Author
The Asylum Act 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 he or she receives a response on the admissibility of his or her file and the correspondent timing during the available appeals foreseen under the Asylum Act, 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, and 1,805 in 2022.[1]
[1] Eurostat, migr_asyappctza.
[2] Information provided by Accem’s legal service on March 2023.