So far in January, 864 applications for international protection have been processed in Spain, according to data from the Ministry of the Interior, which ensures that it continues working to avoid the fraudulent use of stopovers in Madrid to countries that do not require an entry visa and that are used to try to enter that country irregularly.
(Also read: Spain: independentists vote against the amnesty law and stop its process).
To this end, and in collaboration with the Ministry of Foreign Affairs, it has been agreed to establish transit visas, if necessary, as has already been done for citizens with Kenyan passports since the 20th, and will apply to citizens with Senegal passport from next February 19.
Spain is the third country in the European Union in the number of asylum applications and in 2023 alone it processed 163,000 requests, the highest number since 1992, when the Asylum and Refuge Office was created.
How and who can request asylum in Spain?
The first thing to keep in mind is that it is Spain, Law 12/2009 regulating the right of asylum and subsidiary protection configures asylum in that countryrecognized in article 13.4 of the Constitution, as the protection provided to non-EU nationals or stateless persons who are recognized as Refugees in accordance with this Law, with the Geneva Convention of 1951 and the New York Protocol of 1967.
Who can apply for asylum in Spain?
Refugees, that is, foreigners of non-EU nationality or stateless people who flee their countries.
According to article 1.A.2 of the 1951 Geneva Convention relating to the Status of Refugees, a refugee is a person who “due to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinions, is outside the country of his nationality and cannot or, due to such fears, does not want to avail himself of the protection of such country; or who, lacking nationality and being, as a result of such events, outside the country where he previously had his habitual residence, is unable or, due to said fears, does not want to return to it.”
In Spain, it is necessary that the person is present in person in Spanish territory or at a border where you can enter the country. The application must be submitted in person in authorized police stations, in the Foreigner Internment Centers (CIE) in case of detention, or at border posts if it is not possible to enter regularly.
Nationalities with the most asylum requests
Among the people who most request international protection in the Iberian country, Venezuelans are in first place (60,534), Colombians in second place (53,564) and Peruvians in third place (14,308), and between the three countries they represent close to 80% of applications that were submitted in 2023.
(Keep reading: Controversy in Spain over a poster with an 'effeminate Jesus' promoting Holy Week).
What rights does the asylum seeker have?
The asylum seeker has the right to be documented as an applicant for international protection and, therefore, to remain in Spain, unless claimed by another country until their application is resolved, which must be communicated to the United Nations High Commissioner for Refugees (UNHCR) in Spain.
You also have the right to be assisted by a lawyer free of charge if you cannot afford one and by an interpreter, as well as to know the contents of the file at any time.
Likewise, the applicant has duties: to collaborate with the Spanish authorities by telling the truth and detailing the reasons why they are requesting asylum, to present the documentation on which the application is based on time, to appear when required, to report any change of address. and facilitate the collection of your fingerprints.
Where can you apply for asylum?
The application is made directly at border posts if you cannot enter Spanish territory and at authorized Police stations and Foreigner Internment Centers (CIE) if you are already there.
In 2023, according to authorities, they presented 158,170 applications in Spain, of which 3,386 were at border posts and 877 at CIE.
Who decides on applications?
Applications are evaluated by the Office of Asylum and Refuge (OAR) and decisions are made by the Minister of the Interior at the proposal of the Interministerial Commission for Asylum and Refuge (CIAR).
How is the procedure done?
The application is submitted in person and consists of an interview, which must always be carried out individually with an authorized official and in which an interpreter and a lawyer may be present.
In the admission phase, applications whose study does not correspond to Spain or that do not meet the requirements established by law are discarded, for example that the person is recognized as a refugee in a third country, that they come from a safe country, that they have reiterated an application already denied in Spain without new circumstances or that they are European.
If the application has been submitted at a border post or at a CIE, the applicant must remain there until it is decided whether it is admitted for processing or rejected. The authorities have 96 hours to notify the decision.
If it is admitted, you will be able to enter Spain or leave the CIE, while if it is denied, you can request that it be reviewed within 48 hours of notification. The administration has another two days to notify its resolution: if it is negative, the applicant must leave Spain, although they may first file an appeal.
Please note that if the application was submitted in Spanish territory, it will be assessed within one month whether the urgent procedure is admitted and continues. After that time, if the applicant does not receive a resolution of inadmissibility, it is considered admitted due to administrative silence and the applicant remains in a situation of provisional stay in Spain.
On the contrary, if it is not admitted, return, return, expulsion, mandatory departure from Spain or transfer to the country responsible for examining the asylum application will be ordered.
What are the effects of granting asylum in Spain?
The beneficiaries have been granted permanent residence and work permits, their corresponding identity document, the right to family reunification, and they will be able to access public employment, education, health, housing or social services. The terms of access to Spanish nationality are also reduced.
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To which nationalities does Spain mostly grant and reject international protection?
In 2023, in Spain 7,330 people achieved refugee status and 3,833 subsidiary protection. Malians (2,362), Afghans (1,120), Syrians (1,153), Nicaraguans (837) and Hondurans (736) were the main nationalities granted asylum.
On the contrary, 35,392 applications were unfavorable with Colombians in the lead (15,089), followed by Moroccans (3,787), Peruvians (3,197), Hondurans (2,578) and Senegalese (1,067).
INTERNATIONAL EDITORIAL
*With information from EFE
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