Author
In practice there are no specific nationalities automatically considered to be presenting well-founded or unfounded applications.
Venezuela
In 2018, the Audiencia Nacional provided additional guidance on the legal status of Venezuelans in Spain. According to the judgments, the socio-politic and economic crisis in Venezuela entitles Venezuelan asylum seekers to a residence permit in Spain under humanitarian reasons.[1]
In 2024, out of a total of 33,432 first instance decisions on humanitarian grounds, 32,786Venezuelans obtained a residence permit on humanitarian grounds, while no information is available on how many Venezuelans obtained any form of international protection at the time of writing, as Venezuela is not within the top 5 nationalities disaggregated in the available figures.[2]
Lawyers have expressed deep concerns regarding the individual assessment of asylum claims lodged by Venezuelans, as some of them were granted a residence permit on humanitarian grounds despite being entitled to refugee status (e.g. in the case of political opponents). In addition, it appears that some applications for international protection have been rejected because asylum seekers have a police record (not a criminal record).[3]
In a decision taken in March 2021, the Supreme Court (Tribunal Supremo) established that the general situation of crisis in Venezuela does not amount to an individual persecution or to a serious harm justifying the recognition of international protection. Instead, the Court established that the severe economic conditions of the country – affected by food shortages and high unemployment rates – justify granting a residence permit for humanitarian reasons.[4]
Following the presidential elections in July 2024, the opposition leader Edmundo Gonález fled Venezuela and reached Spain in September, to apply for asylum. A warrant for his arrest was issued in Venezuela after he disputed the presidential election result.[5]
Syria
Another non-official practice of differential treatment concerned, until 2020, applications presented by Syrian nationals, who were in their vast majority granted subsidiary protection, and no case-by-case assessment was realised on the requirement to receive international protection. It should be noted, however, how this trend seemingly inverted in 2021, when 460 refugee statuses were recognised to Syrian nationals, compared to 265 cases in which subsidiary protection was recognised.[6] The same trend continued in 2022, when 1,019 Syrians were granted refugee status[7], which might be partly due to the fact that very few Syrian applicants’ cases were examined.
Following the ousting of Bashar Al Assad and the decision of some EU Member States to temporarily halt the resolution of asylum applications lodged by Syrians, the Spanish Government announced that no suspension would occur in Spain.[8]
Honduras and El Salvador
Another situation that can be highlighted is that of persons fleeing from gangs (Maras) in Central American countries, who were not granted international protection in previous years. In 2017 the Audiencia Nacional recognised subsidiary protection in different cases regarding asylum applicants from Honduras and El Salvador.[9] At the beginning of 2018, the Audiencia Nacional issued another important decision on the matter and revised its jurisprudence in relation to asylum applicants from Honduras.[10] In light of the 2016 UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Honduras, the Court concluded that the situation in Honduras can be considered as an internal conflict and that the Honduran State is not able to protect the population from violence, extortion and threats carried out by the Mara Salvatrucha gang.
In different decisions adopted in July 2022, the Audiencia Nacional denied protection to asylum applicants from Honduras and El Salvador who fled their countries due to threats from the maras. The Court agreed with the criterion used by the Minister of Interior, considering that such threat is a matter of common criminality which does not amount to persecution, and recognising the efforts that the two countries are carrying out to fight against such violence.[11]
Only some applicants from Honduras and El Salvador with specific profiles (i.e. former police officers, former staff of law enforcement agencies, human rights defenders, LGTBI+ individuals, gender-based violence victims) were granted protection.[12]
Colombia
In the last years, asylum seekers from Colombia frequently received a differential treatment due to nationality, as they were systematically denied asylum due to the situation in the country being considered to be critical only because of the widespread criminality, instead of acknowledging the presence of organised armed groups. In addition, similar cases of persecution (i.e. for political grounds) have received different outcomes (i.e. granting of international protection or denial).[13] Accem noticed improvements in the recognition of international protection to women victims of gender-based violence.[14]
Afghanistan
After the withdrawal of US troops from Afghanistan in mid-August 2021, Spain started to evacuate Afghans who had worked with Spanish troops and aid workers. The plan (Operación Antígona), managed by the Ministers of Interior, Foreign Affairs and Defence, entailed their transfer from Kabul to Spain with different flights,[15] as well as their reception and granting of either refugee status or subsidiary protection.[16] The Spanish military base in Torrejón (Autonomous Community of Madrid) worked as a hub for the Afghan refugees who were later transferred to the US or other EU countries.[17] Different Spanish Autonomous Communities offered places for the reception of Afghans, with a special concern for women and children. After the temporarily reception of maximum 72-hours at the Torrejón military base,[18] Afghan refugees were referred to centres or apartments in the framework of the international protection reception system.[19] At the Torrejón facility, the Spanish Red Cross provided the first temporary assistance to refugees.
