The right to asylum and subsidiary protection in Spain are vital topics for people seeking refuge in the country. The applicable legislation, particularly Law 12/2009, establishes a clear framework to ensure applicants’ safety and rights. Below, we explore the various aspects of these procedures in detail.

This article covers key topics, including the differences between asylum and subsidiary protection, applicants’ rights, and how to apply for these forms of protection in Spain.

What are asylum and subsidiary protection?

Asylum is defined as a person’s right not to be expelled from a country where they have sought refuge because of well-founded fears of persecution in their country of origin. By contrast, subsidiary protection is granted to people who do not meet the requirements for asylum but need international protection because they are at risk of serious harm.

Both forms of protection are designed to provide a humanitarian response to crisis situations, ensuring that people fleeing conflict or persecution have a safe place to turn to. It is important to note that both asylum and subsidiary protection are governed by Law 12/2009 in Spain, which reflects international standards.

Recognition of these statuses is essential because it gives applicants rights and guarantees while their circumstances are being assessed. This includes the right not to be returned to their country of origin while their application is being decided, known as the principle of non-refoulement.

Difference between asylum and subsidiary protection

The main difference between asylum and subsidiary protection lies in the eligibility criteria. Asylum is based on specific persecution, whereas subsidiary protection is granted when there is a risk of serious harm, such as torture, the death penalty or threats to life.

• Asylum: Protection for people who have been persecuted for political, religious, national or other reasons.
• Subsidiary protection: Protection for people who are not considered refugees but face significant risks in their country of origin.

Another important difference is that asylum status is granted for a longer period and provides broader rights than subsidiary protection. However, both forms of protection allow access to essential services such as education and healthcare.

How do you apply for subsidiary protection in Spain?

Applying for subsidiary protection in Spain involves a formal process that must be followed carefully. Applicants must submit their application to the National Police or at offices of the Ministry of the Interior within one month of entering the country.

The process involves submitting documents to support the application and attending an interview to examine the reasons for seeking protection. Applicants must clearly explain their circumstances and the risks they face in their country of origin.

Once the application has been submitted, the process may take several months. During this time, it is essential to stay in contact with the authorities and provide any additional information requested. Law 12/2009 sets specific deadlines for deciding applications, and applicants must be informed of the outcome of their case.

Who is eligible for subsidiary protection?

Subsidiary protection is intended for a range of people who cannot return to their country of origin. This includes those facing risks due to armed conflict, political persecution or human rights violations. It may also include people who have experienced gender-based violence or violence in situations of internal conflict.

• Refugees: People who have been persecuted for political, religious or other reasons.
• People at risk: Those facing serious harm who do not meet the requirements for asylum.

It is important to note that decisions on who may receive subsidiary protection are made on a case-by-case basis, taking into account each applicant’s individual circumstances. The involvement of organisations such as UNHCR can also be crucial in this process.

What rights do asylum seekers have in Spain?

Asylum seekers in Spain have specific rights guaranteed by law. One of the most important is the right to non-refoulement, which prevents them from being returned to their country of origin until their application has been decided.

They also have the right to access legal assistance, healthcare and education. This includes the right to financial support and temporary accommodation while their application is being processed. These safeguards are essential to ensure that applicants are treated with dignity and can rebuild their lives in a new environment.

Applicants also have the right to be informed about the status of their application and to appeal negative decisions. It is essential that they understand their rights and responsibilities during this process and seek legal advice if necessary.

What are the disadvantages of applying for political asylum in Spain?

Applying for asylum in Spain can involve several disadvantages and complications. First, the application process can be long and stressful, with waiting times that may last several months. During this time, applicants may face uncertainty and anxiety about their future.

Another disadvantage is that applications may be rejected in some cases. If this happens, applicants may be required to leave the country, which could mean returning to dangerous circumstances in their country of origin. This highlights the importance of preparing the application properly and having the necessary documents.

In addition, some applicants may find it difficult to adapt to life in Spain because of language and cultural barriers. A lack of support networks can make integration even more challenging.

New asylum law in Spain 2024

Asylum legislation in Spain is constantly evolving. The new asylum law, which is expected to come into force in 2024, aims to speed up application procedures and strengthen the protection of applicants’ rights. The law is expected to improve access to legal assistance and resources for refugees.

In addition, the new regulations aim to align with European guidelines and strengthen cooperation with international organisations such as UNHCR. This is essential to ensure that Spain fulfils its international protection commitments and provides appropriate support to those seeking refuge.

Under this new law, additional measures are expected to be introduced to improve care and assistance for applicants and facilitate their integration into Spanish society.

Related questions about asylum and subsidiary protection in Spain

What is the difference between asylum and subsidiary protection?

The main difference lies in the conditions for receiving each type of protection. Asylum is granted to people facing direct persecution, while subsidiary protection is granted to those at risk of serious harm who cannot demonstrate specific persecution.

In terms of rights, people granted asylum have access to a more stable and long-term status, while those granted subsidiary protection may face limitations on their immigration status and the duration of their protection.

How long does subsidiary protection last?

Subsidiary protection is initially granted for five years. At the end of this period, it may be renewed if the situation in the applicant’s country of origin has not improved. This allows people to continue receiving protection as long as there is a risk to their safety.

It is essential for beneficiaries of subsidiary protection to be aware of the renewal procedures and meet the requirements in order to maintain their status.

Who can apply for subsidiary protection?

Anyone in Spain who cannot return to their country of origin because they risk suffering serious harm can apply for subsidiary protection. This includes refugees, victims of violence and people fleeing armed conflict.

Applicants should provide evidence and testimony to support their application, which will help the competent authorities assess it.

What rights does a person granted asylum in Spain have?

A person granted asylum in Spain is entitled to various benefits, including protection from return to their country of origin, access to healthcare, education and legal assistance. People granted asylum may also work and live legally in Spain.

These rights enable refugees to integrate into and contribute to society while maintaining their safety and dignity. Spanish law guarantees that these rights are respected and upheld.