legal and social conditions for asylum seekers and refugees in ...

esiding legally in Spain are entitled to social assistance under the same terms as Spanish
nationals (see “Social Conditions for Refugees” below).
Quota refugees
Spain has no permanent agreement with the UNHCR to accept a regular quota of refugees. The
Spanish government, however, accepted some small groups of Laotian and Vietnamese refugees
in the eighties as well as about 1,000 persons freed from concentration camps in the former
Yugoslavia in 1994. All these persons were granted refugee status.
Other types of residence permit
Leave to remain on humanitarian grounds or for reasons of public interest
According to Section 17(2) of the Asylum Act, asylum seekers whose applications have been
deemed inadmissible or rejected may obtain leave to remain in Spain on humanitarian grounds or
for reasons of public interest. This may apply in particular to persons “obliged to leave their
country of origin due to conflicts or serious disturbances of a political, ethnic or religious
character”, but who do not meet the conditions for Convention status.
There are no regulations with regard to the conditions required to obtain such status. In practice,
health problems, close family ties in Spain or very good social integration in the country following
an exceptionally long asylum determination procedure, have been considered as humanitarian
grounds. However, decisions are left to the discretion of the Ministry of Interior, and there is no
fixed policy in this matter. Cases where a residence permit is granted for reasons of public
interest are very rare.
Persons allowed to stay on humanitarian grounds (or for reasons of public interest) are issued
with a residence permit for exceptional circumstances under Section 53 of the 1996 Aliens
Regulation, valid for one year and renewable annually. After three years, if the reasons for
granting the permit still prevail, its holder will obtain an ordinary residence permit, valid for three
years.
For example the Cuban “boat-people” transferred from US bases in Panama and Guantánamo in
1995 were granted residence permits on humanitarian grounds.
Temporary protection for “groups of displaced persons
Paragraph 1 of the First Additional Provision of the Asylum Regulation states that groups of
displaced persons “who had been forced to leave their country of origin due to conflicts or serious
disturbances of a political, ethnic or religious character” may be accepted into Spain on
humanitarian grounds or in accordance with an international agreement or commitment.
The decision to accept these groups is taken by the Council of Ministers, based on a proposal
from the Minister for Foreign Affairs and on the advice of the Inter-Ministerial Commission for
Aliens Affairs (“Comisión Interministerial de Extranjería”). Displaced persons accepted into Spain
enjoy temporary protection until the conditions in their country of origin are safe enough for them
to return. They are protected against refoulement in accordance with Article 33 of the Geneva
Convention and qualify for refugee reception and integration programmes.
Residence and work permits are governed by the general legislation on aliens. According to
Section 31(2) of the new Aliens Act, displaced persons and recognised refugees are entitled to a
residence permit in Spain. Section 53(2) of the Aliens Regulation of 2 February 1996, which is still
in force, provides for the granting of a “residence permit under exceptional circumstances” to
displaced persons with temporary protection. Such residence permits are granted for one year
and are annually renewable. After three years of legal residence, and provided that the
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