Asylum or Shelter
The Law regulating the Right of Asylum and Subsidiary Protection, Asylum, recognized in Article 13.4 of the Spanish Constitution, is the protection granted by Spain to non-EU nationals or stateless persons who are recognized as refugees in accordance with this Law, the Geneva Convention of 1951 and the New York Protocol of 1967.
To whom is asylum granted?
The right of asylum is granted to those who have the status of refugeesThe term "stateless person" means a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, membership of a particular social group, gender or sexual orientation, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country, or a stateless person who, not having a nationality and being outside the country of his former habitual residence, is outside the country of his former habitual residence, for the same reasons cannot or, because of these fears, does not want to return to it.
Remember that you can always contact us from anywhere in the world.
What do you need to prove to be granted the right of asylum?
Acts based on a well-founded fear of persecution for reasons of race, religion, nationality, political opinion, membership of a particular social group, gender or sexual orientation shall:
- 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
- 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.".
Acts of persecution may take the following forms, among others:
- Acts of physical or psychological violence, including acts of sexual violence.
- Legislative, administrative, police or judicial measures that are discriminatory in themselves or that are applied in a discriminatory manner.
- Prosecutions or penalties that are disproportionate or discriminatory.
- Denial of judicial protection resulting in disproportionate or discriminatory penalties.
- Prosecutions or penalties for refusal to perform military service in a conflict in which the performance of such service would entail crimes or acts included in the exclusion clauses established in the second paragraph of Article 8 of Law 12/2009, of October 30, 2009, regulating the right of asylum and subsidiary protection.
- Acts of a sexual nature involving adults or children.
The following elements will be taken into account in assessing the reasons for persecution:
- The concept of race (color, origin or belonging to a certain ethnic group).
- The concept of religion (theistic, non-theistic and atheistic beliefs, participation in or abstention from worship -individually or in community-, acts or expressions involving an opinion of a religious nature, or forms of personal or community conduct based on or mandated by any religious belief).
- The concept of nationality (belonging to a group determined by its cultural, ethnic or linguistic identity, its common geographical or political origins or its relationship with the population of another State).
- The concept of political opinions (profession of opinions, ideas or beliefs on a matter relating to potential agents of persecution and their policies or methods, whether or not the applicant has acted in accordance with such opinions, ideas or beliefs).
- A group shall be considered to constitute a particular social group if, in particular: The individuals in that group share an innate characteristic or common background that cannot be changed, or share a characteristic or belief that is so fundamental to their identity or consciousness that they cannot be required to give it up, and that group has a distinct identity in the country concerned because it is perceived as different by the surrounding society or by the persecuting agent(s).
REMEMBER
For the recognition of the right to asylum or the granting of subsidiary protection, a well-founded fear of being persecuted or a real risk of suffering serious harm may also be based on events or activities in which the applicant has participated, in an expressly unintentional manner, 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 appointments?
Download the following PDF
Contact us for more information | Request advice today
Address: Velázquez Moreno 3, Bajo A, CP 36201, Vigo Pontevedra.
Telephone numbers: (+34) 612 48 40 27
Email: info@krabogada.com
International Protection
Asylum denied? You can continue to work if you appeal and do not get a final decision.
The Ministry of Inclusion, Social Security and Migration has accepted the opinion of the Ombudsman, expressed in a report, and has issued instructions to
Are you in the asylum process and want to change your status? or Have you already been denied?
It is not always possible to change the status of Stay from that of an Application for International Protection to that of Residence in Spanish territory. These are some of the
What to do if your asylum has been denied and the humanitarian grounds
This is a reality that all asylum seekers may face, so if this happens to you, don't despair, and do not be afraid.
IMPORTANT
From our office we offer you the necessary legal guidance to assess whether you are a candidate to apply for international protection (asylum and refuge), we accompany and guide you throughout the process, from the interview to its resolution.
Remember that you can always contact us:
Address: Velázquez Moreno 3, Bajo A, CP 36201, Vigo Pontevedra.
Telephone numbers: (+34) 612 48 40 27
Email: info@krabogada.com
Spanish
English