Once your application has been accepted, the law stipulates that a decision must be reached within a period of six months. However, the process usually takes longer than that. If there is a delay, they must inform you about the reasons for the delay. Remember that you have the right to see your record. To do this, consult with a lawyer.
The Government is the competent authority in Spain in relation to asylum and refuge. The Ministry of the Interior, following the proposal made by the Inter-Ministry Commission for Asylum and Refuge (CIAR), is in charge of deciding on applications for asylum submitted in Spain after they are examined by the Office of Asylum and Refuge (OAR).
What kind of responses can I receive about my asylum application?
There are several responses – both positive and negative – that the Spanish state may issue in relation to your asylum application.
- Refugee Status granted: When Refugee Status is granted, the State is granting the international protection recognised in the 1951 Geneva Convention; you are therefore considered a refugee. To receive this kind of protection, you need to prove that you have suffered individual persecution as set out in the convention and reproduced in Spanish Law 12/2009, of 30 October, regulating the right to asylum and subsidiary protection.
- Subsidiary protection granted: This is another form of international protection contemplated in the Spanish asylum law. This type of protection is granted when the applicant is not being directly persecuted for the reasons explained above, but there is a situation in his/her country of origin that jeopardises his/her life or physical integrity.
- Granted for humanitarian reasons: Strictly speaking, this is not a form of international protection, but rather an authorisation of temporary residence under exceptional circumstances, which may be granted for humanitarian reasons. This category may include people who are sick and have no access to essential treatment in their country of origin, without which they would be at risk of suffering serious harm.
- Shelved: The asylum application procedure is shelved when the applicant withdraws or stops pursuing the application for international protection. This happens when the applicant fails to respond within the thirty-day deadline to requests to provide essential information for the application procedure, does not appear at a personal hearing to which he/she was summoned, or does not appear to renew his/her documentation, unless the applicant can prove that this conduct was due to circumstances beyond his/her control.
- International protection denied: A denial of the asylum application means that the Spanish state does not recognise the person’s need to receive international protection. Denial of asylum involves notification of a compulsory order to leave Spanish territory, deportation, or transfer to another country responsible for examining the application under the Dublin Convention. If you disagree with the decision to deny your application, you may file an administrative appeal. We recommend that you contact your lawyer to do this.
- Applications for extension to family members: Applications for extension to family members may be accepted or denied.
What happens if I am denied international protection?
In this case, you must leave Spain within 15 days, unless you have some other kind of residence permission. You may also file an appeal before a court against the denial of your asylum application, in which case you should consult with a lawyer.