By the end of August 2021, the Spanish Government had transferred more than 2,200 Afghans to Spain. Around 1,700 applied for international protection, and many were referred to the reception asylum system.[20] One-third of them were under 15 years of age.[21]
The MISSM concluded the referral of Afghans to different reception facilities across the countries by mid-November, and the military base of Torrejón was dismantled.[22] Afghans applicants in Spain have been required to make an asylum application through the usual channels.[23] The Asylum Office (OAR) prioritised the first interview with Afghans applicants for the formalisation of the international protection application. It has to been underlined that interviews were carried out in a complete and detailed manner, also taking into account different characteristics (i.e. belonging to a minority group) and vulnerabilities of applicants. Additionally, the assessment phase was quicker than usual.[24]
In January 2022 the National High Court adopted a decision granting subsidiary protection to the appellant,[25] as it considered that, as far as the conflict in Afghanistan continues and it is not possible to find an internal flight alternative due to the total control of the country by the Taliban regime, the existing violence creates a real risk of suffering serious and individual threats against the life or security of civil population, and that sometimes this real risk may simply exist due to the presence of the applicant in the territory. Such a decision represents a change of criteria in relation to the international protection mechanisms for Afghan nationals in Spain, and has been adopted taken into consideration the UNHCR recommendations after the evacuation of August 2021.
At the end of 2022, a group of 27 Afghan female public prosecutors arrived to Spain from Pakistan together with their families, in an action coordinated by the Spanish Minister of External Affairs and thanks to the initiative of a group of Spanish judges and public prosecutors.[26]
In December 2022, the political party Unidas Podemos presented a parliamentary request aimed at gathering more information and devising solutions in relation to the problems that Afghan nationals are facing at the Spanish embassies in Pakistan and Iran for applying for asylum.[27]
Following a parliamentary request, in March 2023 the Government reported that 1,500 Afghans arrived to Spain since August 2021 after applying for asylum at Spanish embassies in Iran and Pakistan.[28]
In October 2023, the NGO CEAR denounced the return from Pakistan to Afghanistan of seven Afghans who are family members of an Afghan refugee in Spain, who had been waiting for 2 years for the Spanish authorities to decide on their family reunification request.[29]
In 2023, a total of 1,120 Afghans were granted international protection.[30]
In January 2024, the Supreme Court (Tribunal Supremo) urged the immediate transfer of eight Afghans from Pakistan to Spain, who were already granted a safe conduct by the Spanish Ministry of Foreign Affairs and were waiting for their transfer since 2021.[31]
In February, the Public Prosecutor Office asked the National Court (Audiencia Nacional) to transfer to Spain an Afghan public prosecutor who was working on counterterrorism, as her life is in danger.[32] The National Court ordered the Spanish Ambassador in Pakistan to provide the woman and her son the appropriate documents to reach Spain.[33]
With a decision issued in February, the Supreme Court (Tribunal Supremo) asked for the urgent transfer of an Afghan family from Pakistan to Spain.[34]
On the occasion of the 3-years anniversary of the Talibans takeover, CEAR called on the Spanish Government to foster the possibility for Afghans to apply for international protection at Spanish embassies and consulates in third countries, such as Pakistan.[35]
In October, the political party PSOE reaffirmed its commitment in protecting human rights of Afghans nationals, especially women and girls, and in facilitating their access to asylum in Spanish embassies and consulates.[36] During the same month the Congress, following a request made by the PSOE, condemned the gender apartheid in Afghanistan.[37]
In November, the Senate approved a motion to urge the Government to initiate a process at the International Criminal Court to condemn the institutional violence against Afghan women.[38]
During the last months of 2024, the National Court (Audiencia Nacional) obliged different Spanish embassies to facilitate the transfer to Spain of Afghans (mainly women) fleeing from the Taliban regime.[39]
In occasion of the 2025 International Women’s Day, Amnesty International, while recognising the efforts made by Spain in hosting Afghan women fleeing the country, called on the Government to improve the asylum reception system in order to take into consideration also the specific challenges that Afghan women face (i.e. recognition of degrees, the scarcity of interpreters, etc.). According to the information released by the NGO, from January 2024 to February 2025 Spain has recognised refugee status to 418 Afghan women and subsidiary protection to 42.[40]
Additional information on the initiatives and actions put in place for the protection of Afghan refugees can be found in the previous updates of this report (AIDA 2022 update and AIDA 2023 update).
