Law firm specialized in International Law
INTERNATIONAL PROTECTION PROCEDURE (ASYLUM)
Through the asylum procedure, a State guarantees the protection of certain people.
According to the Convention, the refugee is a person who cannot or does not want to avail himself of the protection of his country due to a fundamental fear of being persecuted for reasons of race, nationality, religion, political opinions or belonging to a specific social group.
Spain is a party to agreements regarding asylum and refuge. The 1951 Geneva Convention and the 1967 New York Protocol. These have enshrined this right in their Constitution and guarantee its fulfillment.
ASYLUM APPLICATION PROCEDURE ACCORDING TO THE PLACE OF PRESENTATION OF THE APPLICATION
ASYLUM APPLICATION AT THE BORDER
The procedure for applying for international protection at the border is very agile and fast. The decision on admission or inadmission to the procedure is taken in 72 hours or 4 days. Depending on the place of presentation: Border post or CIE respectively.
ASYLUM APPLICATION IN NATIONAL TERRITORY
The presentation of the application in the Spanish territory, has much longer deadlines: one month for admission to the process and 6 months for decision making. However, these terms are affected by a multitude of files submitted each year and extend up to 2 years.
Among the favorable resolutions of applications for international protection, it is possible to recognize refugee status, subsidiary protection or grant a residence permit for humanitarian reasons.
RIGHT OF ASYLUM (RECOGNITION OF REFUGEE STATUS)
It is the right of everyone to seek protection outside their country of origin or habitual residence. Enjoy it if you have well-founded fears of being persecuted for reasons of race, religion, nationality, political opinion or belonging to a certain social group.
The residence permit granted in the case of recognition of refugee status is 5 years with the possibility of applying for Spanish Nationality by residence below.
RIGHT TO SUBSIDIARY PROTECTION
It is the dispensation to people from other countries and to stateless persons who would face a real risk of suffering some serious damage, without meeting the requirements to obtain asylum (refugee status).
But with respect to which there are well-founded reasons to believe that if they returned to their country of origin in the case of nationals or, to their previous habitual residence in the case of stateless persons.
The residence permit granted in the case of subsidiary protection is 5 years.
RESIDENCE FOR HUMANITARIAN REASONS
If the applicant for international protection does not meet the requirements to obtain asylum or subsidiary protection, his personal situation is assessed, in order to provide protection for humanitarian reasons.
In this case, the residence permit is for 1 year with the possibility of extension.
HOW AND WHERE IS THE APPLICATION FOR ASYLUM SUBMITTED?
WHO CAN APPLY FOR ASYLUM IN SPAIN?
Any person, national of a third country or stateless person, if they are suffering or have a well-founded fear of being the victim of serious persecution. The persecution can be motivated by their race, nationality, religion, political opinions or belonging to a certain social group.
The seriousness of the persecution consists of an evident risk to the life, health or integrity of the applicant and also, in politically motivated criminal prosecution.
WHAT RIGHTS DOES AN ASYLUM APPLICANT HAVE IN SPAIN?
WHAT OBLIGATIONS DOES AN APPLICANT HAVE?
Although the law does not expressly provide as the obligation to stay in Spanish territory during the study of the application, the provisional asylee document does not authorize travel. It must be taken into account that the fact of leaving the national territory may cause the application to be rejected, especially if the applicant has returned to his / her country of origin.
WHAT EVIDENCE MUST BE PRESENTED?
It is necessary to provide the truthful account of the facts and also, all the evidence available to the applicant (complaints, medical reports, press articles, etc.)
WHEN CAN I SUBMIT THE APPLICATION?
Within a month of entering Spain or since the beginning of the persecution is known, if the requesting party was already in a safe country for him.
DO I NEED A LAWYER TO FILE THE APPLICATION?
Although it is not mandatory, the applicant has the right to the assistance of a lawyer. In many cases, it is recommended, since a well-focused interview with professional help can facilitate access to information in the instructional phase of the procedure.
In addition, lawyers can prepare supporting reports with the collection of data, evidence and arguments in favor of the requested protection, which will increase the chances of proving the existing persecution.
IS IT POSSIBLE TO APPEAL TO THE REFUSAL OF ASYLUM?
Yes. Once the main proceedings have been completed, an appeal against the refusal decision is possible before the body that issued the resolution, and, subsequently, before the court. The competent judicial body to resolve the appeal is the Contentious – Administrative Chamber of the National Court.
In the judicial procedure the intervention of a lawyer and a solicitor is necessary.