International protection is a set of measures designed to protect people who, for various reasons, cannot return to their country of origin. As a member of the European Union, Spain has adopted regulations aimed at guaranteeing these rights and providing a clear legal framework for people applying for asylum.

Since laws and international conventions were introduced, the asylum process in Spain has evolved considerably, reflecting greater responsibility in the treatment of refugees and applicants for protection.

What does international protection in Spain involve?

In Spain, international protection is intended to provide protection to people fleeing armed conflicts, persecution or human rights violations in their countries. It covers two main forms of protection: asylum and subsidiary protection.

Asylum is granted to people who face a real risk of persecution because of their race, religion, nationality, membership of a particular social group or political opinions. Subsidiary protection, on the other hand, is granted to people who do not meet the requirements for asylum but are at risk of serious harm, such as the death penalty or torture.

The process for obtaining international protection involves submitting a formal application to the competent authorities, which assess each applicant’s personal circumstances.

What is the basic legislation on international protection?

The legislation governing international protection in Spain is based on the Asylum Law 12/2009, which sets out applicants’ rights and the procedures to follow. The law has been amended several times, most recently in 2024, strengthening applicants’ rights and improving transparency in the process.

The main features of the legislation include:

• It provides a clear framework for processing asylum applications.
• It sets out applicants’ rights and duties during the process.
• It recognises the importance of coordination with international organisations such as UNHCR.

The legislation also includes commitments under international treaties, such as the Geneva Convention of 1951 and the New York Protocol of 1967, which guarantee applicants fundamental rights.

Which international instruments support international protection?

International protection is based on various international instruments that establish standards for the treatment of refugees and asylum seekers. These include:

1. Geneva Convention Relating to the Status of Refugees (1951).
2. New York Protocol (1967).
3. European Union directives on asylum and migration.

These instruments are essential to ensuring that countries meet their international obligations and provide a legal framework that protects applicants’ rights.

Coordination between states and organisations such as UNHCR and the Red Cross is essential to implementing these instruments effectively and ensuring that the rights of refugees and applicants are respected.

What is the procedure for applying for asylum in Spain?

Applying for asylum in Spain involves a process that begins with submitting an application at designated locations, such as border crossings or asylum offices. The steps applicants must follow are set out below:

• Submitting the application: You must provide personal information and explain why you are applying for asylum.
• Interview: An interview will be held to assess the reasons for your fear and gather further information.
• Decision: The authorities have a deadline for issuing a decision on the application, which may be positive or negative.

Applicants must be well informed about their rights at every stage of the process, as well as the possible avenues of appeal if their application is refused.

What rights do applicants for international protection have?

Applicants for international protection in Spain have a number of rights intended to ensure they are treated with dignity and humanity. These rights include:

• The right to apply for asylum.
• The right to receive information about the process and their rights.
• The right to legal assistance and representation.
• The right to suitable accommodation and healthcare.

Applicants also have the right not to be expelled to a country where they could face persecution or serious harm. This is vital to ensure that each person can await a decision in a safe environment.

How is international protection coordinated with UNHCR?

Coordination between international protection in Spain and UNHCR (the United Nations High Commissioner for Refugees) is crucial to providing a more effective asylum system. UNHCR offers technical support and advice on implementing policies that safeguard refugees’ rights.

UNHCR also works closely with the Government of Spain and local organisations such as the Red Cross, providing resources and training for officials responsible for processing asylum applications.

Working with UNHCR also makes it possible to better address applicants’ needs and ensure their right to a fair and transparent process is respected.

Who is eligible for subsidiary protection?

Subsidiary protection is intended for people who do not meet the requirements for asylum but face a real risk of harm if they return to their country. This includes:

• People fleeing armed conflicts.
• People at risk of torture or cruel treatment.
• People who may become victims of gender-based violence or systematic violence.

People granted subsidiary protection have rights similar to those of refugees, although there may be differences in certain aspects of their status and the protection they receive.

Related questions about international protection in Spain

What is the difference between asylum and international protection?

Asylum is a specific form of international protection granted to people facing persecution in their countries. International protection, by contrast, may include other forms of protection, such as subsidiary protection, which covers situations involving a serious risk that do not necessarily amount to persecution.

Both mechanisms aim to protect people’s safety and guarantee their right to live without fear of persecution. However, the criteria and procedures for each may differ, with asylum being more restrictive in terms of the grounds that justify an application.

How long does international protection last in Spain?

The duration of international protection depends on the status granted. Refugees are generally granted indefinite protection, while subsidiary protection is granted for a period of five years and may be renewed if the conditions that justified it continue to exist.

It is essential for beneficiaries to keep their situation up to date and stay alert to any changes that could affect their protection status.

Who is entitled to apply for international protection?

Anyone in Spain who fears returning to their country because of persecution, armed conflict or human rights violations is entitled to apply for international protection. This includes both foreign nationals and people who have been forcibly displaced.

The regulations state that the application must be submitted within a reasonable period after arriving in Spain, although exceptions allow people to apply for asylum even after a considerable amount of time has passed.

What is the international protection programme?

Spain’s international protection programme comprises the policies and procedures designed to grant asylum and subsidiary protection to those who need it. The programme includes assessing applications, coordinating with international organisations and ensuring that applicants’ rights are upheld throughout the process.

The programme aims to take a humane and accessible approach, addressing each applicant’s specific needs and ensuring that their rights are respected throughout the process.