Safe country of origin

Spain

Country Report: Safe country of origin Last updated: 21/04/22

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The notion of “safe country of origin” is defined with reference to the conditions for “safe third countries” laid down in Article 20(1)(d) of the Asylum Act. The application of the safe country of origin concept is a ground for applying the urgent procedure (see Regular Procedure).

There is no widespread practice on the use of this concept, although the Audiencia Nacional reasoned in 2016 that Morocco and Algeria qualify as a “safe countries of origin” on the ground that they are “safe third countries”, without referring to separate criteria.[1] The Audiencia Nacional continued to consider that the “safe country of origin” concept can be applied to Algeria in 2018.[2] It seems that the concept is rarely used in practice.

However, it has to be underlined that in the last years, the Spanish Government is granting protection to Moroccan national in specific cases, such as when, political grounds (i.e. those coming from the Rif region), LGTBI+, and gender-based violence grounds of persecution are deemed to exist.

 

 

 

[1] Audiencia Nacional, Decision SAN 4076/2016, 17 October 2016; Decision SAN 3838/2016, 17 October 2016.

[2] See e.g. Audiencia Nacional, Decision SAN 4632/2018, 23 November 2018.

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