Author
The Asylum Law does not provide for a specific procedure for subsequent applications and does not set a limit number of asylum applications per person.
When the OAR receives the new asylum claim, in practice, the second application submitted by the same applicant will not be deemed admissible in the first admissibility phase if it does not present new elements to the case.
Being considered as new asylum claim, and not as a subsequent application, the applicant will have the same rights as any other first-time asylum applicant, including the right not to be removed from Spanish territory. Consequently, the person is allowed on the territory until they receive a response on the admissibility of their file and the correspondent timing during the available appeals foreseen under the Asylum Law, which is when the lawyer asks for precautionary measures to be taken to avoid the removal.
According to Eurostat, 3,245 subsequent applications were presented in Spain in 2021, 1,805 in 2022, 1,965 in 2023 and 2,140 in 2024.[1]
[1] Eurostat, ‘Asylum applicants by type, citizenship, age and sex – annual aggregated data’, available here.
[2] Information provided by Accem’s legal service in April 2024.