Refugee status in Spain.
The number of asylum applications received by the countries of the European Union in 2014 increased by 25 percent compared to the same period in 2013. According to statistics, by the end of 2013 the total number of refugees in the world reached a record 51 million people – the maximum number since the end Second World War. For the citizens of the post-Soviet space, of course, the conflict in Ukraine, which took away thousands of lives and provoked a wave of refugees, is the most relevant at the moment.
We are increasingly receiving letters and questions about the possibility of obtaining refugee status in Spain. Therefore, in this article, we will try to explain how it is possible to obtain refugee status in Spain, who can become a refugee, the administrative and legal and international aspects of this procedure, and where to turn and what to do. It should be understood that this procedure is very complicated from the point of view of jurisprudence, very long (can last several years) and individual. Documents and grounds for obtaining refugee status must be in accordance with international law, Spanish law and be issued by competent lawyers.
Find out about legal ways of moving to Spain here.
Regulatory framework for obtaining refugee status in Spain.
In December 1949, the UN General Assembly established the Office of the United Nations High Commissioner for Refugees (UNHCR), a body with broad powers in matters related to the development of mechanisms for the protection of the rights of refugees. The activities of this body are regulated by the Universal Declaration of Human Rights (1948) and the four Geneva Conventions, as well as numerous international and regional declarations that directly focus on refugee issues. In October 1999, at a meeting of the European Council in Tampere, the European Union committed itself to the creation of a European asylum system (CEAS), based on the full and comprehensive application of the 1951 Geneva Convention relating to the Status of Refugees, supplemented by the 1967 New York Protocol.
Spain is also guided by the Convention on the Application of the Schengen Agreement – Articles 28-38 of 23 July 1993 and the Dublin Convention in force in Spain since June 15, 1990. In addition to international normative documents, Spain is governed by the Spanish Constitution (section 13 para. 4), the Refugee Rights Act (No. 5 of 1984), the Refugees Act (No. 9 of 1994), the Refugee Charter (Royal Decree No. 203 1995), the Aliens Act (No. 12 of 2009, regulating the right to asylum and additional protection, as well as amendments No. 2 of 2014).
According to the Geneva Convention, absolutely everyone has the right to petition for political or territorial asylum, but not every petition is satisfied. Just want to debunk the myth of the simplicity of this procedure. Without a competent lawyer who knows all the subtleties of the procedure, he is oriented in all legal intricacies, and also is fluent in Spanish, just can not do.
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Who can become a refugee?
Citizens of any country that is not a member of the EU or stateless persons who can prove that they are at risk in their home country or in a country of permanent residence may become victims of persecution, and also are outside the country of their nationality and can not to enjoy the protection of this country or do not want to enjoy such protection, due to such fears, have the right to apply for granting refugee status. Fears of persecution must be based on at least one of the five main motivations:
race religion nationality belonging to a particular social group political motives.
Persecution can be expressed as:
an act of physical or mental violence, including acts of sexual violence of legislative, administrative, police or judicial measures that in themselves are discriminatory or discriminatory in the form of criminal prosecutions or punishments that are disproportionate or discriminatory in rejecting an impartial trial, resulting in a disproportionate or a discriminatory judicial decision of criminal prosecution or punishment for refusal to bear which will include deliberately criminal acts that fall within the scope of the provisions set forth in the second paragraph of Article 8 of Law 12/2009 of 30 October governing the right of asylum and additional protection of torture and inhuman or degrading treatment in the country of origin of a serious threat life by reason of violence in situations of international or internal conflict.
It should be noted that each case will be considered individually: you have to prove that your decision is not just an attempt to get into the EU country in order to improve your financial situation or improve living conditions. Therefore, the main argument for applying for refugee status in the Kingdom of Spain is the imminent danger to your life and health for one of the above reasons. Of course, your arguments should not be unfounded, but supported by real evidence, official documents, medical certificates, police reports, as well as photo and video footage, testimonies, newspaper clippings, etc., of course, be based on real facts .
