Date of publication:
09/25/2026
Spain
Do domestic laws and policies provide for the exclusion from refugee status of persons who are not in need of international protection?
Assessment by population
Analysis
Applicable EU law under Regulation (EU) 2024/1347 of 14 May 2024, on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (the Qualification Regulation) incorporates the exclusion criteria from Article 1E of the 1951 Refugee Convention. Thus, under EU relevant law, the persons already protected by the competent authorities of the country where their residence is established may be excluded from the refugee status and the subsidiary protection, if they have been granted the rights and obligations attached to -or equivalent to those attached to- the possession of the nationality of that country. The relevant law does not include provisions that may result in differences of treatment among refugees (Qualification regulation (EU) 2024/1347, Article 12(1b)).
Related provisions of domestic law or policy
Law 12/2009 of October 30 regulating the Right to Asylum and Subsidiary Protection
- Year: 2009
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2009/es/70353
Legal provision
Law 12/2009 of 30 October 2009, regulating the law of asylum and subsidiary protection Official Gazette No 263, 31 October 2009 Amended by: Law 2/2014 of 25 March 2014 Official Gazette No 74, 26 March 2014 - Generic
Law 12/2009 of 30 October 2009, regulating the law of asylum and subsidiary protection Official Gazette No 263, 31 October 2009 Amended by: Law 2/2014 of 25 March 2014 Official Gazette No 74, 26 March 2014 - Generic