What happens if your asylum application has been denied and you want to reapply?
The Spanish Asylum Law establishes that the second asylum application for the same facts will not be admitted, if no new facts have occurred regarding the first application.
The Court of Justice of the European Union has specified and modified the assumption of inadmissibility of the second applications, in its recent ruling dated September 9, 2021.
The Court analyzes the case that occurred in Austria, where an Iraqi citizen again applied for asylum for the same events after the first denial, citing another motive for the persecution.
In his first request, he claimed that he feared for his life if he returned to Iraq, because he refused to fight for the Shiite militias, and in the second request, he also claimed that the real reason for his requests was his homosexuality, which was prohibited (according to him). Both for his country and for his religion.
The second application was inadmissible, since Austrian law provides that it is only possible to apply for asylum again, if new facts or circumstances have occurred, just like Spanish law.
The Court of Justice of the European Union opposes a second application for International Protection being declared inadmissible
However, the Court of Justice of the European Union opposes that a subsequent application for International Protection is declared inadmissible only because it is based on the same facts that have already been exposed in the first application.
According to the Court, the possible reopening of the procedure can be based both on the new facts (as already established by the legislation) or admitted when the applicant has not been able, through no fault of his own, to prove the facts in the previous procedure.
At Kvasnevska & Partners we are experts in International Protection
If you need assistance when submitting your asylum application or appealing the denial of asylum, please do not hesitate to contact us.