Russia
Following the call to arms by the Russian President in November 2022, around 200 Russian draft evaders reached Spain to seek protection.[41] No information on the treatment of such cases is available at the time of writing. In any case, they would have the possibility to access the asylum procedure.
Ukraine
Concerning the response to the outbreak of war in Ukraine in February 2022, see the Temporary Protection Annex to the report.
Palestine
At the beginning of 2024, Accem started running the Gaza Project, funded by the Directorate-General of Spanish Citizens Abroad and Return Policies of the Spanish Ministry for Inclusion, Social Security and Migration, and aimed at Spanish citizens returning from Gaza. In early 2024, the project involved a total of 119 people, mostly women (54%) and children (43%). Accem provides reception, legal assistance, Spanish lessons, access to the job market, as well as access to other services, with the aim of fostering their reintegration. As of 14 August 2024, 3 of the 119 persons had been granted subsidiary protection, one was granted international protection, and 18 applied for international protection, while the other four applied for residence permits and Spanish nationality. Twenty were left undocumented. However, it is important to note that, since the beginning of the project, the administrative situation of some beneficiaries has changed, or may change.[42]
In June, following an appeal by the World Health Organisation, the Spanish Government announced the creation of a special mechanism for the reception and health care of Gazan children affected by oncological pathologies or severe trauma resulting from the war, accompanied by their families or guardians. This is a coordinated action mechanism through the Emergency Response Coordination Centre, in which several ministries participate: the Ministry of Foreign Affairs, European Union and Cooperation; the Ministry of the Interior; the Ministry of Defence; the Ministry of Health; and the Ministry of Inclusion, Social Security and Migration. The MISSM (Ministry of Inclusion, Social Security and Migration), through the Directorate General of Migration Management of the Secretariat of State for Migration, will manage the reception and psychosocial care of children and their families in Spain, a task that has been entrusted to Accem under the Cunina Project (“Psychosocial care for families with children in need of urgent health care from Gaza”). The main objective is to promote the welfare of children and their families in Spain, guaranteeing the coverage of basic needs and psychosocial accompaniment, facilitating the development and provision of relevant social care. Accem will manage the provision of different services and actions for the children and their families: temporary shelter: accommodation, food and coverage of basic needs; comprehensive care: information and guidance, social accompaniment; psychological care; legal support; translation and interpretation services. The project continued in 2025, under the name ‘Aman’.[43]
Patients and their families arrived in Spain on 24 July 2024 from Cairo (Egypt), and the project is expected to last approximately three months. The project is aimed at a group of 12 Gazan families whose children require urgent health care due to serious pathologies (cancer patients and severe trauma). There are 43 people: 16 patients (15 children and one adult), and 27 accompanying persons. Patients will be cared for in hospitals in the regions of the Basque Country (Barakaldo and Donostia), Castilla-La Mancha (Toledo), Austurias (Oviedo), Navarre (Pamplona) and Madrid (Gómez Ulla Central Defence Hospital). Accem will accompany and provide psychosocial care to children and their families through specialised teams, coordinated from the organisation’s headquarters in Madrid.[44] By the end of 2024, Accem supported a total of 14 families.[45]
In August, a group of 26 Palestinians applied for asylum at the Spanish Embassy in Cairo (Egypt).[46]
In October, the Spanish prime Minister called on EU member states to suspend the free trade agreement with Israel, due to its actions in Gaza and Lebanon.[47]
In December, the Platform of Jurists for Palestine submitted to the Spanish Congress a manifesto signed by more than 1,000 judges, lawyers and public prosecutors in which they call for the Spanish Government to adopt effective and concrete measures to stop its collusion with Israeli occupation.[48]
In February 2025, around 500 people who fled Gaza and the West Bank were present in the Spanish asylum and reception system.[49]
In March, false claims circulated on social media suggesting that individuals with ‘refugee from Gaza’ status would receive a monthly salary of €1,600 for 10 years. Some media outlets responded by debunking the misinformation and providing accurate details on the issue.[50]
According to the available information, Palestinians in Spain are granted international protection.[51]
Lebanon
Following the Israel’s attacks on Lebanon, the Minister of Inclusion, Social Security and Migration launched a program to urgently assist families evacuated to Spain. Accem is the NGO in charge of assisting the 54 Spanish-Lebanese persons arrived in Spain at the beginning of October 2024.[52]
[1] Audiencia Nacional, Decisions SAN 2522/2018, 26 June 2018; SAN 4063/2018, 8 October 2018; SAN 4060/2018, 18 October 2018.
