Asylum

Forcibly displaced and stateless persons are allowed to access the Spanish territory to seek protection through several means -transfers promoted by embassies and consulates, asylum border procedures and temporary protection. Furthermore, the penalisation of asylum seekers and beneficiaries of international protection for their irregular entrance or stay in Spain is forbidden. Access to asylum within the Spanish territory is guaranteed by the law, as well as fair asylum procedures in first instance and on appeal. Nevertheless, the lack of a regulation developing the asylum procedure may impact the rights of asylum seekers and beneficiaries of international protection. The Spanish law, in line with the EU, mirrors the 1951 Refugee Convention regarding its inclusion and exclusion criteria, as well as its grounds for the revocation and cessation of the refugee status. Apart from asylum, Spain recognises other forms of protection: subsidiary protection, temporary protection, and the authorisation to stay in Spain on humanitarian grounds. Asylum seekers are allowed to remain in the country, and beneficiaries of international protection are granted a residence permit. Non-refoulement and the prohibition of expulsion apply to them unconditionally. Conversely, individuals determined as not in need of protection may be required to leave Spain. In this regard, the Spanish authorities implement a programme for the voluntary return for third-country nationals in a situation of social or economic vulnerability, or those obliged to return by an administrative decision.