Date of publication:

09/25/2026

Spain

Do domestic laws and policies authorize asylum-seekers to be present and remain in the country, pending determination of their asylum application?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

The persons claiming international protection, temporary protection and stateless status in Spain are granted the right to stay in the Spanish territory while the outcome decision of their first-instance procedures is pending  as foreseen in Regulation (EU) 2024/1348 establishing a common procedure for international protection in the European Union and repealing Directive 2013/32/EU (Procedures Regulation), applicable since 12 June 2026. The Procedures Regulation establishes the right to appeal and its suspensive effect in its article 67 and 68.  The Instruction of the Ministry of Interior of June 11 2026 establishes the interpretative grounds whereby the application of the EU Pact on Migration and Asylum on June 12 2026, results in the derogation of the administrative appeal under Law 12/2009 on the right to asylum and subsidiary protection.  

General non-discriminatory measures, as described in the previous section, apply.

    LAW & POLICY

    Related provisions of domestic law or policy

    Law 12/2009 of October 30 regulating the Right to Asylum and Subsidiary Protection

    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