[2] Ministerio del Interior, Subsecretaría del Interior, Dirección General de Protección Internacional, ‘Avance de datos de protección internacional, aplicación del Reglamento de Dublín y reconocimiento del estatuto de apátrida. Datos provisionales acumulados entre el 1 de enero y el 31 de diciembre de 2024’, January 2025, available here.
[3] Information provided by the legal services of Accem on February 2021.
[4] Tribunal Supremo, Decision 352/2021 (STS 1052/2021), 11 March 2021, available here.
[5] BBC, ‘Venezuelan opposition leader lands in Spain after fleeing homeland’, 8 September 2024, available here.
[6] Eurostat, First instance decisions on applications by citizenship, age and sex. Annual aggregated data (rounded)[migr_asydcfsta], available here.
[7] Ministerio del Interior, Oficina de Asilo y Refugio (OAR); ‘Asilo en cifras 2022’, November 2023, available here.
[8] The Objective, ‘El Gobierno descarta suspender los trámites de asilo a ciudadanos sirios en España’, 10 December 2024, available here.
[9] Audiencia Nacional, Decision SAN 5110/2017, 22 November 2017; SAN 5189/2017, 22 November 2017; SAN 3930/2017, 14 September 2017.
[10] Audiencia Nacional, Decision SAN 508/2018, 9 February 2018.
[11] Heraldo, ‘La amenaza de las “maras” no es suficiente para lograr asilo en España’, 9 August 2022, available here; Audiencia Nacional. Sala de lo Contencioso, SAN 3412/2022, 13 July 2022, available here.
[12] Information confirmed by Accem’s legal service in February 2025.
[13] Information provided by the legal service of Accem in February 2022.
[14] Information provided by Accem’s legal service in April 2024 and confirmed in February 2025.
[15] Newtral, ‘Un segundo avión procedente de Kabul trae a 110 afganos a España’, 20 August 2021, available here; El Diario, ‘Un tercer avión español con refugiados afganos llega este sábado a Madrid desde Kabul’, 21 August 2021, available here; Cadena Ser, ‘Aterriza en Torrejón un nuevo vuelo con 292 afganos evacuados por España’, 25 August 2021, available here; Cadena Ser, ‘Aterriza el avión con los últimos evacuados de Afganistán en la base de Torrejón de Ardoz’, 27 August 2021, available here.
[16] El País, ‘España prepara la evacuación de afganos que trabajaron para sus militares y cooperantes’, 11 August 2021, available here.
[17] Newtral, ‘Así será la acogida de refugiados afganos que ha ofrecido España’, 18 August 2021, available here; Cadenaser, ‘España acogerá en Rota y Morón a un máximo de 4.000 colaboradores afganos de EEUU durante dos semanas’, 23 December 2021, available here.
[18] ECRE, Afghans seeking protection in Europe. ECRE’s compilation of information on evacuations, pathways to protection and access to asylum in Europe for Afghans since August 2021, December 2021, available here.
[19] El Diario, ‘El Gobierno acelera la acogida de refugiados afganos: “La prioridad es sacarles de Torrejón lo antes posible”’, 23 August 2021, available here.
[20] Público, ‘Más de 1.700 personas evacuadas de Afganistán solicitan protección internacional en España’, 27 August 2021, available here; Público, ‘La mitad de los refugiados afganos llegados a España piden protección internacional en nuestro país’, 23 August 2021, available here; The Objective, ‘Más de 1.700 de los afganos que llegaron a España están en el sistema de acogida aprendiendo el idioma’, 4 December 2021, available here.
[21] El Diario, ‘Un tercio de los refugiados afganos evacuados y acogidos en España son menores de 15 años’, 2 September 2021, available here.
[22] El Confidencial Autonómico, ‘La base aérea de Torrejón, despejada después de atender a los últimos 240 afganos’, 16 November 2021, available here.
[23] ECRE, Afghans seeking protection in Europe. ECRE’s compilation of information on evacuations, pathways to protection and access to asylum in Europe for Afghans since August 2021, December 2021, available here.
[24] Information provided by the legal service of Accem on February 2022.
[25] Audiencia Nacional. Sala de lo Contencioso, SAN 250/2022, 13 January 2022, available here.
[26] Epe, ‘Las fiscales afganas objetivo de los talibanes y auxiliadas por Exteriores llegan a España’, 27 December 2022, available here.
[27] Mundo Obrero, ‘UP alerta sobre los problemas de las personas huidas de Afganistán que solicitan asilo en las embajadas de Pakistán e Irán’, 30 December 2022, available here.