Who can not seek refugee status.
persons who have committed war crimes, crimes against humanity or crimes against peace persons who have committed a serious non-political crime, acting contrary to the principles of the United Nations (UN)
Where can I apply for refugee status.
Request for asylum in Spain at the border (at the airport) through the representation of the Office for Refugees in Spain – it is necessary to fill out a special questionnaire, explain in detail your application and state the facts of a real threat to life or persecution for one of the above motives, to back it up with documents. There, at the airport, you need to pass an interview and explain in detail the reasons for your request. Be prepared to be asked to tell your entire story in detail. If you do not speak Spanish, you will be provided with an interpreter. Within 72 hours your application will be considered. In the event that your arguments are considered insufficiently weighty, and the reasons for the request are deemed to be dictated by a clear desire to improve your financial situation, you risk receiving a refusal, which you can appeal within 24 hours. Request for asylum through Spanish diplomatic missions and consular services abroad, if the applicant is in a third country. You will also need to file a special application form with all accompanying documents and pass an interview with an employee of the consular service. The decision to grant refugee status is taken not by a diplomatic mission, but exclusively by the Ministry of Foreign Affairs of Spain. A consular officer has the right to submit recommendations to the Ministry of Foreign Affairs based on the results of the interview. Before making a decision to grant you refugee status, you will be banned from entering Spain. Applying for refugee status directly in Spain – this procedure guarantees that you will stay in Spain for the entire period of consideration of your application. The application is submitted to the Office for Refugees (Oficina de Asilo y Refugio or Comisarias de Policia autorizadas) no later than 30 days after entry into Spain. The application is submitted only in person, the presence of a lawyer is allowed. If your statement is reasoned, then you will have to pass an interview with a management employee and a medical commission. After submitting the application, a preliminary stage of its consideration begins to decide whether to accept it or refuse to accept it. Your file will be transferred to the interministerial Commission for Asylum and Refugees (“Comision Asilo y Refugio”). The time for consideration of an application for asylum is from 60 days to 6 months from the date of application. At the time of examination you will be given a temporary residence permit. In case of a negative answer, you have the right to appeal within two months to the Administrative Chamber of the National Court of Justice (Audiencia Nacional). The court has the right to consider your appeal within 18 months, and in some cases even longer. If you are not satisfied with the decision of the National Court, it can be appealed to the Supreme Court (Tribunal Superior de Justicia). Important is the fact that the Supreme Court is not considering your petition, but the legality of the decision made on your petition. The revision of your application (reexamen del expediente) is possible only if you can submit new additional documents or the circumstances that motivated the refusal have changed or lost their force (for example, the situation in your country has worsened).
It is important to remember that Spain should be the first country of your entry after the country of citizenship. Accordingly, the only mode of transport is a plane, a direct flight to Spain. It is also necessary to enter the visa issued by the Spanish consular services, and only so. Otherwise, the authorities of the Kingdom of Spain, guided by the Dublin Agreement, will not consider your application, but will forward it to the authorities of the country that issued you a visa. The main point of the Dublin agreement is that only one state, a member of this agreement, is responsible for dealing with your asylum case. The state that will be responsible for the examination is just the country that issued you a visa.
If all your efforts fail, and officials considering your case find it insufficiently supported by facts or illiterate, you will receive a notification of the need to immediately leave Spain and all the Schengen countries. In the future, it will be extremely difficult for you to obtain a visa to any EU country, since your data will be included in a special risk group.
Therefore, our council – in such an extremely complicated legal case as filing a petition for refugee status in Spain, only apply to highly qualified specialists, since the slightest inaccuracy or inaccuracy can permanently deprive you of the opportunity to enter the EU member states. For our part, we can offer you competent advice of our Russian-speaking lawyers who will appreciate your chances even before coming to Spain and, possibly, will offer you an alternative.
Service center in Spain.
The service center “Spain in Russian” will provide immigration services in Spain. Moving to Spain, obtaining a residence permit, citizenship, family reunification, adaptation in the country.
Other materials from the section “Immigration Law”
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