General (scope, criteria, time limits)
The asylum procedure in Spain is divided into two phases: an admissibility procedure, followed by an evaluation on the merits in case the claim is admitted. For claims made on the territory, the admissibility assessment must be conducted within one month of the making of the application and 2 months for Dublin cases. When these deadlines are not met, the applicant will be automatically admitted to the asylum procedure in territory.
As provided in Article 20(1) of the Asylum Act, applications can be considered inadmissible on the following grounds:
- For lack of competence, when another country is responsible under the Dublin Regulation or pursuant to international conventions to which Spain is party;
- The applicant is recognised as a refugee and has the right to reside or to obtain international protection in another Member State;
- The applicant comes from a Safe Third Country as established in Article 27 of Directive 2005/85/EC;
- The applicant has presented a subsequent application but with different personal data and there are no new relevant circumstances concerning his or her personal condition or the situation in his or her country of origin; or
- The applicant is a national of an EU Member State.
In 2017, the OAR dismissed 23 applications as inadmissible, of which 14 in the border procedure. This number increased considerably in 2018, with at least 1,455 applications dismissed as inadmissible, of which 577 concerning nationals of Algeria and 492 nationals of Morocco.
Information on the inadmissibility grounds applied are not available.
Since mid-2019, the admissibility procedure is no longer applied in practice, because the 1-month deadline provided by law to decide on the admissibility of the asylum claim cannot be complied in practice due to the high number of asylum applications. Thus, asylum seekers are documented with the white paper during the first 6 months, instead of being documented with the red card after 1 month.
The same rules as in the Regular Procedure: Personal Interview apply.
The inadmissibility decision is appealable in two different ways:
- Asylum seekers have two months to appeal against an inadmissibility resolution before the Central Administrative Judges (Juzgados de lo contencioso administrativo); or
- In cases where new pieces of evidence appear, the person has one month to present a revision appeal before the Minister (Recurso de Reposición), in which case a decision should be taken within two months.
Both types of appeals have no automatic suspensive effect.
The same rules as in the Regular Procedure: Legal Assistance apply.