[28] Europa Press, ‘El Gobierno ha facilitado la llegada a España de 1.444 afganos que huían de los talibán desde Irán y Pakistán’, 6 March 2023, available here.
[29] CEAR, ‘CEAR denuncia la devolución de una familia a Afganistán que había solicitado ser reagrupada en España’, 17 October 2023, available here.
[30] Ministerio del Interior, ‘Avance de datos de protección internacional, aplicación del Reglamento de Dublín y reconocimiento del estatuto de apátrida. Datos provisionales acumulados entre el 1 de enero y el 31 de diciembre de 2023’, January 2024, available here.
[31] La Razón, ‘El TS ordena a la embajada española en Pakistán el traslado urgente de ocho afganos que tienen un salvoconducto de Exteriores’, 9 February 2024, available here.
[32] Europa Press, ‘La Fiscalía pide traer a España a una fiscal antiterrorista afgana que huyó a Pakistan cuando llegaron los talibán’, 13 February 2024, available here.
[33] Poder Judicial, ‘La Audiencia Nacional ordena al embajador en Pakistán que dote a una fiscal antiterrorista afgana y a su hijo de documentación para trasladarse a España’, 11 April 2024, available here.
[34] Tribunal Supremo. Sala de lo Contencioso, STS 680/2024 – ECLI:ES:TS:2024:680, 6 February 2024, available here.
[35] CEAR, ‘Afganistán, tres años buscando refugio del “apartheid de género”’, 14 August 2024, available here.
[36] PSOE, ‘El Grupo Socialista reafirma su apoyo a las mujeres en Afganistán y se compromete a continuar trabajando para evitar que se vulneren sus derechos’, 6 October 2024, available here.
[37] PSOE, ‘El Congreso condena, a instancias del Grupo Socialista, el “apartheid de género” en Afganistán’, 29 October 2024, available here.
[38] Europa Press, ‘El Senado insta al Gobierno a impulsar un proceso en la Corte Penal Internacional por la represión a las mujeres afganas’, 7 November 2024, available here.
[39] El Confidencial Digital, ‘Mujeres afganas fuerzan en los tribunales poder viajar a España para huir de los talibán’, 31 December 2024, available here.
[40] Amnistía Internacional, ‘8M: Amnistía Internacional denuncia más de 80 restricciones a mujeres y niñas en Afganistán, y reclama que se reconozca el “apartheid de género” como crimen de derecho internacional’, 6 March 2025, available here.
[41] Cadena Ser, ‘Más de 200 desertores rusos llegan a España en busca de protección internacional’, 21 November 2022, available here.
[42] Information provided by Accem in July 2024.
[43] Accem, ‘Accem acoge a un grupo de niños y niñas de Gaza gravemente enfermos que recibirán atención sanitaria en España’, 3 April 2025, available here.
[44] Information provided by Accem in July 2024; Radiotelevisión del Principado de Asturias, ‘Los menores de Gaza tratados en el HUCA continúan sus tratamientos con normalidad’, 11 September 2024, available here.
[45] Accem, ‘Accem ha acogido este año a 14 familias procedentes de Gaza con menores necesitados de atención sanitaria urgente’, 9 December 2024, available here.
[46] El País, ‘Un grupo de gazatíes solicita desde Egipto su traslado a España para poder pedir asilo’, 6 August 2024, available here.
[47] Middle east Monitor, ‘Spain, Ireland demand EU suspend free trade agreement with Israel’, 15 October 2024, available here.
[48] El Salto Diario, ‘Juristas por Palestina piden en el Congreso que España no sea cómplice de Israel con su pasividad’, 17 December 2024, available here.
[49] Europa Press, ‘España ya acoge a medio millar de personas que han huido de Gaza y Cisjordania’, 7 February 2025, available here.
[50] Newtral, ‘Los refugiados de Gaza no reciben una “paga” de 1.600 euros mensuales en España’, 11 March 2025, available here; Maldita, ‘Qué sabemos de la supuesta ayuda de 1.600 euros mensuales para un “refugiado de Gaza” durante diez años’, 13 march 2025, available here.
[51] Information provided by Accem’s legal service in February 2025.
[52] Ministerio de Inclusión, Seguridad Social y Migraciones, ‘El Ministerio de Migraciones atenderá a más de 50 personas hispano-libanesas sin recursos, llegadas ayer a España desde Beirut’, 4 October 2024, available here; Accem, ‘Accem acoge a 54 personas evacuadas desde Líbano’, 4 October 2024, available here.