Differential treatment of specific nationalities in the procedure


Country Report: Differential treatment of specific nationalities in the procedure Last updated: 30/11/20


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Within the context of relocation, it was observed that SEF generally granted subsidiary protection to Syrians and refugee status to Eritreans.

In the course of 2019, CPR observed that, in a significant number of applications lodged by Venezuelans, SEF deemed the applications unfounded within accelerated procedures,[1] and referred the cases to regularisation procedures through the humanitarian clause of the exceptional regularisation regime of the Immigration Act.[2] According to these decisions, this was done due to the political, social and humanitarian crisis in the country and its impacts in the regular functioning of institutions and public services. While further information on the conduct of such procedures was not available to CPR at the time of writing, this is an uncommon practice from the authorities that was only systematically applied to Venezuelans.[3]

SEF did not share statistics on the adoption of decisions granting humanitarian protection in 2019.

[1] Of the 49 cases where CPR was informed of decisions on the admissibility of applications lodged by Venezuelans, 33 were refused in an accelerated procedure.

[2] Article 123 Immigration Act.

[3] The decisions analysed do not clarify whether such procedures are triggered automatically by SEF and if residence permits on humanitarian grounds are effectively granted.


Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation