoyment of all rights inherent to refugee status.

The cessation of refugee status will not prevent the continuation of residence in Spain in accordance with the current regulations on aliens and immigration, when the interested party provides reasonable justification for remaining in Spain. For these purposes, the period of time during which the interested parties have legally resided in our country will be taken into account.

CESSATION OF SUBSIDIARY PROTECTION

Subsidiary protection shall cease when:

• it is expressly requested by the beneficiary;
• the beneficiary has left the Spanish territory and taken up residence in another country;
• the circumstances which led to its granting cease to exist or change in such a way that said protection is no longer necessary.

The person affected by the termination shall enjoy the following guarantees during the procedure:

• to be informed, in writing, that his/her right to subsidiary protection is being reconsidered and of the reasons for such reconsideration;
• to be granted a hearing for the formulation of allegations;
• to enable the competent authority to obtain accurate and up-to-date information from various sources, such as, where appropriate, the United Nations High Commissioner for Refugees (UNHCR), on the general situation in the countries of origin of the persons concerned; and
• to be guaranteed that, when information is gathered on the individual case for the purpose of reconsidering his/her situation, such information is not obtained from those responsible for the persecution, nor is the physical integrity of the person concerned and his or her dependants, or the liberty and security of his or her family members still living in the country of origin, jeopardised.

The period for notification of the decision shall be six months from the date of submission of the application by the interested party or from the date of notification of the order to initiate the termination procedure. At the end of this period, and taking into account any applicable suspensions or extensions, the case shall be deemed to have lapsed and shall be closed automatically.

Resolutions on cessation shall terminate the administrative procedure and shall be subject to an optional appeal for reconsideration before the Minister of the Interior and an appeal for judicial review.

Cessation shall terminate the enjoyment of all rights inherent to the beneficiary of subsidiary protection status.

The cessation of refugee status will not prevent the continuation of residence in Spain in accordance with the current regulations on aliens and immigration, when the interested party provides reasonable justification for remaining in Spain. For these purposes, the period of time during which the interested parties have legally resided in our country will be taken into account.

REVOCATION OF ASYLUM OR SUBSIDIARY PROTECTIONA

Revocation of refugee status or subsidiary protection status shall be applicable where:

• any of the following criteria for exclusion or refusal are met;
• the beneficiary has misrepresented or omitted facts, including by the use of false documents, which were decisive for the granting of refugee or subsidiary protection status;
• the beneficiary constitutes, for justified reasons, a danger to the security of Spain or, having been convicted for a serious crime by final judgment, constitutes a threat to the community.

The person affected by the revocation shall enjoy the following guarantees during the procedure:

• to be informed, in writing, that his/her right to asylum or subsidiary protection is being reconsidered and of the reasons for such reconsideration;
• to be granted a hearing for the formulation of allegations;
• to enable the competent authority to obtain accurate and up-to-date information from various sources, such as, where appropriate, the United Nations High Commissioner for Refugees (UNHCR), on the general situation in the countries of origin of the persons concerned; and
• to be guaranteed that, when information is gathered on the individual case for the purpose of reconsidering refugee status, such information is not obtained from those responsible for the persecution, in such a way as to result in those responsible being directly informed that the person concerned is a refugee whose status is being reconsidered, nor is the physical integrity of the person concerned and his or her dependants, or the liberty and security of his or her family members still living in the country of origin, jeopardised.

The period for notification of the decision shall be six months from the date of submission of the application by the interested party or from the date of notification of the order to initiate the revocation procedure. At the end of this period, and taking into account any applicable suspensions or extensions, the case shall be deemed to have lapsed and shall be closed automatically.

Resolutions on revocation shall terminate the administrative procedure and shall be subject to an optional appeal for reconsideration before the Minister of the Interior and an appeal for judicial review.

The revocation shall terminate the enjoyment of all rights inherent to refugee or beneficiary of subsidiary protection status.

The revocation of international protection will entail the immediate application of the current regulations on aliens and immigration, and, where appropriate, the processing of the corresponding administrative disciplinary proceedings for the expulsion of the person concerned from the national territory, in accordance with the provisions of Article 57 of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, and its implementing regulations.

However, no revocation or possible subsequent expulsion may result in the persons concerned being sent to a country where their life or freedom would be in danger or where they would be exposed to torture or inhuman or degrading treatment or, as the case may be, where there is no effective protection against refoulement to the persecuting or risk country.