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

Decisions made on the basis of the Dublin Convention may be appealed, though without
suspensive effect, and so far there has been no case where a decision of inadmissibility based on
Dublin Convention grounds has been overruled by the Court. In practice, many applicants evade
transfer and remain illegally in Spain.
If the requested State rejects its responsibility, the asylum seeker will automatically be transferred
to the Spanish asylum determination procedure.
Applicants processed under the Dublin Convention are treated as the other asylum seekers and
are entitled to the same social rights (see “Social Rights for Asylum Seekers” below).
Entry into the territory
Every alien is entitled to apply for asylum in Spain upon arrival or at any time during his/her stay
in the country. Those persons seeking asylum will not be returned or expulsed until a final
administrative decision has been taken on their claim, and those who attempt to enter Spanish
territory unlawfully with the purpose of seeking asylum cannot be punished for it.
However, asylum seekers who enter the country illegally are requested to submit their
applications within one month of entry. Those who entered legally must submit their applications
within the time of their allowed stay. An asylum application lodged beyond the prescribed time
limit may be rejected as inadmissible in accordance with Section 7(2) of the Asylum Regulation.
However, late applicants may combat this presumption by providing a reasonable explanation for
not having met the deadline.
Admissibility procedure within the country
All applications for asylum submitted within the country undergo a preliminary procedure in order
to decide if they are admissible or not. With the exception of time limits, this procedure is the
same as the border procedure.
According to Section 5(6) of the Asylum, an application may be deemed inadmissible if the
existence of any of the following circumstances can be clearly and undoubtedly established:
(a) the asylum claim falls under the provisions of Articles 1F and 33(2) of the 1951 Geneva
Convention;
(b) it is based on grounds, which are not related to the granting of refugee status;
(c) the claim is simply repeating a former one already rejected, and circumstances in the country
of origin have not changed since that first rejection took place;
(d) the claim is based on manifestly false or unbelievable facts, data or statements; or they are
outdated and do not justify a need for protection;
(e) Spain is not responsible for examining the application for asylum in accordance with
international instruments on the matter;
(f) the applicant has previously been recognised as a refugee by another state, or would have
the right to reside or be granted asylum in another state.
Spanish authorities do not operate with a list of “safe third countries” and “safe countries of
origin”. However, paragraph (d) above allows for a rejection on “safe country of origin” grounds,
whilst paragraph (f) make it possible to declare an application inadmissible on “safe third country”
grounds. In practice, only Western European countries, USA and Canada are considered ‘safe’
for this purpose.
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Spain