How to apply for International Protection in Spain

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As established in the 1951 Geneva Convention and in the Asylum Law No. 12/2009 of October 30, 2009:

A refugee is a person who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of his country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it”.

International Protection Spain Kvasnevska & Partners

The reasons for persecution are:


Color, origin or membership in a particular ethnic group.


The profession of theistic, non-theistic and atheistic beliefs, participation in or abstention from formal worship in private or in public, either individually or in community, as well as other acts or expressions that involve an opinion of a religious nature, or forms of personal or community conduct based on or mandated by any religious belief.


Citizenship or membership of a group determined by its cultural, ethnic or linguistic identity, its common geographical or political origins or its relationship with the population of another State.

Political opinions

The profession of opinions, ideas or beliefs on a matter relating to potential agents of persecution and their policies or methods. Whether or not the applicant has acted in accordance with such opinions, ideas or beliefs.

Belonging to a certain social group

Las personas integrantes de dicho grupo comparten una característica innata o unos antecedentes comunes que no pueden cambiarse, o bien comparten una característica o creencia que resulta tan fundamental para su identidad o conciencia que no se les puede exigir que renuncien a ella, y dicho grupo posee una identidad diferenciada en el país de que se trate por ser percibido como diferente por la sociedad que lo rodea o por el agente o agentes perseguidores.

Depending on the circumstances prevailing in the country of origin, a group based on a common characteristic of sexual orientation or sexual identity, and/or age, is included in the concept of a particular social group.

Acts of persecution

  • The acts must be sufficiently serious.
  • They must involve the violation of fundamental rights.

Forms of persecution:

  • Acts of physical or psychological violence, including acts of sexual violence.
  • legislative, administrative, police or judicial measures that are discriminatory in themselves or that are applied in a discriminatory manner
  • prosecutions or penalties that are disproportionate or discriminatory
  • denial of judicial protection resulting in disproportionate or discriminatory punishments
  • prosecutions or penalties for refusal to perform military service. In a conflict in which the performance of such service would involve crimes or acts falling under the exclusion clauses established by the Asylum Act.
  • acts of a sexual nature involving adults or children

Asylum in Spain

According to the statistical data of the Spanish Commission for Asylum and Refuge (CEAR),, in 2017 the number of asylum applications reached 32,120. Of which, the majority corresponds to the following countries:

  • Venezuela
  • Syria
  • Ukraine
  • Palestine
  • Colombia
  • El Salvador
  • Algeria
  • Honduras
  • Cameroon
  • Morocco

If you have any questions about the procedure or need legal advice, please do not hesitate to contact us.

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    Daria Kvasnevska