Reduction or withdrawal of reception conditions

Spain

Author

Article 33 of the Asylum Law, of provides that asylum seekers’ access to reception conditions may be reduced or withdrawn in the following cases, where:

  1. The applicant leaves the assigned place of residence without informing the competent authority or without permission;


  2. The applicant obtains economic resources and could deal with the whole or part of the costs of reception conditions or has any hidden economic resources;


  3. The resolution of the application for international protection has been issued, and is notified to the interested party;


  4. By act or omission, the rights of other residents or staff of the centres are violated;


  5. The authorised programme or benefit period has finished.

Usually, asylum seekers are rarely expelled from reception facilities, unless they accumulate breaches to the rules of conduct of the centres, causing the necessary mandatory abandonment of the centre. In this case, the management authority will start a procedure which foresees the hearing of the subject, who can make allegations or give explanations within a 15-day period, after which a decision is taken. Legal assistance is not foreseen during this process, as this is an internal procedure.

Refugees and asylum seekers can have their reception conditions reduced in case they do not participate and collaborate in the activities scheduled for their social and labour integration. In both cases beneficiaries sign a “social contract” where they commit to participate in these measures and accept this as a requirement to benefit from the different sources of support provided.

There have been reported cases of arbitrary or non-motivated sanctions and punishments in the Melilla CETI, where motivations or criteria for withdrawal of reception conditions are not clear.1

Reception conditions are never limited due to large numbers of arrivals. Instead, emergency measures are taken and asylum seekers are provided new available places where they can be hosted (see section on Types of Accommodation).

  • 1. Amnesty International, El asilo en España: Un sistema de acogida poco acogedor, May 2016, available in Spanish at: https://goo.gl/G1YtPi, 37.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti