LEGISLATION

Spanish legislation on immigration

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Law 12/2009, of October 30, 2009, regulating the right of asylum and subsidiary protection.


Article 2. The right of asylum.
The right of asylum is the protection granted to non-EU nationals or stateless persons who are recognized as refugees in the terms defined in Article 3 of this Law and in the Convention relating to the Status of Refugees, done at Geneva on July 28, 1951, and its Protocol, signed in New York on January 31, 1967.


Article 3. Refugee status.
It establishes that "refugee status is granted to any person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, membership of a particular social group, gender or sexual orientation, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of the international community, does not wish to avail himself of the protection of such country, or a stateless person who, not having a nationality and being outside the country of his former habitual residence, for the same reasons is unable or, owing to such fears, does not wish to return to it, and is not subject to any of the grounds for exclusion in Article 8 or the grounds for refusal or revocation in Article 9.


Article 4. Subsidiary protection.
The right to subsidiary protection is that dispensed to persons from other countries and stateless persons who, without qualifying for asylum or being recognized as refugees, but in respect of whom there are serious grounds for believing that if they were to return to their country of origin in the case of nationals or to that of their former habitual residence in the case of stateless persons, they would face a real risk of suffering any of the serious harm provided for in article 10 of this Law, and who do not meet the conditions for asylum or recognition as refugees, and who do not meet the conditions for asylum or recognition as refugees, to that of their former habitual residence in the case of stateless persons, they would face a real risk of suffering any of the serious harm provided for in Article 10 of this Law, and who are unable or, because of such risk, unwilling to avail themselves of the protection of the country concerned, provided that none of the cases mentioned in Articles 11 and 12 of this Law apply.


Article 5. Rights guaranteed with asylum and subsidiary protection.
The protection granted with the right of asylum and subsidiary protection consists in the non-refoulement and non-expulsion of the persons to whom it has been recognized, as well as in the adoption of the measures contemplated in article 36 of this Law and in the regulations which develop it, in the regulations of the European Union and in the international
conventions ratified by Spain.


CHAPTER II. Entry: requirements and prohibitions
Who can benefit:
Article 4 of Law 12/2009 persons seeking international protection may be beneficiaries of the so-called subsidiary protection/asylum in those cases in which the authorities appreciate the existence of well-founded reasons to believe that if they were to return to their country of origin they would face a real risk of suffering any of the serious harm provided by law, despite not meeting the requirements to be recognized as refugees according to the 1951 Geneva Convention.


Who is an applicant for asylum/international protection?
A person who has filed an application for international protection (also called an asylum application) and has not received a final response (resolution) on his or her case from the Spanish authorities.

Until there is a final decision, any process of return, expulsion or extradition that could affect the applicant will be suspended.

This is known as the principle of non-refoulement ("non - refoulement" in French) and implies the right not to be returned to a place where the life or physical integrity of the asylum seeker
would be at risk.


Family reunification
It is a right recognized in Article 36.1. k) of Law 12/2009 to those persons who have been recognized as refugees or beneficiaries of subsidiary protection in Spain. Once they are beneficiaries of this right, the UNHCR Office in Spain may assist, depending on the country of origin in which the family members are located, in the necessary procedures to carry it out.


Resettlement in Spain
Refugees are not always able to return safely to their homes or to remain in the country in which they found protection. There are situations in which resettlement to a third country is the only safe and viable durable solution for refugees.


Law 12/2009, of October 30, 2009, regulating the right to asylum and subsidiary protection, establishes for the first time in Spain a section on resettlement:

"The protection framework provided for in this Law shall apply to persons received in Spain under Resettlement programs prepared by the Government of the Nation, in collaboration with the United Nations High Commissioner for Refugees, and, where appropriate, other relevant International Organizations. The Council of Ministers, at the proposal of the Ministers of the Interior and of Labor and Immigration, having heard the Interministerial Commission on Asylum and Refuge, shall agree annually on the number of persons who may be subject to resettlement in Spain under these programs".

Information for deaf migrants:
INFORMATIVE GUIDEBOOK FOR DEAF INMIGRANTS
http://www.cnse.es/inmigracion/index.php?lang=es

How to obtain Spanish nationality
http://www.cnse.es/nacionalidadespanola/

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