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Asylum and Refugee Status

Processes and rights for individuals seeking asylum or refugee protection in Spain.

Sections

1. Overview of Asylum and Refugee Status in Spain

Asylum and refugee status in Spain are governed by both national laws and international agreements. Spain adheres to the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol, as well as the European Union Common European Asylum System (CEAS). At the national level, the key legislation is:

  • Law 12/2009 of October 30: Regulates the right to asylum and subsidiary protection in Spain.
  • Royal Decree 203/1995: Establishes the procedure for recognizing refugee status.
  • EU Dublin III Regulation: Determines which EU country is responsible for examining an asylum application.

Spain offers two main forms of international protection:

  1. Asylum (Refugee Status): Granted to individuals who face persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.
  2. Subsidiary Protection: Granted to individuals who do not qualify as refugees but face a real risk of serious harm (e.g., death penalty, torture, or indiscriminate violence in armed conflict) if returned to their country.

2. Standard Procedures for Applying for Asylum in Spain

Step 1: Entry into Spain

  • You can apply for asylum in Spain regardless of how you entered the country (legally or irregularly). However, you must apply within one month of entering Spain or as soon as possible after the circumstances justifying your claim arise.

Step 2: Submitting the Application

You can submit your asylum application in the following locations:

  • At the border: If you arrive at an airport, seaport, or land border, you can request asylum at the border control point.
  • Inside Spain: Applications can be submitted at designated asylum offices, police stations, or immigration offices.
  • Detention Centers for Foreigners (CIEs): If you are detained for irregular entry, you can also apply for asylum from within a detention center.

Step 3: Initial Interview

  • After submitting your application, you will undergo an initial interview with the police or asylum office. During this interview, you will explain your reasons for seeking asylum and provide any supporting evidence (e.g., documents, photos, or witness statements).
  • You will also receive a "Resguardo de Solicitud" (receipt of application), which serves as proof that you have applied for asylum and grants you temporary legal status in Spain.

Step 4: Admissibility Decision

  • The Spanish Office of Asylum and Refuge (OAR) will decide whether your application is admissible within one month. If your application is deemed inadmissible, you may appeal the decision in court.

Step 5: Examination of the Application

  • If your application is accepted as admissible, the OAR will conduct a detailed examination of your case. This process may take 6 to 12 months, though delays are common due to high demand.
  • During this time, you may be called for additional interviews to clarify your case.

Step 6: Decision

  • The OAR will issue a decision granting or denying asylum or subsidiary protection. If your application is denied, you have the right to appeal the decision in court.

3. Rights and Benefits for Asylum Seekers

While your application is being processed, you are entitled to:

  • Temporary legal status: You cannot be deported while your application is under review.
  • Access to reception centers: Spain provides accommodation, food, and basic services for asylum seekers in need.
  • Healthcare: You have access to Spain’s public healthcare system.
  • Education: Children under 18 have the right to attend school.
  • Work authorization: After six months, you can apply for a work permit if your application is still under review.

If granted asylum or subsidiary protection, you will receive:

  • A residence permit valid for five years (renewable).
  • The right to work, study, and access social services in Spain.
  • The possibility of applying for family reunification.

4. Costs Involved

  • Application Fee: There is no fee to apply for asylum in Spain. The process is free of charge.
  • Legal Assistance: Free legal aid is available to asylum seekers through organizations such as the Spanish Commission for Refugee Aid (CEAR) and Red Cross Spain.
  • Translation Services: Free interpretation services are provided during interviews if you do not speak Spanish.

5. Specific Considerations Unique to Spain

a) High Volume of Applications

  • Spain has seen a significant increase in asylum applications in recent years, particularly from Latin American countries (e.g., Venezuela, Colombia, and Honduras). This has led to longer processing times and overburdened reception centers.

b) Safe Third Country and Dublin Regulation

  • If you passed through another EU country before arriving in Spain, the Dublin III Regulation may apply, and Spain could transfer your case to the first EU country you entered. However, Spain often processes applications from Latin American nationals directly due to cultural and linguistic ties.

c) Special Protections for Vulnerable Groups

  • Spain prioritizes applications from vulnerable groups, such as unaccompanied minors, victims of trafficking, pregnant women, and individuals with serious illnesses.
  • Unaccompanied minors are placed under the care of Spain’s child protection system.

d) Rejection and Appeals

  • If your application is rejected, you have 30 days to file an appeal. Appeals can be submitted to the National Court (Audiencia Nacional), and in some cases, to the Supreme Court (Tribunal Supremo).

e) Temporary Protection for Mass Influx

  • Spain can grant temporary protection to groups of displaced persons in cases of mass influx (e.g., Ukrainian refugees following the 2022 Russian invasion).

6. Key Organizations and Resources

  • Spanish Office of Asylum and Refuge (OAR): The government body responsible for processing asylum applications.
  • Spanish Commission for Refugee Aid (CEAR): Provides legal assistance, social support, and advocacy for asylum seekers.
  • Red Cross Spain: Offers humanitarian aid and support to asylum seekers.
  • UNHCR Spain (ACNUR): The UN Refugee Agency provides guidance and support for asylum seekers.

7. Final Tips

  • Prepare Your Case: Gather as much evidence as possible to support your claim, including documents, photos, and witness statements.
  • Seek Legal Assistance: Contact organizations like CEAR or the Red Cross for free legal advice and support.
  • Be Patient: The asylum process in Spain can be lengthy due to high demand, but you are entitled to basic rights and services while your application is under review.

This guide provides a detailed overview of the asylum and refugee process in Spain. If you have further questions or need clarification, feel free to ask!