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SPAIN
The Inter-ministerial Commission on Aliens Affairs, installed in 1995, was reorganized and
modernized in 2000. The Commission includes 27 members from the Ministries of: Treasury,
Education, Culture and Sports, the Prime Minister’s Office, Public Administration, Health and
Consumer Affairs, and Economics. The increase in size from five to 27 members is significant
and could lead to a slow down of decision-making.
Forced return is executed by the Aliens Division of the National Police (border police) and the
local police authorities. The border police is also responsible for conducting interviews of asylum
seekers applying at the border; while the local Office for Asylum and Refugees conducts the
interviews at Madrid Barajas Airport. It is also the Office for Asylum and Refugees which regularly
trains border police in asylum law and procedure.
Operational Steps for Involuntary Return
There are currently no financial responsibilities on carriers for removal costs. Escorts are always
used for removals by air, in order to ensure safety of the aircraft and minimize disruption for
other passengers. There are two escorts per detainee, and the escorts are always police officers.
In addition, Spain has funded transport of immigration staff from countries whose nationals
need to be removed, but who hold no valid travel document. The intention (which has proved
successful) is that the Immigration Department staff, with a view to satisfying themselves about
the individuals’ identity, nationality or citizenship, should make on-site enquiries and help identify
nationals for forced return. This facilitates issue of travel documents.
Charter flights were used in the past for removals to Romania, Nigeria, Ecuador and Colombia.
Charters belong to private companies and Armed Forces aircraft are never used. Joint charter
flights have to date been undertaken with France and Germany.
Prosecution and Detention Procedures
In practice, detention of asylum seekers occurs mainly at the border. The relevant authorities are
obliged ex lege to decide within five days whether to allow or refuse entry into Spain. After five
days, expulsion must occur within 72 hours of the decision of rejection.
The travel documents of deported or expelled migrants are stamped to prohibit them from
re-entering Spain for a period of three to ten years, depending on the severity of the breach of
law, or as determined by a court. There are three categories of breaches. The more lenient ones
include failure to renew residence or work permits while more severe ones include the trafficking
of human beings.
Framework Agreements with Countries of Origin or Transit
Spain has readmission agreements with Morocco, Colombia, Ecuador, the Dominican Republic,
Poland, Romania and Nigeria. These agreements, with the exception of the Nigerian agreement
on repatriation also make provision for the inclusion of nationals of these countries on the “preference
list” of regular migrant workers authorized to enter Spain every year under a quota.
They regulate labour opportunities and provide for the communication of employment offers,
the assessment of professional requirements, travel, and reception. They also work to enhance