Application for right of asylum


According to the asylum law, every foreigner (not citizen of an EU country) can apply for asylum, based on Spanish and international law. The asylum law, Law 12/2009 of October 30 that regulates the Right to Seek Asylum and the Subsidiary Protection (Substitutes Law 5/1984 ofMarch 26 on the Right of Asylum and the Refugee Status, also modified by Law 9/1994 of 19 of May), establishes that the national authority mainly responsible of the asylum issues is the Office of Asylum and Refuge (OAR for its acronym in Spanish). It depends on the General Sub-Direction of Asylum of the Interior Ministry and is in charge of registering the asylum applications, interviewing asylum seekers and preparing cases before the “Inter-ministerial Commission” or Eligibility Commission. OAR also refers asylum seekers and refugees to refugee reception centers (CARs for the acronym in Spanish). If the person submits the application in provinces the police authorities register the cases, collect the personal information and any documents or pieces of evidence that the person may have, contact the legal assistance for the interview and submit the cases to the central authority on asylum, OAR for the evaluation of the case.

The regulation that will implement the law is pending approval, thus the previous regulation is still temporary in use, as long as it does not contradict the new law and in case of contradiction, the law is applied directly. It is now a moment of readjustment, while institutions and other stakeholders get used to the new law and the new regulation is approved.

The person should summit an asylum claim at entry points and Centers of Internment of Migrants – CIEs- (for deportation of irregular migrants) in Madrid and in provinces and inside the territory, at OAR premises in Madrid. The person must claim asylum within a month of entering the country or the persecution act occur.

At the borders and CIEs:

Firstly the police register the case, request personal data, informs OAR and request the assistance of a lawyer. The person will be asked for their nationality, family and route of entrance. Even though illegal entry doesn´t constitute an infringement for asylum seekers, ID and travel documents will be requested to verify, if possible, country origin an personal data.

Inside territory:

OAR registers the case and performs the initial and the substantial interviews. Any pieces of evidence that will back the claim will be requested as well as ID and travel documents. If not in Madrid people can request asylum in any police station.

a)    Interview of the asylum seeker

b)    Examination procedure & decision-making process

3- Rights of the asylum seeker

a) Legal aid

b) Language used during the procedure

c) Interpreter

The conclusion could be:

1- The asylum application is granted

2- Rejected Applications Asylum seekers have two months to appeal.

If you need any help, don’t hesitate to contact us to ask for further information.