International Protection (ASYLUM)

What is international protection and in which cases can it be requested in Spain?

The international protection is a right recognized by Spanish and international law that seeks to safeguard those who flee their country due to a well-founded fear of persecution. In Spain, this right covers two main modalities: asylum y subsidiary protection.

Asylum

Asylum is granted to those who are persecuted in their country of origin for reasons of race, religion, nationality, membership in a particular social group or political opinion. This type of protection is based on the 1951 Geneva Convention and in the Spanish Asylum Law (Law 12/2009)which establishes the criteria and procedures for the recognition of refugee status.

Subsidiary protection

This type of protection is for those who do not meet all the requirements for asylum, but who, if returned to their country, would be at risk of serious harm, such as the death penalty, torture or indiscriminate violence in situations of armed conflict.

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Who can apply for international protection?

Persons who fear for their life or freedom may apply for international protection. The following shall not be considered as discrimination on the basis of race, religion, nationality, political opinion, membership in a particular social group, gender or sexual orientation:

1. Be sufficiently serious by its nature or repeated nature as to constitute a serious breach of the fundamental rights protected by Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or
2. Be a sufficiently serious accumulation of several measures, including human rights violations, to affect a person in a manner similar to that mentioned in letter "a.".

Application procedure for international protection in Spain

1. Submission of the applicationThe application process is initiated by submitting a formal request to an authorized office. During this process, an initial interview is conducted to learn the reasons for the request.
2. First phase of admissionAfter submitting the application, the authorities will evaluate whether it meets the minimum requirements to be admitted for processing. At this stage, the applicant receives a temporary document authorizing him/her to stay in Spain while his/her case is being studied.
3. Background studyIf admitted, the substantive evaluation of the application begins. During this time, the conditions in the applicant's home country are investigated and the reasons for the applicant's fear of return are examined.
4. DecisionFinally, the Spanish authorities issue a decision which can be of three types: granting of asylum, subsidiary protection or refusal. In case of rejection, the applicant has the right to appeal the decision.

Rights of applicants for international protection

From the moment a person applies for international protection in Spain, he/she acquires certain rights, such as:

• Temporary permanence in the country until your application is resolved.
• Social assistanceThe program includes financial support and housing in shelters in some cases.
• Access to health care on an equal footing with Spanish citizens.
• Possibility of working from six months after the start of the application process, provided that the procedure has not been concluded.

Recommendations for applicants for international protection

Applying for asylum or subsidiary protection in a foreign country can be a lengthy and emotionally complex process. It is essential to have adequate preparation to present documents and evidence to support the reasons for persecution, such as:

• Medical reports in case of physical or psychological damage.
• Documentary evidencesuch as photographs, newspaper clippings, or other official documents that support the at-risk situation.
• Witness statements or reports from human rights organizations confirming the situation in the country of origin.

In addition, it is advisable to have legal counsel to guide the process and ensure that all rights of the applicant are respected.

REMEMBER

International protection is a crucial way to safeguard the rights and lives of those who, for reasons beyond their control, are forced to leave their countries. At KR Abogados, we specialize in advising and accompanying applicants for international protection in Spain, helping them to understand and navigate this complex process so that they can live in a safe and dignified manner. If you would like to learn more about this right or need personalized assistance, we are here to help you. The risk of persecution or the real risk of suffering serious harm may also be based on events or activities in which the applicant has participated, expressly unintentionally, after leaving the country of origin or, in the case of stateless persons, the country of habitual residence, especially if it is demonstrated that such events or activities constitute the expression of convictions or orientations held in the country of origin or habitual residence.

Do you want to know how and where to request your asylum appointment?

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